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Recent Mandatory Leave questions

I am an executive level employee and yesterday I was put on

I am an executive level employee and yesterday I was put on a paid administrative leave for one week in response to a argument that was fueled by alcohol and was at a spot where all staff and board was partaking. When I asked the the board if my mandatory leave was made in a disciplinary manner or a support manner the board responded that it was to give them time to figure their best course of action out. In the meantime they sent an email to the staff stating that the board is saddened and grieved with the " Incident" that took place on friday night. Mind you there has been no breaking of rules per our staff handbook. and are aware swift but appropriate action needs to be taken to equip you with confidence that our daily operations can run smoothly while making efforts to resolve this issue as quickly as possible. They also go on to tell the staff they are aware swift but appropriate action needs to be taken to equip you with confidence that our daily operations can run smoothly while making efforts to resolve this issue as quickly as possible.Should I be worried and how communication is being handled and how it could impact my future. I have not been terminated but also have not been told if I am being disciplined. Should I seek out an employment attorney?

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
In August, I resigned from my position. I was asked not to

In August, I resigned from my position. I was asked not to tell anyone. I was finally "allowed" to tell my staff on Sept 24. That night, I received a separation agreement and was asked not to return to the office until the agreement had been negotiated. As the agreement was not favorable to me, I employed legal counsel. I signed the agreement on October 16. Between Sept 24 and Oct 16, I was first told that I would be on unpaid leave and then told that I would have to use PTO until the agreement had been finalized. I did perform some work during this time period. My last day with the organization will be 12/31/12. I have been asked what I feel I am owed with regard to payment of unused PTO. As our fiscal year ended on Sept 30, and I was "forced" to use PTO until the agreement was signed, I technically accrued no PTO. Had I not been asked to use PTO, I would've rolled 5 days over from the previous fiscal year and would've accrued 6.75 days this year. I have told my employer that because we have no personnel policies in place that address "mandatory" leave of any kind, that I would like to be compensated for 11.75 days. Is there a legal precedent for this? Was it legal to make me take PTO?

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,550 satisfied customers
I work for a nonprofit company with less than 50 employees.

I work for a nonprofit company with less than 50 employees. they do not provide paid maternity leave and only allow for 6 weeks off. I was just informed that my responisblities will be cut when i come back from maternity leave. I am a "team lead" a "level 3" employee, I have worked my way up to this level over the 3 years I have worked there. I have receive PERFECT scores on all my reviews. and was told that my duties will...pretty much be a "level 1" employee when i return...i am in the process of arguing this with HR and the head of the department. This just doesn't seem right to me. there is NOTHING in my file giving reason that i should be "demoted" however my pay will not be lowered as i have been told. Now i was told because of the size of our company..rules are different..i am very confused and don't want to feel cheated. The other thing is the amount of time off...i was told they are only required to hold my job for 6 weeks... please help. J

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Board Certified Attorney Arcadier

Managing Attorney Partner

Doctoral Degree

990 satisfied customers
My husbands employer is requiring that the entire department

My husband's employer is requiring that the entire department take mandatory leave next week and use their PTO for the week. He is fine with this. The problem is that of the 20 or so people who will be off, my husband is required to be on call. He has to be available to answer calls within 5 minutes and if need be is required to be at the site within 20 minutes if they need him. Historically, he will take several calls throughout the day and night (he is on call 24 hours per day for 7 days). We are unable to leave town or even go to a movie while he is on call. Our question is, can the force him to use PTO and be at their beck and call at the same time?

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Infolawyer

Attorney

Juris Doctor.

39,240 satisfied customers
IF MY EMPLOYER PUTS ME ON A MANDATORY LEAVE OF ABSENCE AND

IF MY EMPLOYER PUTS ME ON A MANDATORY LEAVE OF ABSENCE AND I HAVE A WORKERS COMP CASE AGAINST THEM BUT DONT RECEIVE WORKERS COMP SINCE I WENT BACK TO WORK IN 08 AM I ENTITLED TO UNEMPLOYMENT WITH THIS FORCED LEAVE OF ABSENCE?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
Is it legal for my Nursing Program Director to ask my

Is it legal for my Nursing Program Director to ask my students in privae about my performance?JA: Have you documented this or discussed it with HR?Customer: Not yet. I recieved a "formal performance improvemnt plan (not on letterhead) stating that she would be asking questions of students about my teaching.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time. I am not sure what "agreement" means. I am in Arkansas, though.JA: Anything else you want the lawyer to know before I connect you?Customer: There are some other things going on that indicate the department seems to bend rules for some and not others.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
Corporate has agreed to say that my position was eliminated

Hi,Corporate has agreed to say that my position was eliminated which resulted with the layoff. They have asked me for specific language that will be used by HR in reference to any calls inquiring about my past employment with this company.Draft: Yes, this person was employed at XYZ; however dues to budgetary changes in the program staffing changes were required, his position resulted with the layoff. We do wish him continued success?Your thoughts?

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Patrick, Esq.

Doctoral Degree

19,006 satisfied customers
I signed a non-compete with a company that was just

I signed a non-compete with a company that was just starting. It folded. I have signed with its former supplier. I am worried that, although the previous company folded, that they might still come after me.JA: Have you documented this or discussed it with HR?Customer: I am an independent salesman. These are marketing rep contracts. Self-employed. Not W2JA: Is the employment agreement "at will," union, full time or part time?Customer: I think if I incorporate, and make my company the signatory to the supplier, that that might insulate me.JA: Anything else you want the lawyer to know before I connect you?Customer: It is a business contract, not a pay for time type relationship..so full-time or part-time is not specified or an issue. I am paid for performance only.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,226 satisfied customers
I have a Haitian that rents from me in South Dakota. He

I have a Haitian that rents from me in South Dakota. He attends a State College here.He has no work permit now. He has had a work Visa for 4 years but that now has expired. He is attending college and wants to finish in SD. Can he work for no pay in one since and we pay for college instead of him getting cash? Or can we get in trouble?

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Phillips Esq.

Attorney

Juris Doctor

20,276 satisfied customers
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