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Recent Misuse of Company Property questions

My wife was recently demoted as a manager from her company

My wife was recently demoted as a manager from her company and was told to keep the demotion under wraps, that if the information got out she would be fired. She was told to keep the narrative as close to "it was my decision to step down" as possible. The circumstances involve communication between herself and another lower level employee that my wife is friends with outside of work. In this communication she had some disparaging remarks about the site leader. The information was intercepted by the site leader via chat logs which are saved locally on the machine. The company does not have a policy in place that mentions you're being monitored, so there's no consent to being monitored. They do however have a generic "misuse of company property" clause which apparently includes their workstations and chat logs saved on the local machine. Also, we live in Washington State.The legality of this escapes me and there is a ton of information that contradicts itself by googling. I thought I would ask a professional as I would hate to move on without knowing that there were laws in place that keep this sort of thing from happening. It does feel like she was singled out though, this is the first case in the company where someone was fired over their chat logs and everyone I know says similar things about this site leader.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,266 satisfied customers
I have problem employee who I ultimately notified my HR

I have problem employee who I ultimately notified my HR department that I wanted to terminate. She was hired approximately 6 months ago and within the first 3 months, we (she reports to a director who reports to me) had documented a number of issues related to insubordination and other behavioral issues so disruptive that it's impacting business and other co-workers. Because this employee is the daughter of one of our Board of Directors, I was asked to clear the termination request through the CFO (to whom I report) and our CEO. They have both said that due to concerns that her father is on the BOD, I need to "make it work".For the last 3 months, her manager and I have done this as best we can but she has continued to become progressively and blatantly disrespectful and insubordinate. She will only deal with the CFO at this stage..not her manager or me. At this stage, I feel any action on my her or manager's part to mitigate the impact of her behavior could be considered as "singling" her out and now I'm concerned that in the event she decides to sue the company, my or her manager's name would be at the forefront.We have 6 months of detailed documentation that more than warrants termination. Yet the CEO and CFO continue to say "make it work", something I cannot do without truly treating her much more differently than her peers. What should I do?

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Patrick, Esq.

Doctoral Degree

18,502 satisfied customers
If you ask your employer to speak to your co-worker about

if you ask your employer to speak to your co-worker about calling another co-worker "Black" as her nickname and you find it offensive. The behavior continues and the co-worker who is using the offensive language asks you in an email why its offensive and continues to use the word. What can I do?

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Infolawyer

Attorney

Juris Doctor.

38,294 satisfied customers
I have an bartender who works 4 days a week for $550 a week.

I have an bartender who works 4 days a week for $550 a week. If you include tips he is getting paid$30/hour or close to $60,000 a year. His work performance has made what he is getting paid not worth it. I will be having a meeting with him about what he needs to do to improve. I have heard he has stated he wants to get fired in order to receive unemployment benefits. After the meeting, if improvements are not made, I plan on moving him to 3 days a week and putting him on salary. Is this a good plan? I know poor work performance usually doesn't not work well with contesting unemployment. Any advice would be greatly appreciated. Thanks!!!

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Alex Esquire

Managing Attorney

Doctoral Degree

22,468 satisfied customers
I've accepted a new position with a consulting firm. They've

I've accepted a new position with a consulting firm. They've asked me to sign an employment contract which contains no-compete and non-solicit clauses. I need a lawyer to review this and help me understand the ramifications of these clauses and they are excessive. Can you help me?JA: What state are you in? It matters because laws vary by location.Customer: ColoradoJA: Has anything been filed or reported?Customer: Not sure what you mean - They sent me the employment contract to sign but I haven't signed it yet.JA: Anything else you want the lawyer to know before I connect you?Customer: No, that's all Actually, what's the charge for this sort of work?JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: Great, works for me

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Ray

Lawyer

Doctoral Degree

37,578 satisfied customers
I am a teacher. A parent complained to my principal that I

I am a teacher. A parent complained to my principal that I yelled at her son. My principal took the complaint to HR. I am awaiting a meeting with HR, my union rep, and the principal. My union rep who has not seen the complaint told me that I don't need an attorney. In today's climate, I'm not sure that is the best advice.JA: Because education law varies from place to place, can you tell me what state this is in?Customer: St. Paul Public Schools in MinnesotaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time. I have taught there for 23 years. This is my first experience with this kind of matter.JA: Anything else you want the lawyer to know before I connect you?Customer: I think that is it.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

110,688 satisfied customers
My husband passed away Nov 9, 2016 and he was retired. He

My husband passed away Nov 9, 2016 and he was retired. He didn't put down me his down as beneficiary. Am I still eligible for his pensionJA: Have you documented this or discussed it with HR?Customer: He retired from FedEx and benefits said it ended. I think thats Ludacris. Because he worked for so many yearsJA: Is the employment agreement "at will," union, full time or part time?Customer: FedEx has no union. He was full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Is there a chance I will get his pension or just give up

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Dwayne B.

Juris Doctor

36,442 satisfied customers
I have been employed at our local hospital for 8 years.....

hi my name is ***** ***** have been employed at our local hospital for 8 years.....JA: Have you documented this or discussed it with HR?Customer: HR offered me a position to for a certain pay per hour, then retracted the amount, telling me they didn't know I was an internal employee, that they thought I was an external employeeJA: Is the employment agreement "at will," union, full time or part time?Customer: full time positionJA: Anything else you want the lawyer to know before I connect you?Customer: the offer they made me was $4.50 per our lower than the original, but i would have been able to have the higher offer had I been an external applicant

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Patrick, Esq.

Doctoral Degree

18,502 satisfied customers
I just quit my job because I could not tab being accused of

I just quit my job because I could not tab being accused of everything you can think of ,I became so nervous and depressed that it affected my work it got to the point that I hated to go in to work because all three people would be there to accuse me of something different I have been yelled at accused of stealing liquor which I do not drink I have had one of my superiors yell across the bar room for me to get my ass over there and get them a drink that was so embarrasing we had quite a few patrons in that day , I fell down the stairs taking beer down stairs and they just laughed i had one of their poker players tripped me and I fell into the door jam and hit my shoulder bone I had to pack ice on it they said I shouldn't be so clumsy , what should I have done besides quitting my job

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LawTalk

Attorney at Law

Juris Doctor

34,310 satisfied customers
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