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Recent employment law questions
I'm a Texas employer in the Software consulting
I'm a Texas employer in the Software consulting industry. In our industry, 3 types of jobs are offered to consultants working 40 hours/week - full time with benefits, W2-contract and 1099. The W2 contract employment means consultants are hired for 40 hours/week for say 3 months, and paid an hourly compensation without benefits. The employer withholds all payroll taxes for them. This is preferred by consultants over 1099 as they do not have to do complex tax filings on their own. I'd like to confirm that the W2-contract arrangement is legal.
I was "offered a separation package" from my job of 12years
I was "offered a separation package" from my job of 12years and 7 months, on 05/06/2016. I was just told today around 2pm CST that I have until midnight tonight to start the "Employee Dispute Resolution Process (EDRP).Should I respond? I feel I was terminated out of retaliation for reporting a co-worker who used racial language in speaking with me. HELP!!!
My car was booted and and ticketed by my university with no
My car was booted and and ticketed by my university with no warning nor explanation when I was legally parked.Further details: I have been an employee of this university since August 2015. Beginning in January 2016, I also became enrolled as a student. My employment status and position did not change. In April 2016, received an email from university transportation services stating that since I was enrolled as a student, they could no longer deduct parking payments from my paycheck, and so I must return my employee parking permit. Again, I was working at the same job, paid the same salary, had the same supervisor, etc. - the only difference was that I began attending classes. I responded to transportation services via email stating that I would be glad to pay the parking fees directly to the office since they could not deduct them from my paycheck. Additionally, transportation shut off my employee bus pass without warning. I have not heard from them since this response. I was never sent any university policy regarding changes in my transportation services due to the "change" in employment status. It seems that student status supersedes employment status, but the communication regarding this change in their system has been extremely limited. The change was not made until April 2016, and I was enrolled as a student in January 2016. I would be happy to answer questions about details if necessary.
I own a small business in Austin,TX. I know TX is "at-will",
I own a small business in Austin,TX. I know TX is "at-will", but I want to make sure there aren't certain things that need to be done prior to firing someone.My question: If my business is in an "at-will" state, can I fire someone on the spot and be 100% legally "in the clear"?In case you need more details:This is a National Sales Rep who was given clear sales minimums and goals when she started (they were written down in a presentation and she took notes, but the presentation was not sent to her..but I do have my preso with the circles and scribbles on it from my talk when I showed it to her since it was on an iPad with an apple pencil- so it's like a screenshot of a whiteboard).She has worked for us over a quarter and sales were barely 1/2 the minimum (which she originally had laughed at saying how low it was). We had a quarterly review with her this week and it was clear she in no way felt her sales were low or could be improved, said nothing could be changed, and had no response when asked how she felt about the discrepancy between the requirements we gave her and what she actually did in Q1.We hired her to be our lead sales rep to oversee the new recent grads we're looking to hire in the next couple of weeks. This is obviously not a good fit. She sold herself as an independent go-getter with big ideas and incredible drive. We haven't seen a flicker of that energy that we loved.We were going to wait a couple of weeks before letting her go, but ever since our meeting, she has "checked out", taking long lunches, getting in a little late, making only 1 or 2 calls a day, etc. We're a small business and can't afford to pay her $1,000+/wk when our automated google ads brought in more sales than she does. I also feel strongly that if she were given a "notice" of 1-2 weeks she would not work at all and might delete account information (based on comments she's made about her previous employer and her feelings towards them).Can I legally fire her on the spot this week? Or do I need more documentation? It's sales, so having the minimum $ amount and seeing her performance would be enough (I'd hope!).Please help!
My name is***** issue I'm having is getting bullied
Hi. My name is***** issue I'm having is getting bullied from management. This has been going on for almost 8 months now. The management at the facility where I work are asking me to sign papers which include complaints about my performance on the job. None of which are true. But I fear losing my job if I don't comply. Usually my response to the complaints are "this isn't true, it never happened". Well at any rate, I put in for a transfer to another facility, however, the management from the last facility faxed another complaint over to this location for me to sign. I have put in a 2 week notice in writing and submitted it to my new manager on March 16th. I have found a different job in a different city altogether. However, I am still being forced off the job by being intimidated by management.
I took a medical sales job with Medtronic in September. Last
I took a medical sales job with Medtronic in September. Last January Medtronic acquired a company called Covidien and the "Legacy Covidien" division hired me. So I've been employed this entire time by Medtronic but wanted to give some backstory. I've heard a rumor that all the sales reps that sell my product offering are going to be laid off in April. There are 3 reps total in my territory and Medtronic is going to keep 2 and let one go. I'm the most recent hire so it appears I'm going to be the odd man out. I'm 40 years old. Is this legal for them to do? I was hired in and never told that the division I was hired into was going to be expendable. I asked my manager about these rumors and he said he wasn't sure what was going to happen but he said "We've been waiting for a year for something to be announced." This seemed like a strange thing to say. My frustration is why didn't they tell me this in the interviews? I gave up a very high paying position to take this job and after 7 months they lay me off? What are my rights under the Older Workers Benefit Protection Act? Since I'm over 40 can I sue for discrimination? Can I take any legal action as I feel I was mislead in the interviews and gave a high paying position to take this job?
I have a volunteer position with the police department and
I have a volunteer position with the police department and actively seeking full time employment. Many volunteers have moved on into full time police officers. I ended up having to file harassment against a co worker when I refused to date him and tried to get me fired from my position because of it. I brought it to my supervisors attention and was told that if I filed an EEOC it wouldn't end well for me and that it would make her program look bad. She tried to mark it as a negative in my personnel file which ultimately I decided to file the EEOC claim against the co worker. I was basically suspend for 6 months while there was an open investigation into him but he was allowed to return to work. I was told I could return once a decision was made if there would be any restrictions. The case just closed with me being able to return to my position without accomadations. When I tried to return I was told by my direct supervisor that now the case is close she can now terminate me. I went against her direct orders when she told me that not to file an EEOC claim against the officer. I am on their staff roster. Have to do training. And basically went through same background as a regular officer I just don't get paid for it.Do I have an grounds for against the termination and screwing up my chances of gaining full time employment.
I have been teaching Special Education years on LongView more employment law questions
I have been teaching Special Education for 30 years on Long Island . 18 years in the public sector. My chairperson does not like me. We used to be friends. She gave me a schedule to teach common core Algebra this year knowing I'm not a math teacher. I bought the curriculum and ALL 40 workbooks. Plus starred an expensive behavior mod. Our population are poor minorities.I plan on suing her when I retire. Retirement is planned for Fall of 2018. I forgot to mention I suffered a stroke in 2014 and was out half the year. So my chairperson gave me a grueling schedule and the worst subject. What can I do to prepare for my exit. One student told me I can't teach today. I know he heard this from someone.