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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

24,384 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.

43,320 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

18,930 satisfied customers
Pertaining to the sick time pay in CA and MA, as the

Hello-Pertaining to the sick time pay in CA and MA, as the employer, are we allowed to set a "time frame" that the employees need to notify us by in order to use their sick time?EX. Can we implement a policy that employees are only allowed to use their sick time within if they notify the employer 12-24 hours in advance?Thanks

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LawTalk

Attorney at Law

Juris Doctor

38,616 satisfied customers
My late husband worked at UPS and had a pension there. He

My late husband worked at UPS and had a pension there. He wasn't collecting on it yet because he wasn't retired. He passed away at 53 yrs old. I can receive half of his pension when he would have been 65 yrs old. If I were to remarry, do I lose the benefit of that pension?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassachusettsJA: Has anything been filed or reported?Customer: UPS sent me paperwork stating whenever i could receive the benefit. I could receive it now but the amount would be greatly decreased because he would only be 57 at this time. That's why I am waiting to collect when he would have been 65JA: Anything else you want the lawyer to know before I connect you?Customer: Just want to know if I would lose the benefit if I was to remarry

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John

Attorney

Doctoral Degree

9,674 satisfied customers
I have a business related question. I am one of many

I have a business related question. I am one of many childbirth educators for a particular world-wide organization founded in the 1970s (not Lamaze). We agree to a contract every year though most of us never fully agree to the terms. Many educators have left the org because of the requirements that are hard to comply with. The major difficulty is teaching each series for 12 weeks, one class per week. Today, most women work full time, many with long commutes. So if we want to teach 12 weeks and have anyone come, it is usually on weekends. Even so, the 12 week commitment is challenging for most expectant couples and ourselves. There are many other grievances, i.e., about the worktext (needs a major overhaul) and the vintage videos they offer (never updated; some date back to the early 70s; the newest was 2002 I think.) Not done... Haven't stated the main issue. That was background.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: They are based in California but we teach all thru the states and world-wide. The main issue regards ***** ***** and what happens if we leave the org.JA: Has anything been filed or reported?Customer: No, the only lawsuit I know of was when a couple tried to sort of hi-jack the org to update it; they tried to twist the owner couple's arms so to speak and were sued for adapting the name "Bradley Reborn." The couple were crooks; took other teachers' money, etc.JA: Anything else you want the lawyer to know before I connect you?Customer: yes, i'll cut and paste the statement we just got from their apparent attorney. What concerns us is that we are not supposed to even mention our past affiliation if we leave and go independent. Just a moment:

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Ely

Counselor at Law

Juris Doctor

69,976 satisfied customers
I have been told my enployer that i need to relocate to

i have been told my enployer that i need to relocate to another store due to buiness reasons my contract says that the group reserves the right to transfer me either permanently or temporarily to any other location subject to the same being reasonable taking into account the distance and time it would require to travel and expenses i might incur in doing so . The other store is 23 miles away and would increase my working day by 90 mins this is a permanent move i have said i will not go were do i stand on this .there are 3 of us doing the same job but i am the closes . Ihave worked in the same store for nearly 20 years

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John

Attorney

Doctoral Degree

9,674 satisfied customers
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