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Recent employment law questions
Can the insurer stop paying benefits when the judge ordered
Can the insurer stop paying benefits when the judge ordered them to pay until we came back in one year for a final settlement? What can I do if they have stopped payments? They have not responded to my calls for an explanation and whether or not they'll pay for an additional surgery that both my doctor and the workmen's comp doctor say is necessary and related to the work injury.
I had a salary and was paid an additional draw
***** ***** - i had a salary and was paid an additional draw as well. I left the company and now they say I owe them that money. No where does it say in my contract or handbook that I would owe that money or it would be against future earnings...JA: Thanks. Can you give me any more details about your issue?Customer: I was sent an "invoice" from my former employer about 2 months after I left and was sent an email yesterday. I have not been contacted by any lawyers by the company.JA: 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.
Started 8/2015 *Due to high turnover and negative reviews,
Started 8/2015 *Due to high turnover and negative reviews, employee's are encouraged and reminded (weekly) to communicate issues by either contacting the CEO or the president or using their anonymous system "VOX". Issues that tie into what I went through.I was removed from training, abruptly and prematurely to cover a maternity leave. However, a week later I was moved to a different account. This account was within an industry I was not familiar with. To make things more difficult, I was not given the paid resources (CareerBuilder, LinkedIn Recruiter) other Recruiters had access to, training/review on the clients procedures, questions regarding this process were unanswered and unable to brand as the company or communicate with client or candidate. Rather than quit as many had recently, I took a chance and contacted the CEO. He was upset and very apologetic. Within minutes I received an email from the President, apologizing, letting me know the CEO spoke with him and they are making this a priority.With continued broken promises to work in the role I was hired for and providing me with equal resources, I was glad I spoke up. However, In my four months with them, I was moved 6 times, under the same issues (avg. time a Recruiter is assigned to a client is four to six months) and this movement made commission unattainable.In November I was taken off an account during two days of approved PTO. Knowing the reason I needed to be off was do to a miscarriage. I returned and my manager told me I was moved because they didn't need two people on the account. However, because I was connected to the group, I received email updates and discovered another Recruiter took my place. Asking my manager why, only made things worse.Managers are suppose to communicate monthly goals with us. I asked several times what my goals were and the only two months I received an answer, it was two-three weeks into the month. Manager have scheduled 1:1 weekly calls with each recruiter. I could not get my manager to commit to one meeting, until last week. I dialed in and to my surprise my manager has invited HR to the call. I was given the choice of two weeks severance or receiving a FINAL written warning. And if I stayed I would be held to the goals of my new account (these goals were almost doubled the week prior and no one had hit the goals prior to the increase). However, I would again not have the resources my team mates had access to or would I be able to Brand as the company or communicate with the client. Completely set up to fail.I had never had a single conversation about my performance (even though I asked weekly for feedback), had not worked on an account long enough to see my placements through and it was clear my manager did not like me questioning her removing me from my position during a miscarriage, this was retaliation. I made it very clear I had every detail, document, email and IM to back up everything I said and did, but most of all, every conversation I had communicating these issues.I sent an email to HR and said just that, requesting to speak with her. The next day her and I spoke and her tune had completely changed. Now she is apologizing, removing any warnings and suggesting I consider taking the severance since they have clearly and consistently broke promises, making it hard to repair that trust.Without me asking, she offered making an exception and paying me for unused PTO (normally you must work a year). I negotiated 4 weeks and removing the non-compete portion from my employee agreement. My argument was why should I have to take a step back in my career for 2 years when I was encouraged to speak up but not protected. They agreed and sent me a separation agreement Friday. If I sign I will get the money mentioned but I will give up my legal rights and I agree not to talk, write, publish my experience at Wilson. I asked what am I to say the reason I left the company. Her response:"Nicole,What you tell future/prospective employers is totally up to you. What HR will confirm on our end, if we are contacted, is dates worked, title, and salary (salary is with your written permission). We will not speak to the reason for separation.As for the agreement, the word “termination” is used, which is what would need to be provided if you decided to apply for unemployment. "I don't plan on filing unemployment. I know they are worried and have consistently admitted wrong doing. I don't think I should accept this as a termination. And I am debating either negotiating additional severance or filing a claim.PS I worked remote in Michigan, WilsonHCG is in Florida.Do you think I have a case?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I am trying to get a concrete statute of limitations
I am trying to get a concrete statute of limitations for a breach of a written contract for California public schools. The breaches would include the following:1. District administrators failed to follow an article/section that required administrators to contact the proper police authorities when a teacher is assaulted.2. District administrators failed to investigate the incidences of assault after being notified by the teacher.3. District administrators were informed of the details of their breach, but refused to properly respond to the grievance.4. Even though the district administrators were aware that they had (1) failed to respond as required by the district contract between teachers and school district, (2) failed to respond to a submitted grievance, (3) failed to investigate the assaults, (4) were aware there was a preponderance of evidence the assaults occurred, they would not allow the teacher to obtain unemployment due to a constructive discharge due to intolerable conditions caused by the assaults and administrator failure to investigate the assaults as required in the district contractual agreement.
