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Recent Employee Benefits questions

I feel I was wrongfully terminated as a salaried employee. I

I feel I was wrongfully terminated as a salaried employee. I work in Pennsylvania as a production supervisor. We are a union shop so all my employees have rights that I have to follow with regard to any punishment I give out. We had an incident involving a male and female co-worker. As far as I know this was nothing more than words, because I have only here-say information from some of those who were formally interviewed by our corporate H.R. representative. There has also been talk that there may have been some mutual texting , some which may be considered flirtatious, between the two that boyfriend found out about. Said boyfriend also is an employee of mine and called accused and told him to stop and this is where the trouble really started. This is where it gets sticky, as I have been refused my interview papers or others even though my termination paper says, On numerous occasions Russ was made aware of situations between several members in his work department in which violence or other unprofessional behaviors were allowed to exist without any disciplinary action or follow-up from management. When interviewing me they ask me about the aforementioned incident and what I knew about it and what I did. People in our plant have words everyday and it is not common practice to babysit every he said she said incident as per our union contract the guidelines state that one goes to supervisor, if not satisfied, then they get the union involved. Neither of these things occurred, as the employee continued working and called corporate H.R.when arriving home from their shift. Maybe now would be a good time to point out that myself and our corporate H.R. representative have a past, as I was a 30 + year in the shop union employee, who was also for 6+ years chairman of the grievance committee. We have had our differences about some salary benefits, in particular our PTO, which we earn 1.42 days a month, and upon termination they refused to pay me the 24 days I had already earned. Can they do that? The second, and more serious incident involved both, the union and my boss, the plant manager who I personally brought into it who then handled the discipline which was nothing. The third was between said employee and his son, who is also an employee of mine, and neither of them came to me. I heard it through the grapevine, and was nothing more than a mouth battle. The other incident they questioned me about one employee came to me, told me what happen, words and said employee threw wrench. Then went to talk to other employee and said he didn't throw wrench at him, he threw wrench down and said fix it yourself. After letting things cool for a little accuser apologized, they shook hands and the matter was over. The accused, because of the first incident involving the woman was subsequently given 5 days subject to discharge, which the union has filed a grievance against asking for reinstatement and pay for all days off. When questioning me I was ask if I thought my department was a safe work environment, which I answered yes, and if I had anything else I felt they needed to know about investigation, which I gave them info about another female employee who was approached to throw dirt on accused that wasn't there. on both occasions I told them if they want more than my opinion on my shop and anything else needs to come to light on this matter I told them the better people to ask would be the people in the shop. I was told both times I DONT HAVE TIME TO DO THAT. They weren't looking for the truth. Please feel free to contact me at***@******.*** or(###) ###-#### Thank You Russ Kerstetter

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,750 satisfied customers
I own a yoga studio franchise in Texas. I need to issue an

I own a yoga studio franchise in Texas. I need to issue an "independent contractor agreement" to my yoga teachers and I am using a template recommended by my franchisor, a company incorporated in Colorado. This template, under payment terms reads: "As provided in Colorado Revised Statutes §§ 8-40-202(2)(b)(IV) and 8-70-115(2), the Independent Contractor expressly agrees that, as an independent contractor, the Independent Contractor is not entitled to any employee benefits from the Company, including, but not limited to, any employer withholdings or liability for: taxes, FICA, Medicare or Medicaid;medical or disability insurance; vacation or leave; pension; unemployment insurance; or worker's compensation insurance"please recommend a substitute reference for the "Colorado Revised Statutes §§ 8-40-202(2)(b)(IV) and 8-70-115(2)" considering I am in Texas.thanksGuido

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ScottyMacEsq

Doctoral Degree

23,742 satisfied customers
I have an employee benefits issue. They changed from a

I have an employee benefits issue. They changed from a pension plan to 401k accelerated plan. You had to be at the company for 5 years and be over 55. I was 2 months shy of the 5 years. My benefit was to go from 125% 401K match to 150% - would have gotten the 150% match in two months. I had been at the company for 3 years as a contractor prior and became a full time employee as a turnover. Since it took some time from the time I applied and then a few weeks to go through HR who wanted me to have a start date of July to be half a year - I missed out. Do I have a case to make? I am retiring soon and the difference in pension would be from $280/month to approximately $1400/month

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Asad Rahman

Attorney

J.D.

