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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

40,218 satisfied customers
My son has been diagnosed of anxiety and depression. I have

My son has been diagnosed of anxiety and depression. I have had to take time off to be with him, go to appointments etc. Even though I filed fmla my employer harassed me for my absences. They Laid me off Nov 30 which is in my job description but refused me my Christmas bonus because of my unpaid absences.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Massachusetts...JA: Is the employment agreement "at will," union, full time or part time?Customer: They said they would hire me back March 6 with the stipulation of 60 Day probation where I cannot be absent or take appointments. I am collecting Unemployment. If I tell them my son still requires all his appts and ask for fmla again can they denyme?JA: Anything else you want the lawyer to know before I connect you?Customer: I believe it is at will full time. Can they sent me fmla? What happens if I go back to work and the let me go for being absent? Can I still collect Unemployment? Should I tell them I need fmla before I go back?JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: There is no down arrow.

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John

Attorney

Doctoral Degree

8,626 satisfied customers
My question is how detailed does a Doctor have to be in

My question is how detailed does a Doctor have to be in qualifying that an employee is able to return to work and do the duties of his job description. The employee was out on FMLA. JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: This is a Federal employee, that works for the Navy in Florida. JA: Has anything been filed or reported? Customer: The employee was terminated i am representing him in a MSPB hearing. JA: Anything else you want the lawyer to know before I connect you? Customer: The Navy wanted more detailed information from his Doctor, than the statement that the employee was able to return to work and capable of doing his duties.

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Patrick, Esq.

Doctoral Degree

19,336 satisfied customers
I believe I'm about to be unlawfully terminated. My company

I believe I'm about to be unlawfully terminated. My company is about to reorganize and I have evidence they will use the reorganization as a pretext to terminate me so they may hire as they claim "someone more experienced." According to my experience and the job description, I'm perfectly qualified to perform the job. I'm being blamed for a project having gone horribly wrong. Root cause and lessons learned on the project do not find me at fault whatsoever. Just had my performance appraisal today and got completely blindsided. Last year's performance review was stellar. My duties have remained the same, only thing that has changed are the project's results, which I have not been directly responsible for. Unfortunately for me, I was unwillingly assigned as the project sponsor halfway through the project when it was too late to make any significant improvement.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Is the employment agreement "at will," union, full time or part time?Customer: It's full time. I presume it's at will.JA: Anything else you want the lawyer to know before I connect you?Customer: Can't think of anything else right now

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Asad Rahman

Attorney

J.D.

4,382 satisfied customers
I worked for a company for 13 years and had" exceeds

I worked for a company for 13 years and had" exceeds expectation" reviews for at least 8 years. I worked in this department with 2 elderly gentlemen who had been with the company 30+ years and could call their own time to come into work and the company as long as the work got done. There were 4 of us in this position and I was the junior. I actually had a job description to learn all the machinery, but there was a job in the lab that no one wanted to do, so they (the older gentlemen) saddled me with doing that job and never teaching me the ropes of the lab. The job I was instructed to do was time comsuming and there was no time left in the day to work on other machinery. However, I still received good reviews the first couple of years in the lab. The older gentlemen ran the show. My boss never came to supervise us, he relied on the 2 older gentlemen to keep him informed about the lab. In one of my reviews, I was told I was not as far along as I should be. I questioned the job I was doing and said no one else was doing what I was doing and the 2 men had not been working as team members. That was my first review that was not exceeding expectations. Mind you, my boss never came into the lab to view had the lab ran, never came to see what I was doing. My partner in my office space also had his review and came to me afterwords and said I was the topic of conversation in his review. He also told me the 2 elderly gentlemen were buddies with the boss and they were keeping him informed about what they preceived were my faults. I questioned my boss about taking their word when he himself never came into the lab to see what I was doing. I also told him the 2 gentlemen pushed their responsibilities on me so they did not have to do the "dirty wprK". All they wanted to do was the machinery work. My boss said he would talk to them. Things got a little better, but the 2 gentlemen would always leave the lab if I asked questions and return a little later. My next review, I was being reprimanded by things my boss would not have known, (never came into the lab to supervise), and I questioned where he received his information. He denied the 2 gentlemen were talking to him about me. He said I needed to step up the pace and he would talk to the 2 gentlemen. My review was marked down again. The gentlemen did start teaching me some of the machinery (I did know the applications of some of the machinery, but the ones the 2 gentlemen wanted to work on were never a priority of them to teach me). No matter how I did things, it was never good enough and I was told this in my reviews. Mind you, my boss still had never observed me in the lab. On one review, my boss told me the 2 gentlemen in the lab did not respect me and I should find another job in the company. When I found out they were running to my boss everytime I was not up to their expectiatons, I remained aloof from them. They were quite social in discussing everyone's personal business and I thought that was unethical and I wanted no part, besides, I knew they did not like my by now. My last review was also not stellar, once again my boss had not been in the lab to evaluate my performance. He decided I needed to be put on an improvement plan. I was to meet every Thursday with him and a person from HR. My first meeting he told me he wanted me to tell him what I needed to improve on. I had already done everything I thought he needed me to do, so I was not quite sure how to answer. I am a tall man, so I had maintenance come and change out my chair because the 2 gentleman had told him I slump at my desk all the time. I told him I had done this and he was kinda taken back and then told me to find something else to improve on for the next Thursday. I was confused. I thought he would give me direction on where I was falling down and guide me in what I needed to do. Next Thursdsay came and he told me I never read any books to improve myself. So, I ordered books off thJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: No, I was devastated. I went in Monday, they had me sign exit papers and gave me a serverance package and had my desk packed up and said good-by.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: My boss said I was like a son and what was I going to do now. So, you recommend I see a lawyer, even though I did not fill bullying on my co-workers or my boss?JA: Anything else you want the lawyer to know before I connect you?Customer: I was a great employee until I had this boss and his friends.