Hi, My case is similar to the one here. Do you think I should
Hi, My case is similar to the one here. Do you think I should pay the amount? Relevant sections from my offer letter is as follows:In the event you voluntarily terminate your assignment without providing XXXX with 90 days written notice, or if your assignment is terminated for cause by XXXX, you agree to pay XXXX the amount of Ten Thousand Dollars and no cents ($10,000.00), which sum represents XXXX's cost of customer service continuation, recruiting, assigning, training, educating, marketing, and your replacement. You have gone through this clause, have had sufficient opportunity to decline yourassignment if you do not wish to accept this clause, agree that this clause is reasonable and necessary to protect XXXXs business interests because of your breach of contract, and confirm that you shall be bound by this clause. You may decide to satisfy this requirement in Lieu of, as per the following:- If your notification period is 0 to 60 days, the payment is $10,000- If your notification period is 61 to 89 days, the payment is $5,500- XXXX reserves the right to engage the services of a collection agency if payment is not received by your last date of assignment, or to take other appropriate legal action, either in the US or in India, at its sole discretion. Please note that if you also have left the services of XXX India, release of the Experience and Relieving letters from XXX India will be withheld until satisfaction of this repayment. This clause supplements any other clause with respect to your notice period with XXX India. In the event of conflict with any other clause, this clause shall prevail.
My girlfriend won a judgment in 2009 against her employer but
My girlfriend won a judgment in 2009 against her employer but she was not happy with the settlement or the handling of the case by her attorney so she never cashed the check. She was thinking by not cashing the check it that it would mean did not except the settlement, then she would hire a new attorney and go from there? To date she has never done anything about it. She now needs the money and wonders if she can still cash it? if so can she cash the check they sent her or does she need them to issue a new check? Or will they issue a new check? Also they made the check out in her maiden name and that was not the name she had at the time nor does she have that name now and says she can't cash it in that name? Also she doesn't know if a insurance company paid the money or her employer? The check is from a lay firm, any information anyone can provide will be very helpful. Thanks Jerry
If I am employed by a state agency and told I have to be certified
If I am employed by a state agency and told I have to be certified by post within six months of my employment and let go because it took the employer too long to properly submit my paperwork to POST Council and They stated by their policy's they had to let me go Because I was not going to get to POST with enough time to certify but they let me go two months early with other people going the same week to POST, They said they were going to let me go early. Is this right?, I had no discipline issues no write ups and was always on time with no issues!
I signed a "Release of Claims" document as part of a severance
I signed a "Release of Claims" document as part of a severance agreement. I was told that I could not file for unemployment benefits as long as I am collecting the weekly severance payments. The document does not specifically say that but has enough legal jargon that it is not clear to me. Can you help?
I am in desperate need of legal advice. Two yearsView more employment law questions
Hello,I am in desperate need of legal advice. Two years ago, I filed a physical and age discrimination against my employer, a local school district. At the time of my hiring the employment attorney, I paid a $15,000 retainer fee. She immediately hired a disability attorney, who then hired an SSD attorney.I was granted, then denied my long term disability. I was approved for the SSD the first application. My legal fees to date that have been paid are about $40,000.Nothing was done with my employment lawsuit other than my employment attorney directing me to request my employer to give me a job with reasonable accommodations. This was requested and denied two months after the lawsuit had been filed in June 2012. My employment attorney knew this before that I would not be able to work.In the past three months we had a global mediation with the school district, me, my employment attorney and WC attorney.We negotiated for twelve hours. My employment attorney then stated that if I did not sign the tentative settlement agreement, I would lose my SSD and Medicare benefits if I was deposed and was asked about asking for a job with reasonable accommodations.I heatedly objected in front of my lawyers, my wife and the mediator. I reluctantly signed the agreement and left.Since then, I have found out that I would not lose my SSD and Medicare if I had testified an moved forward with a trial.When I brought this to the attention of the employment attorney, she denied saying this. I have since corroborated her statements with my WC attorney.I am now being threatened by my employment attorney that I have until 6/2/2014 to sign the final settlement agreement or the school district is going to court to force the judge to enforce the agreement signed in March. I was also promised verbally at the mediation by my employment attorney, that I would be able to have the school district support my resignation for medical reasons due in injuries sustained in the line of duty. I was assaulted four times in five years and am totally disabled because of theses injuries. This was another thing that was taken away.What can I do with the court to delay this situation until I can get a new employment attorney or should I keep my present attorney even though I know she lied to me and denies she did these things. What woul be her reasoning for this strategy and is she afraid of a legal malpractice suit by me for her mistakes?