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Recent Leave Without Pay questions

I am a federal employee of the VA for the last 8 yrs, a

I am a federal employee of the VA for the last 8 yrs, a physician. I have had to be out due to illness more than I or they would like, which has included about 35 leave without pay days, that they approved. I received a work certificate that said I needed to have doctor's notes when out sick, which I have done. My bosses never discussed it with me and I never was reprimanded. Now I am informed they are trying to terminate me without the due process that VA employees usually get. I am unsure if I should use the union or a lawyer. The union guy keeps telling me just to relax and that he will tell me when to get a lawyer (which he finally admitted would be after I was fired and he would just tell me to quit then anyway so a termination is not on my record!) The union person seems passionate, and acts as if he is buddies with the director who "knows what is going on," but he still tells me I have a 50% chance of being fired!!!! He has not really counciled me as to the next steps, such as he finally told me I would have to give an oral response to the director, which I was unaware of, but is not telling me how to do it. I consulted a lawyer who seems to have worked with the VA before but she is expensive, and doesn;'t seem to know the system of my VA as well as the union guy does. Unsure what to do- union or lawyer. Anyone with specific VA or federal experience I could really use your advice about this, and about what to do in general. Thanks.

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P. Simmons

Attorney

Doctoral Degree

35,240 satisfied customers
I have a retail store in Texas. I have an employee that has

Hello Pearl. I have a retail store in Texas. I have an employee that has worked in our company for 2 years. She is paid on an hourly basis. she is considered full time and works overtime from time to time.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: Hello PearlJA: Anything else you think the lawyer should know?Customer: no not yetJA: 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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ScottyMacEsq

Doctoral Degree

22,538 satisfied customers
I was placed on administrative leave today without pay with

Hello, I was placed on administrative leave today without pay with an appointment to HR next week to see if they will keep me unemployment or put me on some type of administrative action.I received no written paperwork of what I did wrong. In fact, I am in a six-month introductory period where I am in month five. Last week was my first check in with my boss since several months. She was very rude with me and basically said I was being trained by a person in a lower position than myself and a concern that I had earlier in the beginning of my employment of not having a preceptor was unfounded and she said that I would not have a preceptor and they would probably never have a preceptor in the unit. Today when I received my administrative leave letter from her and HR she said in front of him that they had concerns that my knowledge in the EMR (what we do here)was not up to par. I was shocked, and I went home.And I have several questions that I sent to HR and wanted to get your thoughts. I asked HR what type of evaluation did they use to evaluate my lack of EMR knowledge. I also asked why I was put on administrative leave without pay and not having any type of written reasons or anything leading up to this since I was not checked in with for several months. The administrative paperwork says I may have broken a policy, I believe today HR was saying it was about my six-month introductory period. I also asked them that if my lack of knowledge in the EMR was so lacking then why was I able and allowed to train a superuser class the week before, create curriculums and basically work independently like my peers? I let them know that my first two months of check and my supervisor had said everything was fine. I also reminded them that my immediate supervisor had just returned this week from having been gone the whole month. So again I asked what does that hospital do for evaluations? Am I being valuated like everyone is evaluated?I also asked HR that if they have a policy of being put on administrative leave for management personal reasons. Although I don't have proof I feel this is a personal reason and not a skilled reason. Especially since there's no paperwork or even evaluations for my skills. Is there anything I can do about this? I most likely do not want to work here anymore since this happened however I don't want to be pushed around either.I am in several protected classes(female, Hispanic, gay) and this is an at will employment employer. As far as I know there has been no complaints about me.

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Asad Rahman

Attorney

J.D.

