I need help with labor law question. Illinois, No, I have
I need help with labor law question.JA: What state are you in? It matters because laws vary by location.Customer: IllinoisJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I have employees who are salaried teachers and hourly assistants for montessori school. They also work after regular school hours for extra curricular activities - for a flat rate per activity. If I pay them for this time as salary and withhold taxes, am I crossing the line of not paying overtime? Can I pay them as independent contractor? What if salaried employee gets paid hourly for extra work?
I was "separated" from my employer ( told I was not
I was "separated" from my employer ( told I was not terminated) but all accounts closed, no longer on payroll, could file for unemployment. I had been issued RO ( no charges, no arrest) told I couldn't supervise because the RO restricted my ability be armed. I was waiting for hearing to modify order which complainant was agreeable with. Also told if I got things cleared up I could make appt with Human resources to discuss employment. I asked if I would just return to my position. They said not necessarily. Because another issue was brought to HRs attention. My license/ credentials had expired and this was not acceptable. But I had just been notified by Director of department that they had expired. I had filled out forms and I signed and director signed and he said he would send out ASAP. That was approx 11 days prior to being "separated". But now this issue was being used to get me out. Turned out the director had NOT sent out forms they were still sitting on his desk. He was waiting to see what the administration were going to do about me having been issued the RO.This same issue of license expiring had been something which happened often within the dept. I couldn't just fill out paperwork and send in for renewal my AGENCY was the one who had to sign and send in with payment.besides other supervisors had the same thing happen to them but HR was never notified , no adverse actions taken for the men, but used to validate reason to separate me from employment. Prior to this time the director had taken 1 male supervisor and 1 employee to get their license renewed. In less than 2 hours their license was renewed. Mine sitting on his desk.I had problems with some employees on my shift. Several times one male employee and 1 supervisor were segueing and name calling , yelling and in my face in the presence of other employees. I wrote up employee for insubordination and other charges and the director took no action. Behavior continued. My work environment had been and continued to be a hostile work environment. I complained to my supervisors and to human resources and the actions would subside for very short periods of time. This is to say they were silent. But still would not do what was required.What can I do. I'm no longer employed, I went to the State commission against discrimination and although I submitted many documents , emails and provided names and where information could be obtained to verify my statements the commission said there was Lack of Probable Cause. The appeal. Stated the same findings. I should have sort attorney to help. But I thought I had all the evidence needed. But The commission didn't interview anyone nor did they try to obtain the official records verifying my claim of other males had allowed their licenses to expire and the director did in fact bring males and got licenses renewed within 2 hours. The court modified the RO order and the employer had posted my position and said they had applicants and were interviewing. The modification by the court was not enough.It took from July 2013 until June 2016 just for the initial findings by the commission.Can I still go EEOC, what can I do where can I turn. I was discriminated against. I am in a protected class and still I lose help please
After 9+ years of employment at the FL Managed Care company
After 9+ years of employment at the FL Managed Care company I work for I was informed in June 2016 that my position of VP, Sales, Marketing and Business Development was being eliminated and they were moving my team under new leadership. The person who took over my team began her employment around February/March 2016. Shortly after coming on board she met with me and a colleague at a lunch meeting at which time she said that “she wanted to call the elephant out in the room that I was unhappy about her taking over my team.” I had no idea what she was talking about, and when we got back to the office, she immediately made a call to someone and then came in my office to apologize and then went to apologize to my colleague. A few months later during a one-on-one with my boss, I was informed that he made a business decision to move my team to this same person, but that they found another VP role for me in the organization that would keep me whole financially working for corporate as VP of Account Management. After weighing my options of exploring a severance package which was mentioned as the outcome if I did not accept the new role, but never shown to me, I met with the new leadership team of the proposed division and decided to pass up on any outside opportunities that were available, and severance, and decided to accept the new role. This new position was announced publicly around the first week of July. I was then informed by my new boss that because of budgetary reasons I would have to remain on the current health plan's payroll until the new division absorbed me on August 1st. I was also informed to begin working with the new team effective immediately during the first week of July during the transition time. Over the next several weeks I worked on several business proposals, met with my new counterparts at our corporate office, and even worked an event on behalf of the new division after the August 1 date. At which time I