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I'm a nurse and have worked part time (two twelve hour
I'm a nurse and have worked part time (two twelve hour shifts per week) at a long-term care facility for the last 5+ years. My husband had a stroke on March 7, 2016, at which time I asked for an undetermined amount of time off to care for him. In communicating with the Director of Nursing (DON), I was told to take as much time off as I felt was needed. My husband died on March 29, 2016 and again I was told by the DON to take as much off as I felt I needed.When I called the DON approximately one month later to tell her that I would be ready to return to work in about two weeks or so, she said OK and to give her a call when I knew exactly what day. Approximately two weeks later, I again talked to the DON and told her that I wanted to be put on the next schedule. She said that she would tell the scheduler and I would hear from that person when she was working on the next schedule. Three weeks went by and I called and talked to the scheduler. She said she would do what she can. When I didn't hear from her for a week, I called to talk to her and was told that she was busy and couldn't be found. I was talking to the PR person who said that I am not on the schedule and that's all she knows.Last Monday I went to the facility to visit a resident and was approached by the new DON. He apologized for the way my situation had been handled and told me that I no longer have a job at that facility. I was being let go because they didn't need me anymore and that I was re-hireable, so if I wanted to apply for another position there would be no problem with being interviewed.In reading the employee handbook, I see that I am entitled to bereavement pay, which has not been paid or offered to me as of this time. There are several other issues that might need to be addressed, also.I would like to know if I have any recourse in this situation. I don't want my job back, but would like some compensation for the way I have been treated (ignored). I had planned on retiring in the next two years from that facility.More than anything else, I am saddened, upset and distraught with the disrespect and lack of compassion for me while I'm grieving the loss of my husband.Please advise!
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I have a question that I'm hoping you can help me with. I
I have a question that I'm hoping you can help me with. I feel i was unfairly fired from my receptionist position at a dermatology/plastic surgeons' office. I was hired May 4, 2015. I only missed a couple of days of work, usual because i would go in sick and they would send me home. Anyhow, i ended up in the emergency room the first Monday of August 2015. For some reason my oxygen levels had fallen from the 90th% to 70th%. I was admitted into the hospital and ended up leaving wearing oxygen 24/7. I had kept inn touch with my boss, the office manager the entire time. on Wednesday of that week i was cleared to return to work as long as I wore oxygen. I explained this to my boss and she told me to take the rest of the week off and just get better. On Friday of the first week of August, i called her to talk to get about returning to work since i needed a doctor's note since i missed more than 3 days. I told her i had my doctors note and that i could come in on Monday. She told me to not worry about it and call her after my follow up appt with my pulmonologist which was scheduled for i think Tuesday of the next week. Again, boo change in my health so i was told i had to continue wearing the oxygen until they figured out what combination of medications would help me breathe normally again. She also gave me another note reiterating the fact i wad perfectly capable of returning to work as long as i wore oxygen. So i told all this to my boss, again She told me to stay home that week and call her the following Monday. I did what i was told, but the medications weren't helping. To this day I'm wearing oxygen while I'm up moving around but if I'm sitting down like i would have been at my desk job, i could breathe just fine on room air. My boss called me on August 21, 2015 and told me i could come back starting on August 24th. Well the problem with that was i got married on August 23, 2015 and we had already paid for our honeymoon which went from August 24th to August 29th. My boss was fully aware of this. I had already been approved for vacation time that week. In fact during my first interview i told them of my upcoming wedding. In fact i invited closer to 20 people from the office to go, my boss included. She told me if i skipped my honeymoon i could keep my job, otherwise i wad going to be fired for not being available enough to work. I argued with her saying i had several doctors notes all saying that at off the first Wednesday in August i could return to work and that it was she herself keeping me from coming back. Needless to say, i was fired 2 days before our wedding!!! I feel they were discriminating towards me because of my oxygen. It was drilled into our heads that working for the front desk we were the face of the clinic. N fact, all of the employees were given hundreds of dollars worth of skin care products to take care of any flaws that they could see! The products are awesome but i felt it was wrong that we had to look a certain way to work there. I told my boss if it was because of the oxygen she could take me off of the front desk duties and move me to the back office to answer the phones and schedule appts for patients calling in, return phone calls, take messages for the doctors, etc. I would never have been seen. She still wouldn't allow it. I've tried contacting the Americans with disabilities people and they never return any of my phone calls or emails. But i feel they owe me a settlement of some type since i have yet to find a new job. I'm always told i do not have enough experience but i honestly feel that when they see me wearing oxygen they think I'm a sickly type of person and they want to hire someone who is dependable. Is there anything i can do? Can i get a cash settlement out of them? I was making $14/hr and my husband and i are struggling hard to keep our bills paid. And to add more issues to the matter of money, my husband had a heart attack in April of 2016 and has been on temporary disability ever since. And now wet have a ton of medical bills piling up because of the lack of income. Yet we've tried to get public assistance and we don't qualify!?! Makes no sense to me. Please l let me know if i have a case or not. If i do, how do i go about getting help to fight the company, it's a nationwide network so they make tons of money annually. For obvious reasons i cannot afford an attorney to sue them, so what should i do? Sincerely,Becki S****
Simple situation: I manage Team A in my company. Individuals
Simple situation: I manage Team A in my company. Individuals from a lower-ranked team, Team B, are able to interview and try to get a better position in Team A.For my Team A interviews, I ask that any Team B member *must* have a working website based on our company's service offerings.In order to build this website, I've asked that Team B members DO NOT USE company time or work time to do this.Question: Is this legal? In other words, can I require that members from the other team spend time OUTSIDE of work to complete this project before they interview with my team? I think it sounds reasonable as I'm not forcing them to do something for the company outside of their clocked times. I'm just requiring that a certain project is completed IF THEY CHOOSE to interview for a position in my team.I can clarify if this is confusing!
