I have an ex-employee that worked for me for 2 years. He
I have an ex-employee that worked for me for 2 years. He recently gave a 2 week notice. During his tenor at my company, he worked in one of my 3 buildings. His office was where I had my original desk, and my bottom drawer was locked. I lost the key. A year ago the employee asked if he could use the drawer for his area and to store work files. I told the employee I lost the key to the drawer and its been years. A couple of months later I was visiting the building and the employee informed me that he was able to open the drawer. I asked him how he opened it up, he said he just used a plastic card. I said okay, I'll come in this weekend and clear out the drawer for you. Well I forgot to go back and clean it out. A month ago my office manager noticed the desk area had been cleaned as this is where I also kept my personal family pictures even though I hadn't been at the desk for over a year. She left a note for this employee want to know where all my items had gone. The employee said that he had placed everything in 2 small boxes and placed them on the shelf. The employee then used my previously locked drawer and placed his pendeflex files in the drawer and took the pictures off the desk and also placed them on the bookcase. The employees position was that as the supervisor of that building that he needed an area to place work documents and since I his manager no longer worked in the building and seemed to have no objection of the drawer being opened took it upon himself to clean out my previous desk, mind you I have not worked there for 17 months and I did say I would come back and clean out the drawer and never did. My question is, I believe in that drawer I had left some money. After the employee left and I went through the boxes I could not find the money, which I believed I left in the drawer. I don't have any proof as it was placed there 10 years ago. What is your advice. The employee no longer works for the company.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Has anything been filed or reported?Customer: no, not yetJA: Anything else you want the lawyer to know before I connect you?Customer: no
There is a very high turnover rate in our company and we
Hello-There is a very high turnover rate in our company and we would like to start offering our hourly employees a chance to complete an exit interview form themselves, if desired, after their termination has already taken place.Do we need any sort of legal consent from the employee authorizing us to send emails to their personal email address after termination?Thanks
How to approach an exit interview if company performance
how to approach an exit interview if company performance hindered work productivity to establish severance if leaving or terminated? when working as W2 paid hours are 40 work levels typically run 50-60 hours, is there recourse to negotiate severance. your suggestions on how to posture?
I am currently working for a publicly traded company where
I am currently working for a publicly traded company where the ability to get work done has been impacted by a variety of problems. If I was to depart or be fired for lack of performance due to these problems how would you suggest to posture for an exit interview to receive severance and a positive reference? This company does work for publicly traded utilities and other government agancies.
My employer notified me at 1pm yesterday that I am to have a
My employer notified me at 1pm yesterday that I am to have a meeting with my supervisor and the in house counsel. I asked my sup what meeting was regarding. She said "The topic of the meeting will be discussed at the meeting" I point blank asked if I was being fired. She said "No". I emailed the in house counsel and asked the same question as well as if I needed counsel. She replied the same "The topic will discussed at the meeting" and that per company protocol no outside counsel is allowed to be at an employee-employer meetingJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Oklahoma CityJA: Is the employment agreement "at will," union, full time or part time?Customer: I am a pediatrician, "at will", at an FQHCJA: Anything else you want the lawyer to know before I connect you?Customer: full time. yes
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I really have 2 separate questions: #1 -Last October I was
I really have 2 separate questions:#1 -Last October I was asked to sign a non-solicitation agreement by my employer. I had been working there for previous years. I would not sign the document as is and crossed out some lines on it, initialed and signed. Everyone else that signed it as is, got a signed copy back and I did not. One of the employees was fired the same day.I left the company in June of this year and they still never gave me or copy or mentioned during my exit interview. Could I still be held to this agreement?#2 -I want to go to work for a company that offers similar services. One of the owners happens to be a former client (I did not know this originally). He has a 1yr non-solicitation agreement as well and says he cannot hire me. Could I still go to work for this company if brought in by another owner? Is there a way around this stipulation?
I submitted my resignation to my employer. Subsequently, I
Hi, I submitted my resignation to my employer. Subsequently, I received a meeting request from a legal/litigation/employment law department stating they would like to speak to me regarding an investigation they are conducting. The proposed call is three days prior to my last day at work. I am not sure as to purpose of this call. Have been provided a dial in number and a code. It's either an exit interview or an investigation of some sort on another matter. What information do I have the right to seek prior to going on this call? Thanks
I was fired from my job that I had been at yrs due to
I was fired from my job that I had been at for 12 yrs due to Medical Insurance fraud. I was told that at my exit interview. I worked from Texas (the company is based in California) which is an employment "at will" state, but I was told I was fired for the insurance fraud. This came about because when I joined this company in 2004, I was engaged to a woman that had a daughter, we were together until 2016 but never got married. This company moved me to San Antonio in 2008. She had to quit her job, so I enrolled her in the company's medical insurance plan (Blue Cross/Shield) being told that I could because we were in a Domestic partner relationship. We had and used the insurance until 2016 when she left me. I got married to another lady with 2 children in April. I removed the lady and daughter from the previous relationship and enrolled my new wife and kids in May. The company's HR person called and asked for a Divorce Decree, then I explained that we were never married but lived together as husband and wife the whole time. We filed taxes jointly, she was on all of our bank accounts, and she wore a ring that I gave her when I asked her to marry me. On 15, June, I was told it was my last day and that I was released for Insurance fraud. I believe this is wrongful termination. Am I correct and do I have a case to pursue?
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.
Counselor at Law