formally introduced my new role to one of the largest provider groups in the state whom I had worked with for many years. Around August 20th I noticed that the official transition never took place in our corporate systems, so I asked the CEO if he knew why it hadn't occurred yet. He said he didn't but would look into it. The very next day I was called into his office where he informed me that prior to being transitioned into the position, unfortunately, corporate eliminated the position I had accepted, was announced in, and was working for since the first week of July. I was then informed that I have until October 3, 2016, to secure another role in the company, or they would let me go with a severance package. The package that was offered was 27 weeks of pay (current salary $145k) and that they would vest the stock grants I have been given that are due to vest in December 2016 (worth approx. $35k) so long as I sign the severance agreement that they will not let me see until October 3rd. I was also informed that the 1,000+ (worth approx. $70k today) shares of outstanding stock grants I was given over the last two years that are due to vest in December of 2017 & 2018 would be forfeited. I also have a non-compete associated with the grants in which they are not willing to waive.Shortly after learning the new role was eliminated before I was even officially transitioned into it corporate HR emailed me several positions they felt I was qualified for (all lesser titles (i.e. Director level) and only one that was in the state in which I live (Florida). I applied for the Florida role and have been offered the position but at lower pay even though my current salary is still within the range of the position (As of now I have not accepted or declined the job). I also want to note that when I was promoted to VP, Sales, Marketing and Business Development, I did not have a college degree and was encouraged to go back to college to obtain a Bachelor's degree when I was offered the role in 2014. During the past two years, I went back to college and just recently completed my Associates and am supposed to be moving into the Bachelor's program in October. During my 9+ years at the company I had always received good performance appraisals and have several examples of successes recognized by Sr level staff leading all the way to that date in June when I was forced out. I even received approval of my 2016 business plan which was showing strong positive results. Bot***** *****ne is that I believe there has been negligence and that now my reputation is in jeopardy given how I will no longer being with the company after such a short time in the new role that was pulled out from under me, or if I take a lesser position in the enterprise. I was completely misled by my company and am still being asked to perform work duties of the new position that was eliminated. My question is do I have a strong legal legal case where I could expect to greatly benefit financially from given the circumstances? Or what do you recommend?
Michigan-I gave and employee a raise from 10.75 to 11.15;
Michigan-I gave and employee a raise from 10.75 to 11.15; the bookkeeper made and error and increased to 15.00. I told her the next payroll to decrease to 11.50 to try and appease the employee and not charge the employee the almost 600.00 in back pay and now the employee is threatening to go to the labor board if I don't give her the raise and the difference on the last check?
I have been on FMLA. My doctor released me to return to work
I have been on FMLA. My doctor released me to return to work under temporary disability. The restriction is that I cannot commute and need to work daytime hours. I was working remotely before the FMLA and working daytime hours. They have put me back on payroll, but I haven't been allowed to work yet. Now they want me to sign a letter before beginning work. Need advice.
I have a question about how my employer is making us fill
I have a question about how my employer is making us fill out United way forms even if we are not going to give. Is that legal?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Oh, sorry, San Antonio, TXJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: not that I can think of
On behalf of 7 employees, I have been asked to obtain
Good afternoon. On behalf of 7 employees, I have been asked to obtain options regarding the non-payment of wages. I understand there are 2 employment lawyers online now. Are either of you able to help me regarding this issue for employees in California and Colorado? Thank you.
I am a clinic manager. I was being paid substantially lower
I am a clinic manager. I was being paid substantially lower than my predecessor. I requested a raise last fall. A few weeks later one of the partners told me that the other partner wanted to speak with me. The 2nd partner told me to increase my salary $5000 per month. He said that they didn't want to lose me. I noted that salary change in quickbooks and increased my salary accordingly. Unfortunately, I didn't get it in writing, that's not uncommon in small clinics. At the end of the year I confirmed with the same doctor that the change was permanent and he confirmed that it was. Payroll is processed electronically with direct deposit. This past payroll needed to be paper checks due to Internet problems. The other partner signed the checks. He saw my ytd wage and claimed that it was too high. In a subsequent meeting with the two doctors they told me that the increase was an annual change of $5000 for the year. They then told me that I had been over paid and should have confirmed the amount with both partners. Ultimately, they said that they wouldn't ask me to pay back what they claim I've been overpaid but also that they wouldn't pay me any salary for the reminder of this year.I want to resign but want to protect myself in the process. I'm not sure how to move forward and am looking for guidance.