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Recent employment law questions
My sister has MS and works at a library. Her 20 year work
My sister has MS and works at a library. Her 20 year work anniversary is approaching in Nov. and yesterday her boss and the HR rep ambushed her with a meeting asking her to retire in Jan 2017. They say she can no longer perform the role she was hired to do. The manager has been documenting incidents, most of which are exaggerated, and in one case, she was blamed for something a co-worker did. The HR rep says she must apply for FML by July 1. She works for a larger system where at least 2 other co-workers were given promotions without so much as an interview. A different co-worker was allowed to retire and arranged it so that she could come back in a p/t position that was just vacated, also without interviewing for the position. A different employee (who upset her branch manager by spreading vicious rumors) was allowed to transfer to a new location. She also has MS. All of these moves happened in the last 2 months. None of them were for medical accommodations.In all of this, could there any precedent set that my sister could use in fighting her "forced" retirement? Maybe something she could use to secure a position change to one that suits her abilities better? After all, it seems they can make room for other people and give out promotions and such like it's candy, for those who are able-bodied. We do have depts where people do not have to be able to walk to work. My sister can walk, but needs a walker to go longer distances. There is also a man on staff full-time with Down Syndrome whose position is completely tailored to his disability. He has worked for the library more years than my sister.Thank you for looking into this.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I am working full time law firm, but under the Family
I am working full time for a law firm, but under the Family Leave Act until Dec. 17 after having undergone surgeries for right eye retinal detachment. My eye physician has said I am able to perform my duties as a legal secretary. My employer, however, has demoted me to receptionist. I believe I have performed my duties well. I am 66 and they are trying to force me to retire. What are my options at this point?
My older brother has worked at a company for 30 years and the
My older brother has worked at a company for 30 years and the company hired a young guy to be his boss. There was an instant dislike from his boss day 1. Thru the time my brother worked his boss made numerous complaints that my brother was being overpaid. The boss offered a bogus position( no clear mention of pay, title location etc.) my brother declined and instead transferred out of state within the company. All my brothers evaluations stated above average job performance. During this time other senior employees were hassled, one retired early and the other milked a small disability until he quit. Not sure if age discrimination is basis. Sure my brothers wages could cover two maybe three new employees salary completely unexperienced or as knowledgeable. He does not want possibly being fired on his record. What are his choices if he wants to contest his imminent termination?
I am a black female and I applied twice for a position in my
I am a black female and I applied twice for a position in my department but was not selected. The first time the supervisor selected 3 white males. When I found out that I was not selected I filed an EEOC complaint and requested information about the hiring process. This has happened to me on more than 2 occasions with this office. Recently, HR announced that 2 females were selected for the position. I don't know the race because they have not started yet and I am still waiting on the FOIA request for the case file which has taXXXXX XXXXXer than expected. If the 2 females are black do I still have to prove my case? It just seems suspect that they announced the selections right before my mediation date and my request for information is still outstanding.
28 years at a beverage plant, was on the wrong anti-depressant,
28 years at a beverage plant, was on the wrong anti-depressant, was harassed by a work partner for 2 years, I didn't complain, (ethics) I got fed up and lost temper with him, yelled at him , but did not hit or strike him, I touched him with the side of my stomach with my hands in my pocket smiling , it was a setup by the two people there on the jobsite, Got suspended, Got moved to different job, Harassed by that boss, tricked, and given raw deals, disqualified unfairly from 20 year position. Demoted to warehouse to loading trucks, at 58 years old, too old to handle job, in pain, too much seniority on load crew, everyone scared of being bumped from their job. looked for ways to get rid of me, I was in immense pain, I was heard me talking to myself , Talking 'Klingon' they want to me to die on the job I thought, I said 'its a good day to die' and it was heard. I was suspended 2 days later with no real union Stewart present, just a silent union employee. I was set up. I was advised by the union to go on sick leave, which I have been on since 3/15/13, I only got 4 weeks sick pay and nothing but medical insurance since. They want me to retire, but I cannot unless I get ss retirement. Here is my problem I have been both harassed and set up at work and am under so much stress I cannot even think straight, and running out of money, I tried to start an online business but everybody took advantage of me and now I'm up to my eyes in debt. Before this started all I owed was my house and car, now I'm going broke, getting ready to lose everything I own, losing my mind, my wife is so stressed out she is ready to lose her job too. I told My company when I started I was in a head on collision in 1980 and I was slow to learn, some people in the dept. would make fun of me saying I had a metal plate in my head. you see , I do not believe in hitting people, I am a large man and I am sick of people treating me like they are scared of me. The people who know me know I am a big goofy teddy bear. Who is now confused and scared and in need of help. I am still listed as employed there, so I cannot get another job, or collect unemployment, if I am terminated I lose my insurance and we both go to doctors and rely on tons of medications medical , and mental, we are both see a physiatrist we both have arthritis, and my wife has fibromyalgia on top of if all. SO what do you think?
My (customer service) department has not been fully staffed
My (customer service) department has not been fully staffed (with inadequate or no back-up for over 2 years and it's taken its toll on me physically & mentally. I developed Shingles in March that lasted for 8 weeks (2 days taken off) and I get carpal tunnel symptons for which I wear a wrist support. I attribute the Shingles to long term stress as I am very healthy. I take no medications and all vitals are healthy - no high blood pressure, sugar levels, etc. I feel forced to retire early (62 next month) because I just can't do 40 hours per week anymore. The stress is too much. To give you an idea - Fully staffed is 3 full timers and 1 girl who works 3 days a week. We currently have myself and the part-timer. We have not had 3 full timers for any length of time in 2 years. I asked if I could reduce my hours and was denied. I have over 300 research cases in my work queue. Do I have any legal recourse because I'll be taking a pretty big hit financially (reduced Social Security, reduced pension, cost of medical insurance (depending on 2014 "Obamacare" options)
I worked in New Jersey. i was terminated from my job for poorView more employment law questions
I worked in New Jersey. i was terminated from my job for poor job performance, but since I was going to be 62, they gave me a choice of early retirement from the company, or termination. That was the only too choices I have. I chose early retirement from the company. I apply for NJ unemployment, I was disqualified to get it in which the NJ unemployment stated, YOU RETIRED FROM YOUR JOB VOLUNTARILY WHEN CONTINUING WORK WAS AVAILABLE. I do not know where they the got that idea, there was no job available at the company for me. I was forced out. NJ unemployment does not know that termination and getting early retirement was the only choices given to me. I am appealing, do I have a case for winning this appeal? I have a separation and release agreement that stated on the beginning paragraph that this is called a resignation by mutual agreement, do you think also just because this agreement is called this that it's a reason they denied me of the unemployment benefits? The company gave me an outsourcing organization to look for work, and 2 month salary continuation. Would this help me win the appeal? thanks for your help, I look forward to your reply.