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Recent Grounds for Termination questions

I was on administrative leave for the last couple of days. I

I was on administrative leave for the last couple of days. I was informed to go to HR in the morning. Should I expect bad news?JA: Have you documented this or discussed it with HR?Customer: Yes, on MondayJA: Is the employment agreement "at will," union, full time or part time?Customer: it's a hospital in nevada, so I guess at will full time employmentJA: Anything else you want the lawyer to know before I connect you?Customer: I was at work at I became ill. Then alot of the work didn't get done. So they are accusing me of cheating the hospital. This is the first time something like this happened to me.

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Patrick, Esq.

Doctoral Degree

19,758 satisfied customers
I'm a phlebotomist,working for LabCorp, I was placed on

I'm a phlebotomist,working for LabCorp, I was placed on administrative leave due to mislabelled specimen on a patient that I drew which was immediately discovered before the specimen go out the lab for testing. I immediately called the patient to come back to the lab for a redraw and patient came back two hours later and was drawn ( the blood drawn that day earlier with the wrong labelled was discarded). This incident was used to placed me on administrative leave with pay. I'm a good and hardworking employee. I have been with the company for a year. My recent annual job performance evaluation is above standard. Can this be use by the company to get me terminated. I feel that this is not fair to lead this incident for termination of my employment.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: San Diego CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm not sure,but we are not with unionJA: Anything else you want the lawyer to know before I connect you?Customer: I made one mistakes about 3 months ago on a urine specimen that was sent to the lab testing site on a urine transport media I wrote kelly instead of kathy on one of the transport media ( sent along with the requisition form). They said I can only make mistakes twice in a year and they can use that as ground for termination.

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John

Attorney

Doctoral Degree

9,024 satisfied customers
My sister is a nurse practitioner in new York state. She

Hi, my sister is a nurse practitioner in new York state. She resigned from her current position effective March 9, and will be starting a new position March 13th. A week ago she found out she has breast cancer and will need some aggressive treatment. She is at a loss as to what to do. Should she rescind her resignation to keep disability ?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: New York StateJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: My sister also has lupus and fibromyalgia and is looking at going on disability; however, doesn't know how that will work as she is ending one job and going to another.

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RobertJDFL

Attorney

Juris Doctorate

14,342 satisfied customers
Previous Pest Control employer in California sent me a Cease

Previous Pest Control employer in California sent me a Cease and Desist letter alleging that I took employees with me illegally and targeted their customer base as well as have ownership of their location listings through google.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: At Will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, I rent the physical locations they are claiming I posses the listings to, when they canceled I contacted the leasing offices and acquired them. When I had the paperwork finalized I contacted Google provided my paperwork and claimed ownership of the said listings

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,354 satisfied customers
How can I terminate employees without them collecting

Hello how can I terminate employees without them collecting unemployment or getting revenge

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Ray

Lawyer

Doctoral Degree

41,468 satisfied customers
The employee didn't show or call after a holiday. we are

The employee didn't show or call after a long holiday. we are located in Florida... The employee show the day after, saying they were sorry, didn't have a way to call her cell phone was disconnected? She has done this before, and her mother show up on her behalf saying she as sick at home and again her phone had dropped on water and it was on a rice bag. She agree that she does not want to work her body is here her mind is somewhere else.. She told a co worker that she was out because she was looking for another job, completely story she told me. She agree to turn her notice of resignation and help us train someone 'else. That was 2 days ago, yesterday upon her seeing someone here for the interview, she changed her mind saying that she will not turn her letter of resignation, that she feels that we want to fire here. I like to know if we can dismissed her on what grounds, now that she has also said that she found out that she was pregnant and that she will be missing a lot of days for doctors visit. She is the receptionist of the office.

