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Recent employment law questions

I worked as a 6 figure salaried IT Professional. I developed

I worked as a 6 figure salaried IT Professional. I developed health problems. My Dr wrote letters to my Employer - a Department of Defense Government Contractor for the Navy - my Dr told my employer I was having health problems he was concerned about and requested I not work more than 40 hours. 3 months later, my Health problems hit me hard. My Dr wrote letters to my employer that I was to take time off. I was eventually paid 4 weeks of Short Term Disability. Although I tried to go back to work on a part time basis, my health problems prevented me from even accomplishing that. My last partial paycheck was received in mid Dec 2013. I was later hospitalized and over 2+ years went through 7+ surgeries to address my Health / Medical problems. I communicated with my HR Medical Leave rep, but I never received my Disability benefits. After several months, my HR rep told me they understood I was on medical leave, but the Insurance company (Prudential) was denying my Disability Claims. I purchased my benefits from the HR department. I paid additional money for additioan (+10% more) disability - if I did have a problem. I was not paid until I filed a suit agaisnst Prudential and after 15 months I did get a "partial" settlement. I feel that my benefits were not honored. I am struggling, have not worked since early Dec 2013. My employer never honored my benefits that they sold me - but they continued to charge me FULL PRIOCE for My Disability (50% of LTD was part of my Salaried Benefits, I paid additional for +10% Disability benefit). My life has been financially destroyed and my employer - a large DOD company, never notified me, but did terminated me as I was switched to the COBRA Plan --- I have a well documented case. My rights were violated, My life destroyed, I live in poverty when I should have $58K per year until I'm 65. I'm 58 years old, trying to recover and overcome my health problems. ALL my efforts to get my Social Security Disability has also been denied - and so I want to pursue legal action against my Employer - which lists me as Disabled - unpaid. What can I do? I have suffered and been disgraced over criminal action for not paying Child Support and on and on - all because I did NOT GET MY DISABILITY BENEFITS that I was SOLD by the employer HR department once I was hired. YES - my employer DID KNOW OF MY HEALTH ISSUES - I provided a 5 year full medical history and they required a full health / medical / physical exam by their own on-site medical facility! What Can I do??

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Infolawyer

Attorney

Juris Doctor.

 
36,612 satisfied customers
I know you cannot get punitive damages ADA claim, but I am

Hi -I know you cannot get punitive damages for an ADA claim, but I am not sure about a failure to accommodate claim under the ADA. Per the statute they were available they were available, but I don't have a legal search engine and I haven't found anything through a Google search that specifically speaks to any courts findings in this regard. Are you familiar with cases where punitive damages have been awarded? How generous (or not generous) are the awards?Also, the EEOC has settled two claims with the employer in the last year wherein a consent decree was entered in federal court. One aspect of the first settlement was that the employer have a job coaching policy for the intellectually disabled. In another settlement, the employer was enjoined from failing to provide a reasonable accommodation. Are there penalties the EEOC can assess against an employer for failure to abide by the settlement terms? I don't think so, but I want your opinion. Who would get the money if penalties can be assessed?

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Dwayne B.

Juris Doctor

 
33,952 satisfied customers
A friend of mine is a resident apartment manager who

A friend of mine is a resident apartment manager who receives no compensation other than free rent. His duties include repair and maintenance of the apartment interiors, move-out cleaning and painting, rent collection, some exterior cleaning (garage and trash area). Lately the building owner has required him to do extensive exterior painting which was not part of the original agreement, and refuses to pay him for the additional work. He objected, and now the owner is demanding that he pay $800 a month rent. He had been working as casual laborer to earn money for living expenses, but is no longer able to do so because of the increased work load in the apartment building.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: California. He is a spanish-speaking citizen.JA: Have you talked to a lawyer yet?Customer: No, he doesn't know where to go for help. He is not knowledgable about CA labor law and his rights.JA: Anything else you think the lawyer should know?Customer: Tomorrow he is bringing me a copy of his contract. There may be other issues but I won't know until I see it.JA: 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.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
A friend of mine is a resident apartment manager who

