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I have worked as a senior level executive company 25 years.

I have worked as a senior level executive for my company for over 25 years. Due to some wrong decisions made by my company's board members (family owned and privately-held), the company is doing an organized liquidation. These circumstances have occurred and I wonder if I have any legal standing against them:The company was profitable until roughly two years ago. When recently I discussed the downward spiral of the company, one of the board members/family members said to me, "just hang in there for about a month; changes are coming". The result was the organized liquidation.The owner of the company has become extremely inappropriate due to advanced age and decision-making difficulties. Comments like "why did you bring this shit to me", and "you are so stupid", " and "he is an asshole" are commonplace.Although they gave a few of us senior executives bonuses for last years' performance and reported it in our W-2's, they have held the checks and now the banks are not going to release them due to the organized liquidation.

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Dwayne B.

Juris Doctor

 
34,012 satisfied customers
My employer has been skimming $140 of per diem every day. I

My employer has been skimming $140 of per diem every day. I should be paid about $168 of per diem each work day (I do billing and see that is what they bill the client company for our per diem and that is what is on my deployment confirmation), but they lower the pay of all employees (roughly 100 - 150 employees) that receive per diem by $140 so that we all only get about $28 more per day than local workers. This seems to be illegal, but has been going on for my eight years of employment. Is this something I could sue for? Could they legally fire me for pursuing action on this? I work in Alabama, where one of their offices is, but am a Texas resident.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
We are a privately owned company with approximately 300

We are a privately owned company with approximately 300 employees. We have a field services division with approximately 5 to 10 employees who work approximately 30 to 60 days per job. These workers are paid hourly from our "Regular" payroll and are reimbursed for travel expenses, and paid per diem. Because these workers are paid as all other employees, but only work on a "temporary" basis, do we need to offer the same benefits such as health as our "Regular" employees?

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John

Attorney

Doctoral Degree

 
7,320 satisfied customers
Need help regarding issues around last paycheck .... Was terminated

Need help regarding issues around last paycheck .... Was terminated April 26 with next pay day being may 3 rd school district is claiming my last paycheck was April 19 th as was paid for days worked at per diem rate when I was hired at a salary ... No notice until I inquired about last paycheck of status of final paycheck . I was on administrative leave due to a false accusation

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
I have been working at a skilled nursing facility as an Occupational

I have been working at a skilled nursing facility as an Occupational therapy assistant for 8 years now. They hired a male Physical Therapy Assistant who was contracting with my company for a little over a year. I was told by my supervisor that they were going to let him go 5 months ago, due to fraudulent billing, spending time on computer (facebook) & cell phone instead of treating patients/while treating patients, flat out lying about treating patients... which I & other therapists have observed for 8 months.I received a phone call from my supervisor yesterday stating, "He's threatening to leave the company if they don't fire me." He made claims that I was talking about him in a derogatory manner to other therapists...And that if I can't let his 'faults' go, then I will have to seek employment elsewhere. My supervisor stated this to me on the phone 3 times. I was speechless to say the least. I've never had a problem until now after all these years. I'm at a loss here. I love my job, I like working at this facility, but I'm worried that his lies are going to get me fired. I really don't know what to do. Any suggestions?

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Patrick, Esq.

Doctoral Degree

 
16,810 satisfied customers
I have been told weeks that there is no work

I have been told for 2 weeks that there is no work for me and i am a seasonal employee. then today i recieved an email. that says this word for word. Fran, This letter is to inform you of several circumstances that has occurred since your employment wiyh ************ Inc. Because of these cicumstances we can no longer keep you employed and we feel it would be of best interest for you to part ways and for us a better atmoshere here at *************. Recorded circumstances are on file.So I responded with: I would like to know what these circumstances are as I have never been made aware of them and it is my right to know. I also have not been paid and by law you have 24 hours to do so. Thank you, FranI am a salaried employee.

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
A bit of background: I am a therapist who worked in our local

A bit of background: I am a therapist who worked in our local hospital. I resigned from my job, as my boss was bullying me, aggressively writing me up, obviously targeting me and I was presented with the written threat to fire me if any other write up was done or complaint were received. My blood pressure went sky high and my MD placed me on family leave. On my last day , he was bragging to other therapists " today I got rid of Lori (me). First Kathy (the speech therapist), then Lori and the next is Todd" He waited 1 week , and started writing up Todd. Yesterday , my this former Boss was fired. Question: Is the HR file on me, reversible? I know it is a legal document, with my responses to the write ups basically nullifying the accusations as part of the legal document.At this point, can they view these documents as part of his "plan" that he was was fired for, and "erase" them?I want to return to work, per diem, as I am a specialist (certified hand therapist and certified lymphedema therapist) and they had to refuse patients needing these services when I was forced to resign. But I can't return, if any complaint comes in, I am fired. I have had only 5 complaints in 42 years, all under him. We have a retirement town of complainers, literally, especially so they don't have to pay their part of the bill.

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ScottyMacEsq

Doctoral Degree

 
22,062 satisfied customers
I have been working on a project than three years.

I have been working on a project for more than three years. In addition to a salary, I am paid per diem, which is billed in full to the client as "living expenses". After one year on the project, my per diem became taxable. My employer deducts both the employer's portion and the employee's portion of FICA from the per diem that was originally paid to me in full. In other words, the employer remains "whole". Moreover, once the FICA thresholds are met, the employer continues to retain the "employer's portion" without justification. While unethical, is it legal?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,286 satisfied customers
I am currently a temporary employee with a larger retailer.

I am currently a temporary employee with a larger retailer. I chose to be 'temporary' because I live in Ft. Myers,FL but the job is in Jacksonville, FL. In order to accept the position without relocating I am paid an hourly wage that covers both salary and any expenses that I may incur (hotel, car rental, etc.) without having to go through a consulting agency. This allows me to retain the entire hourly rate as well as putting the company in a position to pay a lower rate than what would normally be charged by an agency. Both sides are satisfied with this arrangement. I am considered an employee not a consultant and am eligible for the normal employee benefits, i.e., insurance, 401K, etc. My question is, can I charge them for the TIME spent traveling to and from the business site? It normally takes me 5-6 hours of travel time each way and I, obviously would not be spending these hours in travel if not on company business. Please advise.

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
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