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Recent employment law questions
I recently retired on 3/31/2016 and enrolled pension
I recently retired on 3/31/2016 and enrolled for my pension benefits on 3/23/216. Our pensions were froze in 2012 and the benefits calculated at that time. My benefits were complex to calculate because I was outsourced in January 2005 through March of 2009. I had also briefly retired in 2007 and had received 24 pension payments before being rehired by my original employer including prior years of service. Principal is the administrator of the pension fund and for some reason cannot seem to calculate the pension benefit correctly. They have worked on it for 4 years and I received numerous pension statements but never the same amounts twice. The statement from 3/15/2016 was used when I enrolled for my pension benefit and I was assured by my employer and Principal that the amounts were finally correct. I have been retired for almost two months now and have yet to receive a distribution. I received a call from Principal in late April and they told me that again they have not calculated the benefit correctly and I am looking at a $360 monthly reduction from what they promised me. My employer is working with them to verify the calculations and last week I was informed that more errors were made and the monthly amount is likely to be reduced again. This is totally unacceptable to me as I have made economic decisions based on the monthly amount that I was assured was accurate. Is there any legal recourse for me to hold them to their original promised amount. I still do not know what the most recent calculated amount is for my benefit. I'm guessing it will be close to a $500 a month reduction which is $6,000 yearly.
I was recently terminated by my employer for
I was recently terminated by my employer for underperformance. There was no allegation of the termination being “for cause”. I am close to retirement age, and had been with the company for over ten years, so for some purposes, the “Separation Agreement” provided some retirement-like benefits. I was employed in New York, and I reside in New Jersey. My former employer is a large firm with several thousand employees.My last day of work was April 1, 2016, and I remained on the company's health insurance plan through the end of April.My former employer had a Flexible Spending Account (FSA). I participated in in to the maximum permitted annual amount, $2,550. As of my last day of work I had already contributed $638 into the flexible spending account. I had incurred unreimbursed in January through April, probably several thousand dollar, but I'm still awaiting the “explanation of benefits” from the health insurance company. I have not yet submitted any of the claims to the FSA administrator since I am awaiting the health insurer's explanations of benefits. Documentation given to me by my former employer upon my termination says that I have until April 2017 to submit such claims.My former employer outsources administration of the health care benefits to a benefits outsource firm (AonHewit), and the FSA administration to another firm ("YourSpendingAccount"?). The benefits administrator's web site tracks the amount of available funds in the FSA, and provides a link to get to the FSA administrator's web site to submit claims. Two days ago, the balance in my account per the benefit administrator's web site “disappeared”. Thus far I've spent nearly five hours on the telephone with them trying to find out what is going on. Over the course of two days I've been transferred back and forth between representatives of the benefits administrator and the FSA administrator. The benefits administrator can only tell me there was a transaction that took the money out of my account, but cannot tell me who did it, why they did it, or where the money went. The FSA administrator believes that the benefits administrator transferred the money from the FSA account to a retirement FSA account run by yet another firm. However, no one can tell me who that firm is, or how I submit claims to them. The FSA administrator representative also believes the benefits administrator did it by charging a credit card in my name associated with the FSA (the FSA administrator provides a credit card as a way to tap into the funds more directly than submitting claims). I personally never used or even activated the card, and certainly never authorized its use. Moreover, according to the FSA administrator the benefits administrator did this by trying to charge my card $99,999.99. Fortunately, the card limit is the $2,550 FSA participation amount, but it is disconcerting that they did this.Both the benefits administrator and the FSA administrator have “investigations” in place, but say it could take 1-2 weeks to conclude the investigations. In the meantime I need to make "continuation of benefits elections" by June 1. Complicating the June 1 date is the fact I'm taking an overseas trip starting May 23, and may not have access to the web site on which I need to make the elections.One of the many representatives I spoke to said I need to make an election to continue to contribute “after-tax” dollars to the FSA account for the rest of 2016, otherwise I will lose anything I've already put in this year. This doesn't sound right to me. My understanding of how the FSA accounts work is that I can submit claims incurred through my last day of work, and be reimbursed up to the full $2,550 participation level.I presume that the administration of Flexible Spending Accounts are governed by regulations. It would be helpful to me in dealing with the two administrators, as well my former employer, if I knew to what I am actually entitled to under ERISA, IRS, and any other regulations and rules. My questions are, under such regulations:• Do I need to elect to participate in the FSA on an after-tax basis for the rest of this year in order to get anything back out?