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Recent employment law questions
I just found out a former coworker was v positive and my
I just found out a former coworker was hiv positive and my boss knew. I work in an elementary school cafeteria ! I was exposed to blood and will be having a blood test next week. What responsibility does the school board have if I'm positive now?
My son who is 34 years of age requires help in looking into
My son who is 34 years of age requires help in looking into issues like this.He has been out of work for over a year on disability. He injured himself on a previous job and required 2 back surgeries that ended with mixed results.He was sent via disability to be retrained for a new career that would allow him to work around his disability namely standing for periods of time. Previously he did manual labor in the HVAC field. He lives at home and now has no income at all. He has diligently been looking for a job in the new field he has been trained for but has been unable to be hired.Can you tell me if he is eligible to collect unemployment and maybe , if so be able to get retroactive reimbursement for the time he has been finished with his new career program until he finds a job.Thank you.David ****************************
I been out of work 3 years,job injury.Shoulder issue,surgery
I been out of work 3 years,job injury.Shoulder issue,surgery therapy nothing worked had a attorney settled my case and I was awarded.So later applied for my disability SSD and won the disability. But here is the cruncher! Next paragraph says with holding it cause of (unclear/vague don't make any sense) numbers yet really saying nothing.Any way their vaguely alluding to me the past year of having work man comp and possibility of my cash award which was offered by the former employer? Not even my lawyer inform me that this would arise? He told me I can apply for it any time.So here I am with dwindling $$$ and no income at all!! I'm 61 years old.I figure the record says I was accepted for SSD,so i guess that would stop me from getting any other help.Thanks for your advice.
I am a chiropractor in Ohio. I have an associate contract
I am a chiropractor in Ohio.I have an associate contract that contains the following:4. Authority and Control of Employer. Subject to national and state canons or rules of ethics, the Employee agrees that the Employer shall have complete authority with regard to the acceptance for treatment of (or refusal to treat) any patient or prospective patient. The Employer shall direct and control the assignment of patients to the Employee and shall have complete authority with respect to the establishment of the appropriate fee for professional services. The Employee shall perform professional services on behalf of the Employer at such times and places as the Employer shall determine, and in accordance with such rules as the Employer may establish.5. Compensation. The Employer shall provide the following compensation to the employee:(a) During the term, the Employer shall pay the employee 33% of the Employee's individual total monthly gross collections total, less all applicable withholdings. This compensation will be divided into 2 equal payments the following month on the 5th and 20th. If the Employee is terminated for Cause or terminates his employment other than due to death or permanent disability, the Employee shall be entitled to a prorated portion of the 33% Employee individual total monthly gross collection for that month.The way this is played out in my office I am made to see my employers patients as well as my own. His patients are billed and tagged to him so I receive no compensation at all to see his patients.To my understanding, I am being contractually obligated to work for free.Is this legal? Can I demand retropayment?Is not being paid 33% "just cause" to quit?
My Husband works(worked) Department of Transportation
My Husband works(worked) for Arizona Department of Transportation (ADOT) and was injured on the job back May 2014, and is still off of work . He has been receiving Worker Compensation during this time. My Husbands employer (ADOT) severed ties with him the first quarter of 2016 & now my Husband has a interview this week with his former employer to hopefully be rehired, my question is what if any are my husband's restoration rights regarding being rehired at the same pay? If he cannot get reinstated at the same pay grade is there any recourse we have for the past two years of loss of quality of life etc...Sincerely,Frustrated
I was a Louisiana State Employee hire date 11/18/1991 fire
I was a Louisiana State Employee hire date 11/18/1991 fire date 12/14/2006. I had suffered with back and neck pain and mental health problems since 1993. During 2006 my mental health began to deteriorate to the point I could no longer do my job. I was placed on extended sick leave by my manager on 8/31/2006. My psychiatrist at the time refused to say I was disabled, so my manager fired me on 12/14/2006. After that my psychiatrist lost his license to practice. I tried to get another job, but could not do the interview process. I was completely out of my head and went and withdrew my retirement to live on. My new psychiatrist verified me permanently disabled in 2009 and I was put on SSI, Medicare and Medicaid. I was just wondering if there is anything I could do against my former employer the State of Louisiana.
My husband was employed by a clinical lab years. In
My husband was employed by a clinical lab for 21 years. In August he was having memory issues at work & his doctor suggested that he take 6 weeks off to get tests done to determine what was wrong. The drs didn't find anything so He went back to work after that.. The paperwork for the FMLA was due on Dec. 23. His doctor faxed it over on Dec. 22. My husband got fired on Dec. 28 due to insufficient paperwork.. They claim they never received the paperwork. It took over a month to try to get info about where the paperwork went to. We finally got an advocacy specialist from the company's insurance company to help us find the paperwork. They never found the paperwork. We sent the paperwork again. The company finally got back to us and said the termination stands. ( we have the fax confirmation that confirms the dr sent the fax to the disability manager at the insurance company with the date of Dec. 22 and the number of the disability manager).All my husband wants is compensation for the time he has been out of work up until he can get his permanent disability which will be in about a year. His salary was about $35,000.Does he have a case? Is it unreasonable to ask for this when he was fired unjustly? We would greatly appreciate some insight into the law and his rights.Thank you so much!
I have recently been put on permanent restrictions due to hip
I have recently been put on permanent restrictions due to hip pain. I cannot walk very far, I cannot stand in excess of 10 minutes per hour. I was told by my employer that there is no position for me at the company. The job I have been doing since coming back from surgery was a temporary job created for me, but they are unwilling to make it permanent. Do I have any recourse?
I have a question pertaining to a possible downsizing nextView more employment law questions
I have a question pertaining to a possible downsizing next week. I live in Nevada and the company is based out of New Jersey (Valeant Pharmaceutical's)."Work at Will State." We have been in the news the past 9 months and our stock went from $260.00 share to close today $28.10 (up 6.84). Our CEO has been under Federal investigation by Congressional Committee and SEC. He just resigned last week. Hillary Clinton has targeted our Canadian based company (they own Bausch & Lomb). I have worked for them since 8-15-15 in the capacity of a Federal Account Manager (only 9 of us in the company). My sole responsibility is for the entire VA Health system in CA, NV, Hawaii & Guam. I call on Pharmacy Directors and present a clinical and economic business presentation.We were told today that the company is undergoing a organizational structural realignment, which is code for upcoming layoffs. My VP of Sales (who hired me) was let go yesterday (last day of year merger to take advantage of buy-out).I have heard they are going to reduce our current team from 8 to 4 (based upon most likely geography location and salary). They usually use an outside company.I will probably be one of the two selected for the West. I do know that I am on the lower end of the salary compared to my colleagues and I believe my location would be more desirable for travel, to cover an even larger territory, but it is a crap shoot. The other employee has tenure and his base salary is higher and he lives in Washington State.My question is this;1) I have been in the Industry for over 17 years (58 yrs old) and suffered a major M.I. on July 31, 2009 and had to be life -flighted for an emergency catherization. I have two stents in my heart and my doctor has classified me as a Class IV cardiac condition according to the American Heart Association and has given me permanent disability status.If they try to displace me next week, do I have a case to be made for retention under the ADA laws?Kind regards,Ed Wetta4060 Desert Fox DrSparks, NV 89436
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude