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Recent employment law questions

An employee gave notice he is resigning and would like to

An employee gave notice he is resigning and would like to leave the company July 1. The company wants him to leave sooner, ASAP.How should we terminate the relationship and document it appropriately? Should we do a Separation and Release Agreement (with severance) or is it not necessary and we can just tell him he needs to leave sooner? We are not that concerned about him suing for any reason down the road; we are just wondering how to end it sooner and make sure all the loops have been closed. Thanks.

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Ely

Counselor at Law

Juris Doctor

 
62,084 satisfied customers
When in staff meeting - owner and 3 employees (I was one of

when in staff meeting - owner and 3 employees (I was one of them) we were discussing hiring another employee and owner said in front of others - that a few of the last employees that left - said on their exit interviews I was hard to work with and intimidated them. I was up unitl Dec 2013 the office manager. as of Sep 2015 everyone reports to owner. My question - should she of said that in front od other employees ? should that of not been discussed with me - after to past employees left vs in staff meeting? I do not even want to go to work anymore - afraid I might say something to offend others. Please I need direction on this - I have always tried to help all co-workers - willing to work and learn.Thanks Cathy

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Lucy, Esq.

Juris Doctor

 
29,196 satisfied customers
TJ, I appreciate you patience very much. Just FYI, I work 3

TJ,I appreciate you patience very much. Just FYI, I work 3 jobs and it is hard to always check and respond to my emails. However, I would like to follow up with you with some new information I found about my problem. If you would like to help me then please connect with me again. Thank you for everything.

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TJ, Esq.

Juris Doctor (JD)

 
10,180 satisfied customers
I recently quit my previous employment under good

I recently quit my previous employment under good circumstances and still work there on an "as needed" basis. My question has to do with my flex spending account. I made contributions throughout the year and I have approx $500 - $1,000 remaining in my account. When I first signed up for my flex spending my HR mentioned that it was a "use or lose" contribution. Immediately, after they made that comment they continue by saying to us employees that we should only contribute what we expect to use. When I confronted my HR about collecting my remaining amount of money they stated that my "termination" date has passed and I cannot use nor collect any money remaining amount. Further more, that money goes into a "forfeiture" account. HR could not explain anymore passed that and I find it very upsetting that I have lost potentially $1,000 without going through an exit interview to explain these conditions to me beforehand and before my time expired when I cannot use my Flex spending account. I need help to investigate this further as I have already contacted my corporate HR about this situation and cannot go any further as they explained the similar answer. Please Help because $1,000 is too much to lose.

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TJ, Esq.

Juris Doctor (JD)

 
10,180 satisfied customers
I was brought into a secretly arranged meeting to be addressed

I was brought into a secretly arranged meeting to be addressed about some concerns. This was in front of my supervisor and county adminiatrator, was never addressed with me by my direct supervisor prior. I was accused of ridiculous things ("targeting" a peer, and an allusion to sexual harrassment, "worrying too much,"). My sup is a well known bully. And the County Administration does nothing about it. I'm leaving the agency now bc I'm literally having panic attacks. I have an exit interview scheduled. What should I say or not say?Thanks so much,Renee

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Ely

Counselor at Law

Juris Doctor

 
62,084 satisfied customers
I worked on an oilrig in the Gulf of Mexico company

I worked on an oilrig in the Gulf of Mexico for a company with offices in Houston, Texas, but is a London based company. The rig manager, who works in the office in Houston on a daily basis, whom only visits the oilrig every 2 to 3 months, fired me for performance issues. During the termination phone call he stated I had numerous violations of company policy that lead to people getting injured, which I firmly disagreed with him on. His claims contradict all my job performance reviews done by my immediate supervisors who work with me on a daily basis on the oilrig. I feel like my termination by the rig manager is because I voiced my concerns to many times about safety issues on the rig. Also, I filed for unemployment with the state of Texas, the company objected, but the unemployment office decided in my favor. I have received from the Texas unemployment service limited information of what the company supplied to Equifax who supplied the information to the Texas unemployment office about my job history with the company, which shows a contradiction between one job performance review and the rig managers opinion. I have filed a complaint with the company and the chief compliance officer at the company is investigating it. I would like to receive a written statement of the reasons for termination, plus the performance reviews from the company. I have researched this online and have found conflicted answers to whether are not Texas Companies are legally bound to supply a discharged employee with a written statement. Here are the links to what I have found that has me confused on which is correct: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html and http://www.twc.state.tx.us/news/efte/exit_interviews_notice_of_discharge.html .Who is correct? If the company is required to give a written statement to me, do I need to request it with a written letter with my hand signature and mailed through the US mail. Or can I request it by email? I emailed human resources at the company last Friday about receiving a service letter of my termination, plus copies of my performance reviews and the reply from them was “I would be happy to discuss. When would be a good time to contact you?” I have been applying to numerous jobs every week for quite some time with no responses, so I would really like to know what would be supplied to them if there were an inquiry about my job history with the company.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
Employment Law Question – Separation Agreements – State of

