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Recent Employment Rights questions

My boss has no attendance policy in place. A good employee

My boss has no attendance policy in place. A good employee missed a day after having surgery because she was in too much pain to walk. Her job is all standing. Today he presented only her with an "attendance policy" and made her sign it. She is never sick and often covers for other people. Is it legal to select people out like this?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
I work city government, in an arts organization. The

I work for a city government, in an arts organization. The city has decided to split from the arts organization, at which time the arts center will become a separate non profit organization. I decided not to transition with the arts center, since the benefits that were provided by the city will not be the same under the new foundation governance. I met with HR yesterday and was told i would only received 80% of my retirement since i would be one month shy of the five year mark to be 100% vested. Then they asked me to submit a letter of resignation. I responded that i wouldn't be resigning if it weren't for the new transition, but they still want me to resign. I will be working with the city until official split. My question is: why would they ask me to resign instead of just ending my employment when the transition occurs. Thank you for you advice.

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
I have a question about wrongful termination. I was terminated while on long term disabili

I have a question about wrongful termination. I was terminated while on long term disability. I was now notified by my employer. My husband went to the dentist, had to get a prescription filled. He was told the insurance company was not excepting the prescription. he called me I call the benefits department. I was told I was terminated on Dec 31, 2015. The rep suggested I call HR. I did and spoke with the manager. she said she would call me back, that was Jan 6, 2016. I left 4 voice mails. She returned my call on Jan 18,2016 to said she is still trying to contact the benefits department, and she will call me back when she get an answer. I have not heard from her since. I never received a termination letter.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
I am an Assistant Principal and I received a "memo of performance"

I am an Assistant Principal and I received a "memo of performance" regarding a comment of comments taken out of context on Facebook. My Principal claims that the comments were "inappropriate, disparaging, unprofessional, and a clear breach of personnel confidentiality." A friend and colleague on Facebook had made a comment regarding not wanting to go back to work after spring break. I responded to her post "I'm ok to go back now - I finally finished a certain slacking counselor's ESL case load schedules." I never identified the counselor, school, or district and these are not even listed on my profile. The Principal verbally told me that it would be on my summative (end-of-year) evaluation that can be seen by every school district in the state and that my contract would not be renewed next year (I'm not up for renewal until 2017. I know I can write a rebuttal to the memo in my file but is there anything I can do legally to prevent the Principal from putting this in my summative evaluation as they seem determined not only to get rid of me in this district but also preventing me from future employment?

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
I was suppose to go out on a medical leave but foot dr change

I was suppose to go out on a medical leave but foot dr change my date to a few weeks later. contacted employer immediately. I am a full time employee, been informed in writing that the schedule can't be adjusted and i will be out of work insted of 8 weeks, 10-11 weeks and concerned for benefits. I think it's personal and i have informed the her boss of this. I haven't been employed quite long enough for fmla and do not know if i will have a job when i return. can you advise me please.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
I quit my job after 27 years at the same hospital. The

I quit my job after 27 years at the same hospital. The reason I quit was because the new Director targeted me, slandered my name and character until I was finally called in to the VP's office and told, "She is going to fire you, one way or another because she wants you gone!" The VP agreed my job performance was exemplary and it wasn't a performance issue. The reason the new director wanted me out was because she wanted my job for a friend of hers that was moving into the area. She slandered my name by saying I shouldn't even be in the department, let alone as a leader. The way she treated me and talked negatively about me was witnessed by many of the employees in the department. I took FMLA due to extreme stress and when I returned, I was moved to a different unit to work. During the course of my work day, this new director would come over to this unit several times a day and I took it as she was checking up on me. This is also how the other staff members including the Administrator of this unit took it as she had never been over there prior to me working there but then was there several times a day. I now feel I had to give up a lot just to prevent being fired when there was no reason for this treatment. This new director got fired 10 weeks after I left and I called the VP explaining that I wanted to return but his response was that they are upset that I took FMLA prior to quiting and basically they won't let me back in the department because of that. I really don't want to sue, I just want my job back. Is there a chance an attorney can help get my job back?

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
I m commision based pay in outside sales in Az. I received

I m commision based pay in outside sales in Az.I received some mileage compensation for my personal vehicle used but none for my cell personal cell phone which I do use in my job.My company wants me to sign a cell phone policy stating that I will only use this phone outside of my vehicle.Can they legally reqiure this of me?

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
I work lton hotel in Melville Island I have worked there and

Hi I work for the Hilton hotel in Melville Long Island I have worked there for 2 and a half years I am in the union. I never bother the union and I am not s trouble maker. My problem is the time I have been working there I was out of work three times for a week each because I have trouble with my back I never call in sick the same day and do my job very well. I feel I am being harassed the call for my resignation every time I go out with an injury I can't help being injured and only stay out for 5 days? Mayb I am being called to the office Tomarrow and feel sick when I go there they are very rude and intimidating what can I do

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Asad Rahman

Attorney

J.D.

2,804 satisfied customers
My employer implemented a PTO. My anniversary in May and I

My employer implemented a PTO. My anniversary in May and I have over 10 years of service earning 20 PTO days. I was told I have 20 days to use before my anniversary. No mention of accruals. Based on the info following guideline is this this correct? "Effective as of January 1st, 2016, Ballon Stoll Bader & Nadler, P.C. (“BSBN”) will be replacing its vacation and sick leave plans with a new paid time off (PTO) plan for staff and associates. PTO is an all-purpose time off policy for eligible associates and staff to use for vacation, illness, injury, or personal business or family illness. PTO combines traditional vacation and sick leave plans into one flexible policy. Please note, however, only Regular Full-Time staff and associates are eligible to earn and use PTO as described in this plan. Please note that all new accruals will commence as of your date of hire and will be measured by years of service starting with your date of hire.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,614 satisfied customers
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