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I have a manager whose position we eliminated. This manager
I have a manager whose position we eliminated. This manager had been working for our company for six months and had poor job performance. We decided the position was no longer needed due to payroll cuts and laid this person off. The manager stated that they should have been offered another job which we did not. We did not offer another job for the fact we recently only hired part-time staff no full-time staff for that department to assist with payroll and did not want to chance a disgruntle person who had poor job performance staying and affecting other staff members. When this lay off was presented to the manager it was explained that the position has been eliminated and gave this person a pink slip to collect unemployment. Since then this person has called and left us a voice mail stating that the unemployment they are getting is not enough money. That they contacted an attorney who said they have a case against us for wrongful termination. They said in order for this person not to pursue legal action against us they want $100 in severance for every week they worked totaling $3000 otherwise they are going to sue us. This manager was not only paid 8 hours for the day we laid them off we also paid them for the three additional days they were due to work that weekend. My question is does this person truly have a case against us? We truly did eliminate the position we will not be replacing that position and can this person demand to be paid, we feel this is a form of extortion and do not want to respond to their voicemail.
I have a question regarding group LTD insurance. 1. TIME
Hello sir, I have a question regarding group LTD insurance. 1. TIME LIMITS: NOTICE OF CLAIM/PROOF OF CLAIM/STATUTE OF LIMITATIONS A. Notice of Claim/Proof of Claim Most benefits plans have requirements regarding the timing of both the claimant's noticeof claim and the more formal proof of claim. These requirements are found within the terms of the plan which may be either in the summary plan description (SPD) or the insurance policy if such exists. The notice of claim can generally be described as the initialnotice to the administrator or the insurance carrier that a participant is claiming, or is intending to claim, certain benefits under the Plan. In contrast, the proof of claim is the statement of facts, usually along with supporting documentation that provesfacts supporting the claim and the triggering of benefits afforded by the Plan. Both the notice of claim and proof of claim are generally required to be submitted by the participant to the proper administrator or fiduciary within certain prescribed periodsof time. The notice of claim is usually within thirty (30) days of the event triggering the initiation of a claim and proof of claim is generally required to be given within one year of the claim or benefit-triggering event. The issue arises when the claimantdoes not or cannot give either timely notice or timely proof of claim or both. What is the effect of a claimant's failure to give timely notice of claim or proof of claim? In Texas and thirty-seven (37) other state jurisdictions, the notice-prejudice rulehas been adopted. PAJ, Inc. v. Hanover Insurance Co., 243 S.W.3d 630, 634 (Tex. 2008). The application of this rule requires that the administrator first prove that it has suffered actual prejudice as a result of the late notice or filing in order to raisea claim forfeiture defense. Although a “state law”, the doctrine is not preempted under ERISA due to its direct regulatory effect on the business of insurance. UNUM Life Insurance Co. v. Ward, 119 S.Ct. 1380, 1386-1387 (1999). Therefore, before an administratorcan deny a claim on the basis that either notice of the claim or proof of the claim was not timely filed by the claimant, it must first be shown that the Plan suffered actual prejudice as a result of the delay. Without such showing, the delay cannot effecta forfeiture of the claim. 1) Is Ohio one of the 38 states where the 30 day clause applies? 2) I was officially diagnosed with a major depressive disorder, generalized anxiety and OCD in 01/2015, and on May, 2015 I was also diagnosed with PTSD. I was approvedfor intermittent FMLA in May, 2015. However, in June, 2015, I took time off work due to worsening conditions, and I have not returned to work since. I'm still on FMLA. However, my FMLA will expire this month and HR department recommended LTD, which I'm inthe process if filing. I was supposed to return to work July 22, 2015, but my depression, PTSD and anxiety became much worse and I had attempted suicide which resulted in a pink slip to an inpatient psychiatric hospital. As soon as I realized that I'm notgoing to be able to come back before my FMLA expires, I called the benefits department regarding LTD, and initiated the claim. Do I meet the 30 day clause requirement?
