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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

22,672 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

46,548 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.

37,606 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

18,056 satisfied customers
AN EMPLOYEE, A SECURITY OFFICER, WAS FOUND SLEEPING ON DUTY;

AN EMPLOYEE, A SECURITY OFFICER, WAS FOUND SLEEPING ON DUTY; PICTURESOF HIM SLEEPING IN A BOOTH WERE TAKEN BY AN INSPECTOR; THE OFFENCE CARRIES TERMINATION WHICH HAS BEEN UNIFORMLY APPLIED FOR SUCH AN OFFENCE OVER THE YEARS TO DATE. HIS DUTY HOURS ARE 2PM TO 10PM; HE WAS FOUND SLEEPING ONLY THREE HOURS INTO STARTING AT 5PM. AFTER ADMITTING IN WRITING TO SLEEP[ING ON DUTY SAYING HE HAD USED PAIN TABLETS. HE THEN SAID HE HAS NOT BEEN GETTING A BREAK FOR A NUMBER OF PAST DAYS.HE IS NOT NORMALLY REQUIRED TO HAVE A BREAK UNTIL AFTER 4 HOURS BUT HE HAD ONLY DONE 3 HOURS THAT DAY WHEN HE WAS FOUND SLEEPING.. TRUE, HE WAS NOT GIVEN A BREAK AS THE MANAGEMENT WAS REQUIRED BY LAW AND BY REGULATION TO PROVIDE , ON SOME PAST DATES DURING HIS 8 HOUR SHIFT WHICH HE DOES FIVE DAYS A WEEK BUT HE WAS GIVEN A BREAK A WORKING DAY BEFORE THE DAY OF HIS OFFENCE. . HE NEVER COMPLAINED TO THE MANAGEMENT UNTII, AFTER HE WAS FOUND ASLEEP AND ISSUED A QUERY THAT HE WAS NOT GETTING A BREAK ON SOME PAST DAYS. HE DID NOT INFORM THE MANAGEMENT THAT HE WAS SICK THE DAY OF HIS OFFENCE AND THEREFORE DID NOT ASK THE MANAGEMENT TO GET HIM A REPLACEMENT. HIS OFFENCE OF SLEEPING ON DUTY IS NOT IN DISPUTE ; THE SANCTION OF TERMINATION IS NOT IN DISPUTE BUT HE HAS INTRODUCED "NOT GETTING A BREAK" ON SOME PAST DAYS( UNRELATED TO THE DAY IN QUESTION) AS A FORM OF DEFENCE WHICH SEEMS AN ACT OF BLACKMAIL.SHOULD THE EMPLOYER PROCEED TO TERMINATE THIS EMPLOYEE-- A SECURITY OFFICER WHOSE ACT OF SLEEPING IN THE BOOTH MADE HIM TO LEAVE HIS POST AT THE GATE AND ALLOWED MEMBERS OF THE PUBLIC INCLUDING AN INSPECTOR TO ENTER HIS PREMISES UNCHECKED UNTIL HE WOKE UP AFTER THE INSPECTOR HAD C ENTERED THE GATE UNCHECKED AND FOUND THE SECURITY OFFICER SLEEPING IN THE BOOTH, TAKEN HIS PICTURES AND, A COUPLE OF MINUTES LATER, THE OFFICER THEN WOKE UP?CAN THE OFFICER BRING ANY VALID CHARGE AGAINST THE EMPLOYER FOR THE TERMINATION FOR NOT GETTING A BREAK DURING HIS 8 HOUR SHIFT ON SOME PAST DAYS MINUS THE PREVIOUS WORKING DAY WHEN HE GOT A BREAK?KINDLY OFFER YOUR RESPONSE IN CONFIDENCE TO ME BY EMAIL TO***@******.*** OR BY TELEPHONE CALL TO(###) ###-####THANKS.JOHNSON

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Loren

Juris Doctor

37,038 satisfied customers
A similar NY based consultancy is threatening me not to join

a similar NY based consultancy is threatening me not to join the client who is based out in WA. I have been working in WA for this client via middle vendor.. Is Non-compete agreements valid in WA ?Truth is i brought the client & the middle vendor as well & the project contract terminated after 2 years & hence i decided to join the client..

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

107,984 satisfied customers
I have worked as a Family Nurse Practitioner for 23 years at

I have worked as a Family Nurse Practitioner for 23 years at a Community Health Center. I officially "retired" at age 66 and immediately starting working PT there, accruing ETO and partial Holiday Pay.I have a Masters degree but I am not Board Certified.Last Thursday he HR Director called me and informed me that unless I am Board Certified I could not work as it my services could not be billed. We are a Federal health care center. I was scheduled for the following day and was told I could work that or not, I chose not to and did receive pay for that day although I have notcashed the check or signed their paperwork.Here's my question:When was the Clinic advised of this regulationWhy wasn't I told in advance so I could start studying or plan my budget correctlyWhy has the other PT NP still working there despite not having finished his Masters and not being Board Certified?I have worked an average of 40-60 hours amount consistently since I retired from FT.We receive notices from Credentialing Dept when our licenses are getting within 3 months of expiring ( I recently did) and they notified meWe have had many personnel changes in the HR dept and a new Credentialling personI was the oldest employee there. Almost 68.No other reason was given .Does this sound right?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

107,984 satisfied customers
I live in Phoenix, AZ. I was terminated this past Thursday

I live in Phoenix, AZ.I was terminated this past Thursday by my supervisor. His reasoning was 'differences in management philosophies'. I was written up once for not following his direction but never for anything else. All performance reviews were 'achieve expectations'.Do I have a right to go after compensation for wrongful termination? Clearly there is more to story but overall need to understand my options. When I say more the environment he was creating was very hostile and vendictive.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,056 satisfied customers
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