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I am head of HR for a small co., I started only a few mos.

I am head of HR for a small co., I started only a few mos. ago. A VP brought to my attn today that he feels he has a "harassment" issue. He asked me to keep this confidential & he will bring it to his manager (& the CEO) when direct mgr is back from time off at the end of the month. His description of the matter is that another senior Mgr has been "yelling in public (in open office space) at him & another member of his team" -- what he described seems to be poor behavior on the part of the other mgr, but not necessarily "harassment." He said he's brought similar concerns (i'm not sure if he used "harassment" word in the past) to his top C-level mgrs in the past (about the mgr not doing his part of the job in a timely matter, his yelling, & how this affects his dept & perf) & he feels they have not managed the matter other than to tell him he needs to deal with it & resolve it since he's at a VP level. He mentioned that he knows this other mgr is "protected" bec he brings in $ to the Co. but that now it's like a slap in the face when this mgr doesn't do what he's supposed to by deadlines. Last month he was 2 wks late with giving the dept data, and this month he was 1 day late, but it's critical this month bec of people in the dept taking time off, so things are stressful due to his lateness of 1 day, and due to his lack of respect for the other dept. The VP told me that his staff employee spoke to him about 2 mos & they brought the concerns to sr.Execs, and the staff emp. was given an increase with the hope that it would help him deal with it. My Q is this: How should I best handle this matter (I have already scheduled to meet with one other sr person who the VP has informed me of (who sits nearby this team) & said would be OK to talk to him bec he knows he was informing me of this matter. He was clear that he wants this confidential & for me NOT to tell the 2 senior execs yet. I believe this VP may sense that he could be possibly terminated in the future due to mistakes in his performance, and this may be a set up & putting me in a challenging position to justify every step I take. I'd like to tell him that "harassment" is serious enough that I need to investigate & address sooner than later, & I cannot keep it confidential. However, another key player involved is out on paternity leave soon (probably tomorrow) and the 2 execs are very much aware of the behaviors involved already. In fact, we are looking to replace this VP due to performance, but he would disagree with the issues. I work 3 days/week, and hardly have time to address everything, but want to take the appropriate steps. We do have a PEO for the org, and I will reach out to them, I doubt if they will do the investigation. Looking for legal guidance of best next steps to cover all my bases. Thank you.

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Phillips Esq.

Attorney

Juris Doctor

18,312 satisfied customers
If an employer never signed my employment agreement and I am

If an employer never signed my employment agreement and I am separating from the company can the bind me to the agreement? They are extremely threatening.

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Loren

Juris Doctor

37,080 satisfied customers
I have some questions about what my employer is doing and

I have some questions about what my employer is doing and whether or not its ok/legal. I want to know my rights.JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I don't know if it will cost money.JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. OK. The Employment Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.Customer: Ok. I will try to be brief but detailed.JA: Is there anything else the Employment Lawyer should be aware of?Customer: Bear with me. Thank you.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Dwayne B.

Juris Doctor

35,746 satisfied customers
I was terminated from a position because they thought I might

I was terminated from a position because they thought I might be looking to change firms. They waited until I was on an appointment and confiscated all my business and personal belongings at my desk. They tried to fire me over the phone and I said I would be in the office in 10 minutes. When I got there they told me they heard that I might be looking around at other companies and therefore I was fired. I asked for it in writing they said no. I said I wasn't leaving until they gave it to me. They said they would call the police if I didn't leave so I left. Before I left they said to look for the HR department, a PEO, to send me information on my severence. They emailed me the next day and said some of my personal belongings will be mailed to my home and that the email was notice of termination.This was almost 6 weeks ago and they are still paying me every 2 weeks and I still haven't gotten my package from the HR department in regards ***** ***** I haven't signed anything. Even though the guys were real jerks, what is the legal ramifications of keeping the money and not saying anything? I called the PEO last week and even told them I was terminated and their reply was, well your still getting paid. I said OK and hung up. Can I consider this a severance even though nothing has been signed by either party?Thanks.

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
Client would like to know if there is any liability if they

Client would like to know if there is any liability if they don't bring employee back. Technically the employee is really not an employee. She was part time, and took the leave to help her daughter in North Carolina, client doesnt believe she was there but was out on unpaid leave and is looking to return in August. The client must go through all the steps to rehire her - background check, drug test etc. they are not sure they want her to return but don't want to engage in a lawsuit.

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Ray

Lawyer

Doctoral Degree

35,822 satisfied customers
I own a business with around 100 employees. I have 17 of those

I own a business with around 100 employees. I have 17 of those employees working in admin. jobs. The others are hourly wage per hour employees. I currently pay and have for the 20 years we have been open on a bi-weekly pay period. What are the overtime laws if I begin paying per day for the hourly employees. This business has huge amounts of OT for regular work weeks and Can I have on pay period for admin employees and one for hourly employees? We currently use a PEO company for running our payroll, benefits, work comp. etc.

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
I need a second opinion on this question. Will I be breaking,

I need a second opinion on this question. Will I be breaking, or even bending, any labor and employment laws or regulations if I have one group of employees paid under a leasing agreement with a PEO firm to process payroll and concurrently have another group of employees paid directly by my S corporation processing payroll?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
Can I set up an employee leasing arrangement on some of my

Can I set up an employee leasing arrangement on some of my employees and pay others directly?

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,548 satisfied customers
If an employer elects to leave a PEO who maintains a Multiple

If an employer elects to leave a PEO who maintains a Multiple Employer Plan for the employees, would the successor plan that the employer establishes be treated like a start up plan or a takeover? Specifically, if the new plan is to be a safe harbor plan, would it be subject to the 30 day prior notice requirement that a takeover plan would require?

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,548 satisfied customers
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