Dear Friends,I was a teacher in a BIE school administered
Dear Friends,I was a teacher in a BIE school administered by the Cherokee Nation. When a new chief was elected in 2011, I was terminated as part of a "re-organization". In fact I was let go because I had supported the previous chief and my job had been promised to relatives or supporters of the new chief, deputy chief, etc. Now they are claiming it was only because contracts they hd forced us to sign had expired. We were not given the same rights as other Cherokee Nation employees concerning firing without cause, we received less than two weeks notice, and there was no due process. Please help!Geary CroffordTahhlequah OK
Can I get a stay on possible termination by making a case of
Can I get a stay on possible termination by making a case of discrimination or as a fallout of complaining about my boss?I am an Asian male, 47 years old. I had complained about my boss & as a result I was moved from my position, with the assurance that I would be placed in some other account but so far nothing has happened. As my replacement they took a Caucasian lady. After a month HR is now threatening me that I will be released unless I find some project. I haven't got anything in writing from HR on the termination date yet, but is there any way to get a stay against my possible termination? Or should I wait and file a lawsuit once I get the official pink slip? I have been with this company only for 4 months and have no official (verbal or written) feedback about my work.I have an "At-will" employment agreement & am working out of Dallas.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
Hi, Thank you for your help. I was a new teacher with
Hi,Thank you for your help.I was a new teacher with a first year probationary teaching contract that states I could be dismissed without cause in a public school. My job was in California. I stayed until the end of the school year.The principal was quite harassing towards me (after school) and it made for a traumatic and frightening relationship through the year. I stayed for the year as I know that leaving mid-year looks bad on an employment record and I have no proof of the principals' harassment that occurred after school.It did not come as a surprise, at the end of the school year that the principal did not want to renew my contract and gave me poor evaluations. I was devastated as I loved the kids and my job but he knew the possible consequences for his behavior or even me telling my story and he needed to get me out. I sadly knew this was coming when I refused to acquiesce to his advances.Adding to my trauma, the evaluations were untrue but the teacher's union told me that “due process” was simply a courtesy as I could be dismissed without cause. They also told me that if I was not careful, I could be dismissed “on the spot” with this type of contract. No procedures or district policies were followed properly. I was not given a pink slip and I can't remember if I was given written notification (I don't think I was and I was unaware it was necessary). The teacher's union official could sometimes be misinformed as to the appropriate legal guidelines and was willing to only briefly (barely) speak to me over the phone. Therefore, at times, I felt unsure if I was getting 100% accurate advice.I told them about my experience with the principal and they told me I needed to draft a letter which would be presented to the principal as a grievance. I am sure you can anticipate the denial and likely retribution that would occur so I declined the inevitable conflict as I did not have proof beyond my story. It was an “un-winnable” battle. They suggested I just move on at the end of the school year and I agreed.Awful as this is, I just wanted to get out of that environment so my questions pertain to my future employment. I have been traumatized enough, I would be devastated to have a black mark on my employment history as well.I moved to Connecticut. These questions are required on many Connecticut teacher applications for public school position:“Have you ever failed to be rehired, been asked to resign a position, resigned to avoid termination, or terminated from employment?”Have you ever been subject to a 10-151 (failure to renew or termination) proceeding related to employment? Note: I never had a proceeding as that is what seems to be required in Connecticut. I am not sure if it is required in California since so many procedures were not followed.And you sign an agreement at the end of the application saying:I certify that the information given by me in this application is true in all respects, and I agree that if the information given is found to be false in any way, it shall be considered sufficient cause for denial of employment or discharge. I authorize the use of any information in the application to verify my statement, and I authorize past employers, all references and any other person to answer all questions asked concerning my ability, character, reputation, and previous employment record. I release all such persons from any liability or damages on account of having furnished such information... add signature...My questions are:Can I answer that I never failed to be rehired since I never asked to be rehired? I believe that in many schools, the tenured contract automatically continues but this is a probationary contract.Since the human resources' laws vary from state to state, can this school district's human resources in California reveal to future employers about the reasons for my leaving? i.e. non-renewed contract from their perspective or do they have to say that reasons for leaving are confidential information? What information are they allowed to convey?
It has been 30 days since my wife was off due to a "reduction
It has been 30 days since my wife was laid off due to a "reduction in work force" and told she would be eligible for unemployment benefits. When we contacted the Department on Employment office to check on the status of her claim, we were told that her employer has not yet responded to the verification request. We are now a month without income for her and I don't understand why her company has not verified since she has a pink slip that clearly states "reduction in work force". How long can a company delay this and what is our recourse because of their delay? I should have read this more closely as I was not aware that you were only California Employment Law attorneys. We are in Florida so I just wasted money I don't have.
Have been with a company for 17+ years received excellentView more employment law questions
Have been with a company for 17+ years received excellent evaluations & pay raises. Recently, manager has used unacceptable lanuage that did not change after I spoke to her. I explained situation to HR & she did not deny it. However, after that I receivedseveral inappropriate warnings & called to her office every other day. I requested to move to another dept but HR refused as one cannot transfer with a warning in place & my manager would not remove it. In the end, I couldn't sleep & has chest pains. Neededto go to a cardiologist several times & go through multiple tests. I was offered a 6 month severance package with medical benefits & accepted. I am having an unemployment hearing Friday & was wondering what to say when asked what happened that I no longeram employed. It was a mutual agreement & the company wrote they will not contest unemployment.