4,146 satisfied customers
My employer has a pension where we the employees are

Hi, my employer has a pension where we the employees are required to pay 7% after-tax and the employer makes a contribution. They have told us that in FY17 that they will no longer make their contribution, but the employees are required to continue the 7%. This means the employees are funding their own pension. Is that legal ?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: It is "at will" these are full time positionsJA: Anything else you want the lawyer to know before I connect you?Customer: Thats all i can think of

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John

Attorney

Doctoral Degree

8,006 satisfied customers
I'm 37 and worked at Plunkett pest control for I years. I'm

I'm 37 and worked at Plunkett pest control for I years. I'm 100% vested in my 401, it has been 2 years now since I was let go. They are still refusing to let me take or rollover my money to my new job. Can they do this to me? Someone please help me!!

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,750 satisfied customers
I am in in employenent: I accepted a job that was to begin

I am in in employenent : I accepted a job that was to begin in two-months , I still collected UIThe future job I was to begin imploded and I did not receive a pay cheque - but did receive health INS for 3 weksI left once conditions changed - now my UI is underReviewWill my UI be reinstated ?Thank you. ***@******.***

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LawTalk

Attorney at Law

Juris Doctor

35,144 satisfied customers
I'm starting a maid cleaning service in Atlanta georgia. I

I'm starting a maid cleaning service in Atlanta georgia.I wanted to know if I can provide workers comp to my subcontractors or would they have too.

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RobertJDFL

Attorney

Juris Doctorate

13,404 satisfied customers
RE: Possible Breach of Fiduciary Responsibility. The plan

RE: Possible Breach of Fiduciary Responsibility. The plan administrator for my 401K is also the general partner of the law firm I work for. On 10/15/2015 I requested a 401K loan. Loan was approved with the following terms: Principal Amount: $26,131.00; Effective Date: 10/19/2015; Maturity Date: 10/19/2020. On 9/1/2016, I was informed that the firm I work for is closing its doors. January 1, 2016, the law firm I work for will no longer exist. My question is, didn't the plan administrator, who is also the general partner of my firm, have some sort of fiduciary responsibility to me to not approve that loan? Like I thought there was this loyalty thing. This loan isn't even a year old yet. I believe he had a duty to me to protect me first, If he knows material facts affecting the interests of me, which he knows I do not know, doesn't he have a duty to me to either tell me before I make a decision to get a loan that large for a term that long knowing what the consequences are, or if he didn't want to tell me at least not approve it for that much money and that long a term? Please help me. I asked one of the other partners and at first he said he knew I had a loan and he would find the answer for me. The next time I talked to him he didn't have my answer and now he said he knew nothing about it. I was on vacation when all this went down. Nobody has talked to me other than the one partner who says he does not know. I'm not going to ask the general partner if I don't know the answer and his other partner says he doesn't know. Plus, these are estate and probate lawyers, come on...really, like they don't know. It is a small firm - only 3 partners. They don't pay overtime either so, if they break that law I don't trust that they will make this right. I don't know what to say when I do get in the room with him. Thank you in advance for your help.

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38,814 satisfied customers
I was fired due to my stepfathers death. My employer DENTAL

I was fired due to my stepfathers death. My employer DENTAL SOLUTIONS has a call out policy that u call the office manager. I called at 4am and tex when he passed. I even called office so girls could cancel my patients. The manager did not get in til noon and said she never got messages but the girls up front were re sceduling patients because they knew. 4 yrs I workd there, never late and I get fired over my step father dying. I cannot find a job and want to file complaint and sue.

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RobertJDFL

Attorney

Juris Doctorate

13,404 satisfied customers
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