Employment Law Question – Separation Agreements – State of ColoradoI am voluntarily leaving a company on good terms in the next few days. I have given 2 weeks notice, and HR is trying to get me to sign a Separation Agreement to turn in on my last day during the exit interview. The document basically asks why I am leaving, but includes the following… I have no claims or grounds for claims against during my employment.I do not have any claims or grounds for claims that I am aware of, but I do not want to waive any my rights (I don't trust this company – at all). I have researched Separation Agreements at great length, and have found that they are mostly used for situations where company's terminate an employee and offer a severance, such that you are waving your rights to sue in exchange for consideration (something of monetary value). In this case, they are not offering any consideration, and I do not feel that I should, and have to, waive any of my rights. I have read that a Separation Agreement is not enforceable without consideration, and it must be entered into knowingly and voluntarily. I feel like I am being pressured into signing it, and was not given a straight answer when I asked whether it was voluntary.That being said, I am afraid of what could happen if I refuse to sign, and make them angry. What are my rights in the State of Colorado? Should I sign it? Do I have to sign it? How should I handle this situation? What kind of recourse could they have if I refuse to sign it (fire me that instant and ask me to leave, blacklist me, etc.)? Is this a normal practice (I have never seen anything like this)?Please advise.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
I was off and received a monetary offer in exchange for

I was laid off and received a monetary offer in exchange for agreeing to a covenant not to sue. I was given 45 days from 2/9/16 to respond. The deadline is today. On March 7 asked an attorney to negotiate a larger amount for me. He said he didn't have enough time to negotiate but instead would send a demand letter for me based on the fact that a supervisor had hit me. He sent me a draft letter about a week ago and asked for corrections. I submitted corrections. He had informed me that he would send the letter this Thursday. He didn't. This morning when I advised him that the deadline was today, he said he was 2 days behind and couldn't send the letter until next week. He said not to worry, companies generally leave the original offer on the table even after the deadline.I'm losing confidence in this attorney. Should I find another? Should I go ahead an take the original offer since today is the deadline on my own? I agreed to pay the attorney 1/3 of any money collected as a result of his efforts. But he hasn't even sent the letter.I could not get anything past the deadline, correct? Before this guy I already called 4 attoneys and didn't get a call back. What should I do?

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John

Attorney

Doctoral Degree

 
7,318 satisfied customers
I was a newly hired assistant basketball coach working with

I was a newly hired assistant basketball coach working with a newly hired head coach in a rural PA high school. Many of the behaviors exhibited by the head coach were questionable. I tried to assist the head coach by clarifying rules of the game, teaching strategies, and preventing or intercepting problems. About half way through the season parents and players began to approach me with complaints about the head coach. Among their concerns were that he was coming to practice "impaired", giving contradictory instructions, encouraging players to injure opponents who had been rude to him, not returning phone calls, smoking on school property, mis-stating scores and statistics, etc.) They told me they had discussed these issues with school administrators but no action was taken and they asked for my help. I discussed their concernsJA: Thanks. Can you give me any more details about your issue?Customer: continued with the Athletic Director who had observed some of the behaviors of concern and an investigation was initiated. When the head coach realized he was under scrutiny, he brought his NAACP attorney into the situatiuon and suddenly the school environment became hostile toward me. I was criticized for "undermining my superior" and denied any opportunity to further discuss or explain the situatio. Two weeks before the end of the season. I politely resigned and was denied an exit interview. The very next day I learned that someone from this district had contacted local school districts reporting negative information about me that resulted in my losing coaching contracts for baseball, being denied a sports reporter position I had been offered, and even being turned down when I offered my assistance as a volunteer to schools with which I had formerly coached. Basically what happened was that I was considered blameworthy for reporting unethical behavior and the school district in which this occurred took retaliatory action which destroyed my oppofor future involvement district in which this occurred responded by "poisoning" my community and closing doorsJA: OK got it. Last thing — Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Asad Rahman

Attorney

J.D.

 
2,272 satisfied customers
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