• If the answer that the question above is no, am I entitled to just the $638 I put in, or can I submit claims of up to $2,550, as long as the expenses were incurred prior to my last day of work?• Is there anything I can do to force the administrators and my former employer to do to expedite resolving what is going on?• Are there any regulatory authorities I can make a complaint to about all of this (including the unauthorized use of my FSA credit card)?• Is there anything else I should be aware of to protect my position?Thank you
I was working as a permanent employee non-profit for
I was working as a permanent employee for a non-profit for six years. I got sick and went on disability. Few days back I received a job termination letter from my employer that my job has been outsourced.What are my options now?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I'm on a H1B visa, and my questions are -1. I know I can
I'm on a H1B visa, and my questions are -1. I know I can open a company but not work for it, so, If I founded a Delaware based LLC as a 100% owner, Can I outsource work from a US client to a foreign company and receive payments from that US client for the work (essentially acting as a middleman and taking profits)?2. Would it help if my brother (currently on F1) was a 50% partner?Thank you!
Our employer included an undated letter with our payroll checks
Our employer included an undated letter with our payroll checks on Friday March 4th.The letter informed us that the company would be outsourcing payroll, human resources and heatlh and safety. The new company has stated that they are now considered the "employer of record".On March 11th our now previous employer will issue, in the form of a loan, an accounts payable check based on our average earnings. This loan is to be repaid over the next six weeks. Our first check from the new company will be issued on March 18th.Our questions and concerns are:1. Since we are now former employees, when should we receive our last paycheck (the check that represents the first week we worked for the old company)?2.We received the undated letter Friday during normal payroll distribution. We were told we would not receive a check from the old employeer for the week we just finished working.3. Since our old employer owes us money why are we having to accept a loan?It is confusing to know that we will not receive a pay check for hours we just worked and to be told we will be paid next week, but we have to return the money,.It is our opinion that we should receive 2 payroll checks and not a loan for work completed before the changes were made. Since the letter was not dated it implies that it would affect the pay period that started March7,2016Can some one explain if this is legal and if not how to rectify the problem.
My severance agreement contains a clause restricting employee
My severance agreement contains a clause restricting employee discussing business affairs, management techniques, administrative procedures, etc under threat of damages (actual and punitive). Is this reasonable? That is, I cannot mention my layoff procedures/transition/outsourcing and such?
My name is***** April 2014 I went to work
My name is***** April 2014 I went to work for Brown Brothers outsourcing services as a CDL class A driver.I quit five weeks later because they constantly broke DOT time of driving laws as well as log reset laws also my wife retired from her job, I was told at the time I quit that I would be sent my tax work and W-2 as well as my last week's pay check none of this was fourth coming and my tax service did not show this employment on my tax return.Apparently Brown Brothers reported something and I owe taxes. I will pay the taxes so I do not pay interest but can I do anything to get this straighten out the report Brown Brothers I filed is wrong and filled chapter 11 bankruptcyThis happened in Oddessa Texas. Thank ypu
I am currently employed as a Business Administrator and have been with my current company
I am currently employed as a Business Administrator and have been with my current company for 7 months. They have changed my job description 3 times since I hired in, none with conversations, moved drastic duties to be outsourced without any notification to me prior to changes. I just received a good review but still more duties are being outsourced. I had a conversation about the anxiety they are causing before Christmas and they said they understood just to keep things in the same direction one week later. I am in such influx, they go without answering emails where I ask what is going on.Is this Treatment in Texas considerable for a Employment case?
