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Recent Equal Employment Opportunity questions

We would like terminate an employee for non-performance. He

We would like terminate an employee for non-performance. He has been with us for a long time and his work has become very poor to the point other project managers has had to take up his slack. We have given him so many opportunities to improve there is nothing left to do. He has been written up for lack of performance 4 times with no improvement. The big problem is (and the reason he has not been terminated before) is he is the only African American in the office. We do have Spanish. Don't know what we should do for legal reasons.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MarylandJA: Is the employment agreement "at will," union, full time or part time?Customer: full time, non union and I don't know what "at will" meansJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

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John

Attorney

Doctoral Degree

7,562 satisfied customers
I have worked as a Family Nurse Practitioner for 23 years at

I have worked as a Family Nurse Practitioner for 23 years at a Community Health Center. I officially "retired" at age 66 and immediately starting working PT there, accruing ETO and partial Holiday Pay.I have a Masters degree but I am not Board Certified.Last Thursday he HR Director called me and informed me that unless I am Board Certified I could not work as it my services could not be billed. We are a Federal health care center. I was scheduled for the following day and was told I could work that or not, I chose not to and did receive pay for that day although I have notcashed the check or signed their paperwork.Here's my question:When was the Clinic advised of this regulationWhy wasn't I told in advance so I could start studying or plan my budget correctlyWhy has the other PT NP still working there despite not having finished his Masters and not being Board Certified?I have worked an average of 40-60 hours amount consistently since I retired from FT.We receive notices from Credentialing Dept when our licenses are getting within 3 months of expiring ( I recently did) and they notified meWe have had many personnel changes in the HR dept and a new Credentialling personI was the oldest employee there. Almost 68.No other reason was given .Does this sound right?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I believe that I have been discriminated against by my boss

I believe that I have been discriminated against by my boss due to my age (64) and lack of attractiveness as it relates to performing system (hardware and software) demonstrations. I was confronted with this issue just last week by my boss. He claims that I no longer represent the "right image" whether in person or on video. My boss further stated that he wanted a more attractive individual, specifically a woman, to take the responsibility of presenting the company and its solutions to prospective clients. In spite of my shock by this action taken by my boss, I merely told him that this was age discrimination and was illegal. He suddenly realized what he said and attempted to blame the client who he claims made this remark. I merely told him that he was just as much at fault for having entertained such an idea and in turn confronting me with such a statement. This same boss demoted me almost 6 months ago because he claimed that I was not the right person for the job. The most interesting thing about this confrontation is that I am performing exactly the same tasks as I did with my previous position while my replacement who is approximately 10 to 15 years my junior is not performing any of the tasks that I was accused of not doing. If this is not enough, I find myself working in an extremely hostile environment in which my boss has threatened to fire me or coerce me to resign at least once a month for the past 6 months. I have 2 years remaining on an employment contract that my boss has already breached by not paying guaranteed bonus money that is also stipulated in my contract. Furthermore, I am in a position to vest over 500K in stock options that I will have to forfeit if I am terminated or resign before the vesting time is completed. Please advise. Thank you.

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Patrick, Esq.

Doctoral Degree

17,842 satisfied customers
My employer "eliminated" my position after I had filed a

My employer "eliminated" my position after I had filed a claim with the Equal Employment Opportunity Commission. I am 99 percent sure that after I filed the EEOC claim my employer started to surveil my office computer, which is not an issue, as I have nothing to hide. My main concern is that they might have also hacked my home computer, which is totally separate from my work computer (different account, etc.). After I was terminated under the "position elimination" pretext, a number of documents on my personal computer that pertained to my EOC case have disappeared. Can't be found anywhere in my personal computer system.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New York.JA: Is the employment agreement "at will," union, full time or part time?Customer: At will. Part time.JA: Anything else you want the lawyer to know before I connect you?Customer: Those are the main issues. Thank you.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I'm a manager of a body shop at a dealership. The dealership

I'm a manager of a body shop at a dealership. The dealership was sold over 2 years ago so when the new owner took over I told him I would gladly step down as manager if he wanted to find a real manager. He interviewed several men but they wanted 8 to 10,000 a month. I make 3200 and have not had a vacation in 7 years. I was put in the position cause the manager had quit and old owner and son knew I could learn it by myself . I have been the manager going on 7 years. My mother had a heart attack so I was out a lot. I fired an employee and he ran and told I was on drugs none of the lies he told was true and I said I would take a drug test to prove it. I continue d to do my job and. Had a employee give me some trouble about turning his keys over to me. The owner took the 3 bshop employees and we had a meeting stating what he was not going to tolerate from the workers. Well the owner was looking for a reason to fire me and he said I wasn't management material and will replace me with the painter. The painter has no experince as a manager so I'm to train him. Once he learns all that I know he will take over as manager and my pay will be cut. I think I have a discremation case . he has made a 1000.00 for nothing . we are in a college town so in the summer we are slow but when the kids come back we stay busy. He has been to busy to learn anything . so in 2 weeks he made 3000. Plus a extra 1000. In 15 days I brought home 998. The owner wants a male for a manager.

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Alex Esquire

Managing Attorney

Doctoral Degree

22,112 satisfied customers
I was passed over for a promotion and the candidate that did

I was passed over for a promotion and the candidate that did get the promotion is younger, less qualified, and has only been with the company about 1 1/2 years while I have been with the company for 8+ years. I also have filled this position temporarily on three separate occasions. What are my rights?

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Patrick, Esq.

Doctoral Degree

17,842 satisfied customers
I was diagnosed with post traumatic disorder and depression

I was diagnosed with post traumatic disorder and depression and anxiety disorder. My doctor gave me a 40 hour slip. Now i am being harassed with a letter of warning . For a call off in Nov of last year and one in feb of this year. Which is totally unjustified. I also today received a notice that my work hours will include a 2 hour lunch so now I work from 830 to 630. instead of 9 to 6. I dont know what to do. File a civil suit. File an eeo on the basis of disablity discrimnation. I also filed a grievance for management doing labor work. This is when this all started. This is nothing but pure hassament. No other lead clerk was put on such a schedule only me. My disorder is getting even worse now.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: OhioJA: Is the employment agreement "at will," union, full time or part time?Customer: I am a union member and have worked full time for the post office for 28 years. Now my work is not satisfactory.JA: Anything else you want the lawyer to know before I connect you?Customer: not that i can think of.

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Patrick, Esq.

Doctoral Degree

17,842 satisfied customers
My mother is about to turn 73. A few months ago, she told

My mother is about to turn 73. A few months ago, she told her employer she was going to retire but she didn't give a definite date. They have been pressuring her to give them a date, but she wanted to tie up loose ends first (make sure she had a clean bill of health, pay off some bills, etc.) Yesterday, I guess they got tired of waiting and told her her last day would be September 30th. Is this legal? She's worked there (a university) for 30 years and there are no physical demands or anything about the job that requires her to be under a certain age.

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Patrick, Esq.

Doctoral Degree

17,842 satisfied customers
Researching how to appeal termination, HR initiated the

researching how to appeal terminationJA: Have you documented this or discussed it with HR?Customer: HR initiated the terminationJA: Is the employment agreement "at will," union, full time or part time?Customer: State of Georgia, so no Union, Full time.. I have been a dedicated employee for 4.5 years without so much as a verbal warning and they are firing me for accessing company material for non business purposesJA: Anything else you want the lawyer to know before I connect you?Customer: well previous to this I made two complaint to supervisors one about harassment and the other about sexual harassment

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Patrick, Esq.

Doctoral Degree

17,842 satisfied customers
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