A friend of mine is a resident apartment manager who receives no compensation other than free rent. His duties include repair and maintenance of the apartment interiors, move-out cleaning and painting, rent collection, some exterior cleaning (garage and trash area). Lately the building owner has required him to do extensive exterior painting which was not part of the original agreement, and refuses to pay him for the additional work. He objected, and now the owner is demanding that he pay $800 a month rent. He had been working as casual laborer to earn money for living expenses, but is no longer able to do so because of the increased work load in the apartment building.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: California. He is a spanish-speaking citizen.JA: Have you talked to a lawyer yet?Customer: No, he doesn't know where to go for help. He is not knowledgable about CA labor law and his rights.JA: Anything else you think the lawyer should know?Customer: Tomorrow he is bringing me a copy of his contract. There may be other issues but I won't know until I see it.JA: 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.

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Christopher B, Esq.

Attorney

Juris Doctor

 
4,782 satisfied customers
I need to know if there is something can be done . I work in

I need to know if there is something can be done for me. I work in the school district in inclusion special education. There was two teachers and an assistant teacher. Now the teacher worked with us was suppose to be my best friend and she was going to retire this year and wanted me to retire with her, but I did not want to retire and things begin to get ugly for me and the assistant. This woman came to school with real hell in her everyday,such ugly language in front of the students. She would cry everyday you trying to get my job and you making the students hate me. So she went to the principal with this and he called me into his office and said I think it would be in best interest for me to transfer you down the hill to the middle school so I can see what and who is causing the problems in the classroom. I am going to keep the room monitored everyday with her and the assistant.

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Roger

Litigation Attorney

Doctoral Degree

 
32,838 satisfied customers
I work in state, my employers are in Utah, and we have a

I work in Washington state, my employers are in Utah, and we have a business license to run our branch in Washington. My office is being cut from the company I've worked for for a while. And my team members are being told they are being given severance. No paperwork, just a final paycheck direct from company. The question is that without that paperwork, my employers are thinking that the employees are still required to give them some work within reason during the amount of time for the lump sum they are receiving, is this something they can demand without a contract asking for reasonable assistance?

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
We have an employee who negligently installed the incorrect

We have an employee who negligently installed the incorrect material on a job in NC. Can we legally: 1)withhold hourly pay for the time needed to correct the mistake 2) require the employee to pay for the cost of the material needed to correct their oversight? Thanks

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Infolawyer

Attorney

Juris Doctor.

 
36,612 satisfied customers
I live in California and have been working current employer

I live in California and have been working for my current employer for over two years. I am a Registered Dental Assistant and I have to say that my working environment has been toxic from the beginning. I currently have a contract with my employer which states how my quarterly bonuses are to be calculated. Usually, every quarter, I have to fight with my employer to get the bonus he has promised. For 2016's first quarter, ending April 30th, I have yet to receive my last bonus and my employer has decided to change the formula retroactively and is trying to pay me a different amount (although I haven't received it yet). I have also never had a lunch break in the entire time that I have been working in this dental office and it is becoming physically and emotionally exhausting to fight for my money every quarter. I have written my employer several emails, letting him know of my dissatisfaction with not being paid my promised amount and have asked him to confirm when I would be receiving my monies. He does not respond. He has also "cashed" in some of my vacation hours (without notice to me) because I never use my vacation leave and I was told my hours were becoming a liability. The last thing I want to do is go to the Labor Board because I am afraid of retaliation and it is not the best idea to have to look for another job, as I have a mortgage to take care of. Is the Labor Board the best route for me to take? I have had to take two sick days off in the last three weeks because I physically could not face the day at work.

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164 satisfied customers
Would someone who has worked years with a company be

Hello,Would someone who has worked for 24 years with a company be entitled to some sort of severance pay or benefits, if they have to resign from that employment, due to undue stress caused from that particular job? Also, the employee does not reside in the same State as the Employer. Which employment/labor law would apply, in that case?Thank you

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
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