Question Summary: What legal recourse, options or basisView more employment law questions
Question Summary:What legal recourse, options or basis for a claim does an employee, who is not a member of a protected class, have against an employer who promised significant pay increases, bonuses, options, benefits, etc. as inducements to work 12+ hour days for months under tremendous pressure, but then engineered a constructive termination of that employee by creating a hostile work environment and setting impossible performance requirements in order to avoid having to fulfill on those promises, as well as avoid having to pay any severance or unemployment benefits?Background & Detail:I am a 49 year old white male with 25 years of business mgt, finance and accounting experience with an MBA and a solid work track record. I started a new job 5 months ago, reporting directly to the owner. We agreed to specific, reasonable work duties and hours. I took a significant pay cut because of the type of business / role, and was promised equity and profit sharing in return.Two months ago, the owner committed to take over the mgt of an unrelated business (30 employees) in a different industry that was failing after 7 years. Without notice or choice, my role, duties, hours, assignments and workload changed for the worse. The former mgt team refused to assist us, and the other employees didn't know anything. I was required to figure out and execute all finance, accounting, banking, payroll, billings, collections and HR functions without help in a matter of days / weeks. This steep learning curve, and the company's weak cash position, created an instant pressure cooker. Many critical, time sensitive activities were assigned to me. The work load and stress level were overwhelming, compounded by the owner's constantly badgering re: status, pushing unrealistic deadlines, redirecting me midstream from one incomplete task to another, and finally angry, verbal attacks re: results / delays. To keep up and avoid public ridicule, I had to begin working 10 - 12+ hours / day.However, I kept going because I was coming up to speed, keeping back office systems operating, meeting deadlines and improving processes. More importantly, I was repeated promised a pay increase (40%), 100% paid benefits, quarterly bonuses and generous stock options, all of which were to begin Jan 1st.Then, a former employee (female) filed a harassment labor complaint. Afraid of being sued, our HR/payroll provider terminated its services without notice and I was forced to find, set up and implement an entire, new payroll system / provider in 3 days over Thanksgiving. Getting bank accounts linked and verified takes longer than that, however. Although minor, this and other glitches were very time consuming distractions that rippled throughout other time sensitive tasks (e.g., invoicing, payroll, payables, monthly close, etc.), making it impossible to keep up. Instead of offering help or slowing down, the owner demanded add'l wide sweeping changes (new benefits, compensation plans, etc.). Unable to work any harder / smarter, the negative energy was directed at me, though wholly unjustified, and broke my mental, physical and emotional health down to the point of exhaustion.Citing that I wasn't a “good team fit” for not meeting deadlines, I was terminated on Dec 18th. I was to be paid through year end, with minimal time needed to hand off my duties. This took much more effort than they imagined, and I continued to be badgered daily through Dec 31st. I have complied with all requests without issue or complaint. Ironically, several employees and an outsourced firm will divide up my responsibilities going forward, evidence that the workload was too much for one person.So, now what? ALL I WANT/NEED at this point is a reasonable severance. I feel it is unlikely for them to agree, however. If so, I need to know if I have any legal recourse, options or basis for a claim against them? Is there a course I can pursue likely to result in something?I believe any reasonable, objective person would view their actions as bad faith, deceitful, willful misconduct and harassment. I was falsely induced to endure through hostile / harassing circumstances with no intent to fulfill their promises. Once I had completed / automated the difficult tasks, the owner engineered a constructive termination designed to force me to quit, or if that failed, a deliberate plan to create an environment in which it was impossible for me to perform effectively, not only so they could conveniently avoid paying the compensation promised, but also to avoid paying severance or unemployment benefits. This owner's actions has caused my reputation, health and financial condition substantial harm.What can I say or do, or use as leverage, at this point to get him to just be fair and reasonable?