My son has several felonies. He has turned s life around.
My son has several felonies. He has turned his life around. Had a good job He is always trying to improve himself so he applied for a new job. He made sure to tell them he didn't have the best criminal record. After an Interview the HR person called and said he was hired and asked what he wanted to do about his present job. He said he wanted to work out his 2 week notice. He was finishing up his old job on a Friday. He called the Thursday before to make sure everything was still a go for Monday to start his new job. They said it's all good.He went in Monday and they said someone "forgot" to put him on the schedule. Go home and someone would contact him. They called Tuesday and said he would start that Friday. (Now he's out of 4 days pay but ok. He's happy he's getting to start). They called back Wednesday and said they weren't going to hire him after all because of his criminal record. Now he is out of a job. Is this legal? He can't even apply for unemployment because technically he quit his other job! The poor kid is trying to get his past behind him and make a good living and support his infant son and finance. (Luckily she has a good job). Please advise us on if and who we should contact concerning this matter. Thank you LouAnn***@******.***.
An employee gave notice he is resigning and would like to
An employee gave notice he is resigning and would like to leave the company July 1. The company wants him to leave sooner, ASAP.How should we terminate the relationship and document it appropriately? Should we do a Separation and Release Agreement (with severance) or is it not necessary and we can just tell him he needs to leave sooner? We are not that concerned about him suing for any reason down the road; we are just wondering how to end it sooner and make sure all the loops have been closed. Thanks.
Counselor at Law
I returned from a vacation to find out while I was away my
I returned from a vacation to find out while I was away my direct supervisor started an investigation in my store, interviewed all my managerment team and I was told that the investigation will be complete next week and I am not to disuse anything with my team or I will be harassing them and terminated, I can not work while the investigation is taking place should I request an administrative leave.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I have had on going disagreements with my direct supervisor in regards ***** ***** schedule for the past year and believe this is what she's targeting, I also dont believe she should be conducting the investigation because she will not be fairJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Counselor at Law
I have been receiving unemployment in Texas. I started a job
I have been receiving unemployment in Texas. I started a job last Wednesday, and it is horrible. Does Texas have a 30-day period where you can basically try to see if a job works out but still go back to claiming your original unemployment? The job I started is not providing me on the job training for my position. They also told me I was hired to be a medical assistant/scheduler, but the people in the office told me I was just to answer phones and take messages Is there any way to go back and still claim my unemployment from my original job?
I was accused of harassment by an ex employee. She wasView more employment law questions
I was accused of sexual harassment by an ex employee. She was seasonal help her last day of employment was jan30 2016. She had to reapply for the seasonal job interviews were on Feb 23-2016. She was not chosen my bosses happened to chose my EX girlfriend. On that date. The other girl catz had been undependable and trouble maker she was not going to be re hired. My ex was felt to be the best applicant. She was told on friday june 10 2016 that they liked our work and she was going to hopefully get to also atay full time. Monday the 13th i was asked to resign because of a text thst was mistakenly sent to catz and was supposed to go to cathy. It was a sexual text ON FEB 27 2016. NOT MEANT AT ALL FOR CATZ and she knew it accepted my apology and ONLY AFTER dhe eas not hired did ahe retaliate and has now cost me my whole life. I know we can win this PLEASE HELP. My employers are sick over this