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Recent Grounds for Termination questions

Does being an "at will" employment state have any bearing on

Does being an "at will" employment state have any bearing on ADA issues?I've recently given my manager a letter from my Therapist detailing diagnosis of Attention Deficit and Adjustment Disorder/Depression.I think one or both of these constitute ADA protected scenarios.I don't really know for sure how this might change how I can be treated by my company/manager.I am in the final 2 weeks of a corrective action period which was brought due to factors possibly related to the mentioned diagnosis.Hoping that things go smoothly although I feel like they are making it hard for me to pass through this period.

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Loren

Juris Doctor

44,772 satisfied customers
In Pennsylvania can a employer discipline an employee using

In Pennsylvania can a employer discipline an employee using only video surveillance (non criminal offenses)JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PennsylvaniaJA: Has anything been filed or reported?Customer: Not that I'm aware ofJA: Anything else you want the lawyer to know before I connect you?Customer: I'm a member of a union trying to find information if a supervisor can discipline solely on what they see on a camera

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RobertJDFL

Attorney

Juris Doctorate

14,982 satisfied customers
I'm a new manager at a hospitality business. One employee

Hi. I'm a new manager at a hospitality business. One employee has failed to show up to work or call in many times. This week twice in a row. She signed an at will work statement. When asked about this she claims another person has created a hostile work environment and has threatened her personally (they are close friends). AND now she's also pregnant. She refuses to work with the dependable employee. If fired for no show can she cause legal problems with pregnancy or I filed harassment charge which was brought up in retaliation?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Has anything been filed or reported?Customer: Just happened this morning. We have a log of missed daysJA: Anything else you want the lawyer to know before I connect you?Customer: Not that I know of. Thank you

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Loren

Juris Doctor

44,772 satisfied customers
I was hired by a company and was told they do background

Hi, I was hired by a company and was told they do background checks before you are considered told the truth on my application got hired worked for two months and terminated on the information i provided because the Fbi background came back with same information i provided is this legal, because i asked before i quit my job of fifteen years because i was told i was fine and that i passed the background check.

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Loren

Juris Doctor

44,772 satisfied customers
I am a teacher in NY employed in the same school district

I am a teacher in NY employed in the same school district for 22 years. I was arrested twice in November due to a domestic violence situation and charged with criminal mischief and violating a protective order. I have not been convicted. I have been accepted into a diversionary program and the charges will be dismissed.I have a diagnosis of bi-polar that is under control with medication and therapy. I have never disclosed my condition to my employer.4 years ago I had an unprofessional argument with the principal that resulted from a personality conflict and, in my opinion,months of mild harassment and bullying, along with completely ignoring me. She began a ongoing discussion with me - a topic I had reported to the union and thought was resolved. It was the last straw and I completely lost my composure with her. As a result of this brief "outburst" she thought I was drunk or high and called a crisis counselor, who removed me from the building, drove me to a local hospital for a drug urine test (negative), then told me to lay low for a few days. I was required to submit to psychiatric evaluation to return to work and was requested to sign medical release forms for my own doctors. At this point my employer became aware of my diagnosis.I was fortunate to find another position within the same school district for the following year and no longer work with this principal.The superintendent was notified of my arrest (by whom I'm not sure). He had copies of the police blotter that he said was sent to him. I was asked to meet with him. He removed me from the classroom saying I "could not be around children" and I was assigned to a central office department where I have been since.I am 59 years old and decided this would be a great time to retire so I submitted my retirement papers.Three weeks ago I was requested to submit to a fitness for duty evaluation. Based on my personnel file, that includes a 4 page memo documenting my 5 minute "outburst" with my previous principal, a January email to the superintendent from a woman in the Human Resources Department who said I was irritable during a conversation with her, and a discussion with my psychiatrist, the district psychiatrist recommended I was unfit for duty. He stated that since I was still "irritable", I needed to demonstrate 6 months of stability, submit monthly statements from my psychiatrist and weekly statements from a therapist to HR and be reevaluated for fitness of duty in August to return to the classroom in September.At the follow up to this evaluation today with the superintendent he again told me I "could not be around children" which I must say is breaking my heart - l love my job.He asked me if I still intended to retire (I can revoke my retirement request) I said yes.He then told me for the remainder of the year I was to submit statements in May and June from my psychiatrist and a therapist stating I was attending sessions as recommended by the district, m.d. and then I "will happily retire".Am I "unfit to be around children" because of my diagnosis or because of the arrest? I am assuming it is the arrest because for the past 4 years since the district has been aware of my disability I have remained employed without any problem.Why was I requested to submit to a fitness of duty eval if I planned on retiring in June. Was this in case I revoked my request?If I'm unfit for duty (teaching) would I have remained assigned to a central office position indefinitely?Is a domestic violence arrest grounds for removal from my teaching position since it had nothing to do with my performance at work? (Details of the arrests: I unintentionally broke the glass top of a table during an argument with my spouse by slamming my glass of water down on the table and the police were called. A protective order was issued against me and I foolishly returned to the house to retrieve my dog. My spouse called the police again.)Is bipolar disorder grounds for termination since this seemed to be the focus of the doctor's report. He referred to my arrests as a "behavior problem", and stated I had a history of "some violence", I am assuming he was referring to the broken table. I am not a violent person. He stated "irritablity" is a symtom of bipolar and since an HR person reported I was "irritable" that my condition was not fully under control. He attributed my argument with my previous principle as an indication of 'Lack of impulse control" (another symptom of bipolar). He suggested that her fear that I was drunk was notable as alcohol abuse is a complication of bipolar disorder.The entire focus of the report was my mental health issue and had nothing to do with the arrests beyond stating that I had been arrested.Is it discrimination to use my mental health disability as a basis for fitness for duty? It is a separate issue from the arrest?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,794 satisfied customers
On or about 20 March 2017, there was a patient case that my

On or about 20 March 2017, there was a patient case that my employer had a question about. I was called to my main station and my partner, who is the lesser certified in this instance, and I were questioned separately. Shortly after that I was told to go gather my personal belongings from a satellite station and report back to the main location. When I got there, someone misinterpreted a comment that I made in addition to taking portions of my comment to make it sound like I was making a threat. The police were called, my station owner and I had a conversation and he felt it was a misunderstanding. The other coworker insisted that I was making a threat and I was removed in handcuffs out of my place of employment and taken to a hospital for a medical and psychiatric evaluation, with the results being that noone at either facility understood why I was there. In the process of this, my employer sent the coworker in an unmarked car to give a report before I arrived at the hospital. I was there for 8 hours submitting to evaluations only to have the result be that there was not a reason for me to be evaluated, stated by two physicians. The next day I received a certified letter stating that due to issues I was never informed of, plus formal complaints filed against me, that I was being terminated. One of several questions is if I have any legal options available to me

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Phillips Esq.

Attorney

Juris Doctor

22,204 satisfied customers
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

20,374 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

9,466 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

14,982 satisfied customers
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