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Infolawyer

Attorney

Juris Doctor.

40,166 satisfied customers
I have a thorny case. Employer wants to demote me two levels

I have a thorny case. Employer wants to demote me two levels ($10K salary drop). Exemplary performance 7 years. Up and down reviews last three years (new management). Got PIP in April 2015 (rating of "0" on a scale of 0-2); got off PIP in October and got a raise. Received second PIP (3 month) in August 2016; got another "0." Demotion goes into effect 1/15/17. Some truth to their claims (I was late to work and missed some deadlines), but claims were exaggerated, good performance not taken into account at all, some facts left out, others twisted. I was diagnosed with Obsessive-CompulsiveJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This is Maryland, and I work for a state agency (Maryland-National Capital Park and Planning Commission. I was diagnosed with Obsessive-Compulsive Disorder and Generalized Anxiety Disorder in April 2015. I hoped to work harder and NOT make a request for ADA accommodations, but finally did so on September 13, 2016. It was a big mistake to have waited, but there it is. However, the last PIP covered August 30 through November 30, and the request for accommodations was delivered September 13. So for the majority of the PIP, employers knew of disability and as of today has not even scheduled a face-to-face meeting with me, despite inquiries via email from me as to when this would take place.JA: Is the employment agreement "at will," union, full time or part time?Customer: At-will, full-time, career, exempt according to them (although I only supervised one person, and the DoL says you have to manage 2 people to be considered exempt, or so I read).JA: Anything else you want the lawyer to know before I connect you?Customer: Yes. I am appealing the demotion with the "Merit Board" of my agency, and don't know which way to go. I think I will lose on the merits of my performance alone--it's too much "he said, she said." But the fact that they are trying to force me to take a new position that they have cobbled together, with no clear job description yet, for $10K less and working for the same insane woman, and have not yet addressed the ADA request with me at all, makes me think that would be the best route to go in the appeal letter. They're saying that we'll deal with the ADA request after I sign off on the demotion; I'm saying they need to deal with the ADA request now and address specifics in whatever job I end up doing for them. They most likely would have fired me if I had not filed the ADA request.

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Infolawyer

Attorney

Juris Doctor.

40,166 satisfied customers
Would it be harassment if you worked offsite for 5 years,

Would it be harassment if you worked offsite for 5 years, have a new reporting change, that person continually tell you that you can continue to work offsite. Then ask you to work 2 days at corporate so we could work closely together on projects. I accommodated. Then ask for 3 days at corporate. I accommodated. The in August am told my job is being eliminates. There are two different new job descriptions. We offer you this role but it will be at corporate 5 days a week.JA: I'm the Employment Lawyer's Assistant. I work with them to help customers like you. Because employment law varies from place to place, can you tell me what state this is in?Customer: WisconsinJA: 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: No

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John

Attorney

Doctoral Degree

8,626 satisfied customers
If my employer puts on paper that my hours will be 32-40

If my employer puts on paper that my hours will be 32-40 hours a week, is that legally binding? Or can they still cut my hours down to 25 hours or less a week, without giving any reason for doing so, despite me asking several times?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MinnesotaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time, I think at will, since it's not union. It's a small family business.JA: Anything else you want the lawyer to know before I connect you?Customer: I'm mostly just asking out of curiosity

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John

Attorney

Doctoral Degree

8,626 satisfied customers
My position in a company I have worked for nearly 14 years

My position in a company I have worked for nearly 14 years reorganized the dept. We were allowed to interview for the "new" positions which werected basically our current role split into two jobs. All new people placed are under 40, and some do not meet basic job description. What is needed to prove age discriminationJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Fl..also have never received any job performance issues, and annual reviews have been above lever or at the highest levelJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm exempt manager, full time at will. Work from home, Corp office in Bethesda, mdJA: Anything else you want the lawyer to know before I connect you?Customer: No, we had team of 8, many in company 30 years, in position over 12. Replaced by 20-30 yrs Olds. Many we hired (job is University Recruiting) no job performance issues at ally, in fact newly created program is tripling results this year

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ScottyMacEsq

Doctoral Degree

24,022 satisfied customers
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