Join the 9 million people who found a smarter way to get Expert help

Recent Employment at Will questions

I was terminated by United Airlines based on an accusation

I was terminated by United Airlines based on an accusation of falsifying a sick call. (Sick when I wasn't sick). I had over 300 hrs of accumulated sick hours in my bank at the time. When I applied for unemployment benefits, the company denied my request based on termination for cause. My case was heard by a magistrate and he found in my favor. When the case was appealed by United, the magistrate again found in my favor. At the time of my termination, I was told by management that I didn't have a documented history of my illness (migraines), that I didn't have a doctor's note to support my absence, and that I had never 'discussed' it with anyone prior. I responded that it was my choice NOT to apply for FMLA, that a doctor's note was not required, or requested by the company, and that I am not required to disclose any ailments/illnesses with anyone in management. The bot***** *****ne is that they have no proof I falsified my sick call, but because I chose to go home and treat myself, as I had always done, I didn't have any evidence to support my illness. I am a former police officer, and served in the Marine Corps Military Justice system as a Legal Clerk, so I come from a background of the accuser having to provide the burden of proof, not the accused needing to provide the burden of innocence. I had Union representation during my initial hearing with management, my termination hearing, and during the subsequent two hearings, as the appeals went further up the chain of command. All of the appeals decisions were found against me, based on the same reasons. Having exhausted the internal appeal process, I now hope to rectify my situation, and have my termination reversed, in a court of law. Do I have a case?JA: Since laws vary from place to place, what state is this in?Customer: So sorry. I was terminated in the California.JA: Is the employment agreement "at will," union, full time or part time?Customer: Union, full-time, and unsure whether it was at will. I was hired by Continental Airlines in 2005. The headquarters at the time was in Houston, and I was based in New Jersey. Continental and United merged, the headquarters moved to Illinois, and I was based in Los Angeles at the time of termination. I bring all of that up because it's an international airline with many bases throughout the U.S. It was not a year-to-year contract as some foreign airlines do, not was there any fixed term of employment upon hiring.JA: Anything else you want the lawyer to know before I connect you?Customer: Is there anything else you can think of that I may have left out?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,152 satisfied customers
Do I have to turn over my V.A. medical records to the

Do I have to turn over my V.A. medical records to the workman's comp administration? The V.A. has treated me for a previous back injury and I think workmans comp wants to use that information to reduce the amount of my settlement. I have not missed any work due to the previous injury and when approximately 750 lbs. of fresh corn,, I am a produce manager, fell on me I either caused a new injury or really aggravated what I already hadJA: Can you tell me what state this is in? And do you have copies of any medical records?Customer: New mexico,, and the only records I have in my possession are from the DR. who has treated me for this latest injuryJA: Has anything been filed or reported?Customer: I filed an accident report with my employer and workmans comp has been paying my wages for days that I missed due to my injuryJA: Anything else you want the lawyer to know before I connect you?Customer: I think they want my V.A. records so the can claim it as a preexisting condition, therefore reducing the amount of my settlement. I never missed a day of work due to my previous injury.

Read more

Patrick, Esq.

Doctoral Degree

19,336 satisfied customers
I have Hashimotos thyroiditis & gave my employer a list of

I have Hashimotos thyroiditis & gave my employer a list of symptoms that can occur. I used an FMLA day because I had a cough, fever, & couldn't swallow. The ER MD said I had viral laryngitis & viral sinusitis. When I returned to work my supervisor said that my illness wasn't listed on my FMLA paperwork and gave me sick leave. I only had 4hours & the rest was leave without pay for 8hrs. I tried to show her that LloydJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PHX, AZ , I work for the government.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time, at will & unionJA: Anything else you want the lawyer to know before I connect you?Customer: Yes I tried to show my boss that laryngitis is related to thyroiditis. I went to my doctor and he diagnosed me with b Bronchitis & pneumonia which is kind

Read more

John

Attorney

Doctoral Degree

8,626 satisfied customers
I am in AZ and I have a trucking company, recently one

I am in AZ and I have a trucking company, recently one employee wrecked a truck, he ask for a leave of absence first and resigned 2 weeks later. The drug results just came in, and it was positive in 4 drugs.Can I tell the results to other employees?Can I set an example because of this with the rest of the employees ? I mean we are going to sue him for damages to our assets and other additional expenses

Read more

226 satisfied customers
I'm going back to work next week after being on maternity

I'm going back to work next week after being on maternity leave, but my company restructured while I was out and now I'm coming back to a new job and a new boss. Unfortunately, they told me that the new position they put me in requires 40% travel nationwide, which I definitely can't do and they know I can't do... before I only had to do less than 10%. I believe they put me in a position that forces me to quit.

Read more

Ely

Counselor at Law

Juris Doctor

67,996 satisfied customers
Can an employer offer a terminated employee their old

can an employer offer a terminated employee their old position back to keep them from continue paying their unemployement benefits in COLO?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: can the employer threatened the terminated employee with their unemployment benefits

Read more

Loren

Juris Doctor

41,232 satisfied customers
How much will this cost? my question for employment law what

how much will this cost?my question for employment law what does the following mean? It is taken from (in Illinois)employee handbook about disability leaves of absenceIn granting such leave the agency shall apply the following standards: 1) A substantial portion of regularly assigned duties shall be those duties or responsibilities normally performed by the employee which constitute a significant portion of the employee's time or which constitute the differentiating factors which identify that particular position from other positions, provided the balance of duties can be reassigned by the agency;

Read more

Dwayne B.

Juris Doctor

37,204 satisfied customers
Just curious. My father worked at LOF glass for 15 years. He

Just curious . My father worked at LOF glass for 15 years . He was vested. He died at age 44 . My Mother died at age 61. My only Sibling died in 2015. I f my father was vested in his plan. Did the money that had accrued just disappear. This would be old . He lost that job in 1979. I had never thought about it until I was talking to a friend last night at work. I just took it for granted all is goneJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Yes It was in California.JA: Is the employment agreement "at will," union, full time or part time?Customer: It was Union .JA: Anything else you want the lawyer to know before I connect you?Customer: Yes . He worked there from 1964 to 1979. He was fired . He was still vested , and his pension would have been frozen .

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,152 satisfied customers
Can an employer put in your contract that you will never

Can an employer put in your contract that you will never miss a day of work or you will be terminated?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Is the employment agreement "at will," union, full time or part time?Customer: part time, hours 11 am - 3 pm, M-FJA: Anything else you want the lawyer to know before I connect you?Customer: I have had to be out for personal illness and family illness. At first, everyone was willing to help me in getting work done. I signed a new contract a month ago. Now they want to change it with the stipulation that I cannot miss work for any reason.

Read more

John

Attorney

Doctoral Degree

8,626 satisfied customers
View more employment law questions
In The News