2,832 satisfied customers
I work Verans Affairs Dept. I have worked there yrs. I am

I work for the Verans Affairs Dept. I have worked there for 30 yrs. I am the lead technician in the Pharmacy Dept. theJA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?Customer: No. I am trying to apply for Job related stress under FMLA.JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I am overwhelmed doing work that is not in me position description. I have anxiety, depression and high blood pressure. I am on medication for all. There are days where I feel so overwhelmed I have to get out of there. Some days, I can not make myself go to work and use sick leave. I have 400 hrs of sick leave. I have also, seen a EAP counselor to help.JA: Is there anything else the Employment Lawyer should be aware of?Customer: I will be retiring in May of next year. I just don't want a hassle from work regarding FMLA. No, I am not trying to abuse the system.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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Infolawyer

Attorney

Juris Doctor.

37,352 satisfied customers
Question about nepotism, I am a supervisor, My Girlfriend was

Question about nepotism, I am a supervisor, My Girlfriend was hired at my place of work, I was her supervisor, My boss, the DIr. P. Plant, knew this before she was hired. She was hired in 2009, in 2012 due to a complaint from another employee we were called into human resources office with a New Dir. Of P. PLant, the VP and the Human resources officer, we were told that due to nepotism we have to be separated and she was moved to other campus were I was not the supervisor, when the complaining employee quit , the DIr P. Plant Put me and my girlfriend working back together again, My girlfriend as found a new job now, She recently had surgery and wasn't able to drive, I took off work and filled out a sick leave form for family, Human resource officer told me since we are not married i have to take leave without pay, I reminded her and the new VP about what happened in 2012 and nepotism and asked which is it? was it nepotism or not if it was nepotism then I can take family sick leave, she still said no it's not nepotism, what can I do?

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Patrick, Esq.

Doctoral Degree

17,466 satisfied customers
I was involved in a situation where a female team member

I was involved in a situation where a female team member said I grabbed her arm. I was brought before our HR dept I told them I didn't and they told me that they had a witness. The very next day I was allowed to interact with this same female team member as if nothing had happened. Today the same occurred a few hours later I was agin brought back into HR and given a Decision making leave without pay. I was told that I when I'm allowed to return that I must present a document detailing my commitment and what countermeasures I'm going to implement to prevent this from occurring again. Then at that time they review the document and if they determine it shows that I understand and take ownership of the situation and if the countermeasures are sufficient I will be allowed to return to work. I have an issues with a few things, one the letter is stating that I aggressively reached out and grabbed this person to turn them back around. This was not the case and if it was, why would the company allow us to remain in the same work area without any supervision, as I stated I had interactions with this person and they in way indicated that they were uncomfortable with my presence. I have trouble having with the way everything was handled, can you please offer some advise on how I should continue in this situation, thank you.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
I am a permanent employee state of Louisiana...I have been

I am a permanent employee for the state of Louisiana...I have been on intermittent FMLA since March 4,th 2015...I have exhausted my fmla time and had to call in sick Feb.27th and 28th,2016...I only have 5.50 hours of sick time left and now I'm being told I can be non-disiplinary removed from my job.What recourses do I have if any?This is a state civil service job...

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
I am 58 yrs old and on LTD with my employer since 05/01/2014

I am 58 yrs old and on LTD with my employer since 05/01/2014 for breast cancer and the lasting effects of chemotherapy. I have applied for SSDI, was denied at first try, and am awaiting an date go go before the Administrative Law Judge for an appeal. It may take up to 23 months to get a date according to my disability lawyer. My employer is presuring me to resign if I don't think I can return to my previous position. When asked about the possibility of another position somewhere in the healthcare system (at a lower paygrade if needed), the HR Rep didnt answer me. When asked if they could fire me, the HR Rep once again changed the subject to possible retirement and never answered the question. I work for a large Healthcare System in NY.

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Ray

Lawyer

Doctoral Degree

35,266 satisfied customers
I was put on administrative leave without pay days to

I was put on administrative leave without pay for 3 days to complete company training such as EEO, ethics, IA, company policies etc.. It took the full 3 days to complete. Is this legal for them to not compensate me for said required training? I live in Texas and am being paid a salary.

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Marsha411JD

Doctoral Degree

18,820 satisfied customers
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