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Loren

Juris Doctor

42,454 satisfied customers
Recently my principal called me into her office and asked

Recently my principal called me into her office and asked the literacy coach to join. She closed the doorThe principal asked me what personal problems I had been having at home. I said that I've been an educator for 18 years and through the good and bad I've always known I've wanted to teach. I had a tear in my eye. She eased upApparently, a parent wrote a letter about me, "A petition" grieving that I don't check homework, I'm disorganized and I told the students that if they don't want to be in my class they can go to another. The principal would not read or give me the note in full. There was a significant amount though. I still don't know how manyIn some ways I'm not surprised as I've had parents complaining to me all year. And I've done the best I could to appease them. Frankly, I was afraid of them.On the schools end, I had little support. I was a 4th and 5th grade teacher, not second. I had never taught it. And selected it as my third choice. I could have grieved but didn't want to be a problem.The teachers on grade are known through the building to be difficult. They did not and would not share what they do. I was placed on the 4 th floor while the rest of the second grade was on the third floor. I had a.very small class library which I did point out to the literacy coach who did nothing about it. My smartboard has been broken for months, The principal choose to give ten chrome books to the special ed teacher who already had ten iPads. She said she would order some for me. They never came. I didn't receive enough math workbooks (all the other classes were given enough) so I had to photocopy - this was one cause for concern for the parents. The UFT rep can't stand me and the principal knows that and is close with her.The principal made it clear that I was the weak link on the gradeThis is this principals second year in the school.About three years ago I had a problem with the prior principal who harassed me, (I said something to the AP and I should have kept my mouth shut). This principal changed emails and set up a corporal punishment investigation over a rock. The principal sent me for a mandated physical and i purposefully failed the psychological exam because I knew everyday I was in the school I was at riskI returned to school when the old principal left. So my current principal told me about the corporal punishment charges that were filed by my prior principal. and said she would have to complete the investigation. After reading the report she said she would help me. And believed me to be of no fault. She gave me the choice of a UFT rep in which case everyone in the building would hear - so opted out and followed her advice She asked me two questionsDo you recall this date- yes I said. Do you recall an incident with a rock? I don't recall. I saidThe findings were that they couldn't believe it had gone so far. My consequence, was a verbal reprimand and nothing in my file. She did not verbally reprimand me. The charges were droppedNow I have some concerns-I want to know if the investigation that was opened is for public knowledge? I live in NYWas the statement that I made to the class " if you don't like it here, go to another class" I did say something like that - I was feeling parent pressure. And it was a stupid thing to say Can this be considered corporeal punishment?The principal suggested I take a leave for a few months. I'm going to do thatThe principal asked for a hug a short time after our meeting endedThis principal has a cruel side. What could she do to me? Could she be waivering due to the lack of supports she provided?Lastly- It is my understanding to file any type of harassment charge against my prior principal, I would have to prove that I was harrasssed for age, race...... this is correct?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,354 satisfied customers
I need an help about an work offer. Liquidated Damages. In

I need an help about an work offer. Liquidated Damages. In the event this Agreement is terminated by Employee before the conclusion of the Term, or in the event that the Company terminates the Employee pursuant to Section 10(d)(iii) of this Agreement, the Employee shall be required to pay the Company, as liquidated damages, and not as a penalty, a pro-rata share of $18,000.00, or a $16.44/per-day payment, through the end of the Term.

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Patrick, Esq.

Doctoral Degree

19,758 satisfied customers
I need to speak with an HR attorney. Here's the deal. I

I need to speak with an HR attorney. Here's the deal. I operate a small company. I hired my fiancé to work with us. On a personal level, our relationship is not going too well. She has no-called no-showed one time, and today she has no-called no-showed again. I need to treat her like any other employee, and it is time to let her go. I am afraid she is going to go scorched earth and muddle things up by attempting to make the separation from work a problem and trying to drag me down with her. How should I handle the counseling, write-ups and termination? I am the VP, and I operate the company, top to bottom. But, I do have someone I answer to.

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Infolawyer

Attorney

Juris Doctor.

41,374 satisfied customers
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