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Recent Grounds for Termination questions

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

40,242 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

112,778 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

18,934 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.

39,146 satisfied customers
We have two employees engaged in a heated discussion on our

We have two employees engaged in a heated discussion on our Facebook page. There is harsh language and accusations of misconduct. Neither is alleging anything against us specifically. What actions are we able to take? Can we discipline the employees?

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Ray

Lawyer

Doctoral Degree

39,030 satisfied customers
If I use my company PC on a break to send an email from my

Hi there - If I use my company PC on a break to send an email from my Gmail account and update an Excel spreadsheet is that grounds for termination?

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Loren

Juris Doctor

40,242 satisfied customers
I have an employee Class A Driver whom has been employed for

I have an employee Class A Driver whom has been employed for 9 years, 65 years of age and has been having difficulties performing job duties and functions for the last two years. our company has always catered his work assignments to fit his abilities, however due to growth of company the ability to cater to his physical abilities is becoming difficult. he is going to be presented with a write up due to an infraction of hauling a load of Hazwaste that was not contained properly and then abandoned it in our company yard and left work stating he didn't have time to clean the truck leaving 5 personnel to finish his work. do we have grounds for termination? does he have any recourse against the company?

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RobertJDFL

Attorney

Juris Doctorate

13,404 satisfied customers
Can an employer write you up for a yelp review, Can,

Can an employer write you up for a yelp reviewJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CanJA: Is the employment agreement "at will," union, full time or part time?Customer: Fulltime no unionJA: Anything else you want the lawyer to know before I connect you?Customer: Our manager has been harassing me I been with the company for 7 years and every since this has had it out with me

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Lucy, Esq.

Juris Doctor

31,966 satisfied customers
Second opinion] - I got a job offer with Company A, which I

Second opinion] - I got a job offer with Company A, which I signed and returned to them. The offer was contingent upon my passing the subsequent background check. In that check, they found a discrepancy between the salary in my job application and the one in the W-2 forms I provided. While I explained to them that this was due to a mistake, rather than deliberate deception on my part, they have told me that they may rescind the offer, which they are technically within their rights to do. However, they told me it was not for sure and that they would be making a decision in the near future, without specifying a date.I understand that discrepancies between job applications and background documents are grounds for termination even after one has been hired. In the event that they still hire me, is there anything I can do to safeguard myself against the possibility that they decide to fire me a few months down the road claiming that they just found out? Should I request a written statement from them that they are deciding hiring me even though they were fully aware of this discrepancy as of the date of hire? I have no written record that the discussions regarding this discrepancy have taken place at all, all of it has been on the phone.

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Patrick, Esq.

Doctoral Degree

18,934 satisfied customers
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