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Recent Public Policy questions

I think I have a good suit against my company. I just got

Hey. I think I have a good suit against my company. I just got fired from a trucking job. I also have an excellent constitutional suit worthy of the SCOTUS, but that takes a long time and doesn't pay any money. So what I need to know is the nuts and bolts of how to file a lawsuit against my company. They have a terminal near the Atlanta airport, a home base in Morris, IL, and corporate offices in Louisville, KY. I could file in Atlanta, right? I'm going pro se, at least at first. If it doesn't settle quickly I'll hand it off to a lawyer for a cut.

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Dwayne B.

Juris Doctor

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I was terminated from my job. the stray cat's in the parking

I was terminated from my job. for feeding the stray cat's in the parking lot where I worked & I was off the clock.. after I was fired they then said it was against company policy. I had no info on this policy & other employees did not either. I was told by a manger it wasn't a good ideal o to that. the cats are even inside the building. now if I was on the clock & knew it was a policy & done it then I would understand

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Dwayne B.

Juris Doctor

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I recently had an oral contract with a tutoring firm at

I recently had an oral contract with a tutoring firm at which time I was clear, orally and in writing, that I was not qualified or certified for special ed children. When I declined to accept a position involving a child handicapped by severe physical and learning disabilities, I was fired. The tutoring firm was looking for a body and not a match. Best forum to file complaint?

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Ely

Counselor at Law

Juris Doctor

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Re: Fired and told to sign Severance and Non-Solicitation

Re: Fired and told to sign Severance and Non-Solicitation agreement. 2 questions below:Two days ago I was fired w/ the excuse I didn't move to the Bay area "as agreed by July 1st" which is a total lie. Anyway, they fired me for this and immediately put two forms in front of my face with a pen. And said we need you to sign a few things. In hindsight was wasn't in my right mind in such a stressful situation. Additionally, I felt coerced to sign.Form #1: Non-Solicitation Agreement (title of form) says for ONE YEAR, employee shall not directly/indirectly in ANY capacity do the following 1) Solicit, cause or induce or attempt to solicit, cause or induce any employee, customer, distributor, supplier vendor, manufacturer, representative, agents, jobber or other person transacting business with the company or its affiliates to terminate their relationship or association with the company or its affiliates, or 2) solicit the services of any person who was employed by the company or its affiliates within the prior six months. Notwithstanding the foregoing, neither bona fide advertising to enroll students generally nor bona fida solicitations for general employment by successor employer of employee shall be deemed a breach of non-solicitation covenant above, regardless of whether Company students or employees respond to the advertisement or solicitation and are enrolled or hired by such employer.By your signature below you acknowledge that you have read and understand the Non-solicitation agreement that you agree to comply with all of the terms of the agreement.I wasn't given ANY consideration for this agreement and additionally how in the world can I work for a competitor with such limitations I wont' be able to even work for one year in the same industry.Form #2: Severance agreement that basically wipes away ALL my rights for ANYTHING. I received consideration for this one at 1/2 months pay or $3,100. Seems like a great deal for the employer to fire someone and avoid any claims for two weeks of pay. THey fired me for a totally silly reason. I never had an agreed upon day to move to the bay area. They paid another person in the bay area nearly $9K more annually than me with the same title and I was trying to negotiate a proper salary for moving to such a high cost of living area. The big question - why they paying other guy w/ less experience and same title $9K more than me but REFUSED to increase my pay.Questions: #1: I really wont to get out of the non-solicitation agreement. How do I do that? All competitors have the same customers, vendors, etc - I'll be jobless for 1 year with such an agreement.Question #2: I really think I need to revoke this severance within 7 days. two weeks pay seems like chump change for all I'm giving up. I'm thinking I could at least write them revoking it saying I need to revoke this to have time to seek counsel to review it. If I was given something more substantial I'd consider a severance.

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Gerald-Esquire

Juris Doctor

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If the supervisor did an inspection regarding the work

if the supervisor did an inspection regarding the work performance, less than a week later can i get suspended for poor work performance ? even tho we past inspection?

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Ely

Counselor at Law

Juris Doctor

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I am 58 years old female worked with the company years union

I am 58 years old female worked with the company for 5 years for the union in Seattle being a union representative in call center.On 6/29 my employer sent me on administrative unpaid leave during investigation on some correspondence/statement they found in media about bad job conditions and possible discrimination of people of color and immigrants in our call center.Director of my call center told they think I let media know because I am one of the representatives of Racial Social Justice Committee of our union and was active in open discussions about discrimination in organization and in our department particularly during our meetings.I am not the author of that media statement, but director of my call center presented me paper that I am on administrative leave until the end of investigation as long as they need.The period on this leave is unclear and employer is not responding on my request to let me come to work or pay my administrative leave. I have two old parents I support and have to pay rent and bills. I also have some health problem after working for 5 years in pretty stressful environment being on the phone for 8 hours a day and need to keep my dedications. I do not even know if I am eligible to keep my health benefits during administrative unpaid leave. Please, advise.Svetlana Plummer

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Dwayne B.

Juris Doctor

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I was being interviewed by a Salon owner here in Lynchburg

I was being interviewed by a Salon owner here in Lynchburg Virginia who told me that if for any reason I left that Salon I would not be able to work in another Salon or do hair within a 30 mile radius because they will have me sign a non compete stating as such. I have heard that Virginia is an "at wil employment state" and that they could never take me to court over that. Is that true?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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My supervisor red me as a nurse in workers compensation. She

My supervisor hired me as a nurse in workers compensation. She knew that my background was in medical bill review, case management and geriatrics. She is constantly calling me into her office to discuss why I am not asking more questions. She demands that I send my questions to my colleagues and also to her. I really don't have a lot of questions. If I do go to a colleague and ask a question verbally I am reprimanded and told that I must submit my questions via email. I recently verbally asked a question and my colleague reported back to my supervisor that I got huffy. When she abruptly responded that she did not have time for my question I just said, "whatever I guess I'll work on it later" and just walked away. I would not describe that as huffy. My supervisor also regularly asks my medical director if I am giving him all the information he needs for review of cases. If there is even one thing that I missed she brings it to me as if I am the worst employee in the world (this happens on a weekly basis, sometimes daily)I recently had a situation where an MRI clearly stated that there was a meniscal tear and the medical director advised that there was not a tear and advised that we should not pay the claim. The claims adjuster brought it back to me to find out why he said there was no tear. I told him that was what our medical director said. We went back to the medical director and he again said that he did not believe there was a tear even though it said on MRI that there was. He agreed that we had to cover it because it the said it was there. He said that sometimes doctors will say there is a tear to justify doing the surgery. Personally I think that he did not see the tear the first time that he looked at it. Now every time that I bring a case to him to review, he tries to find something that I missed and point it out. I am starting to feel uncomfortable and isolated at work. What can I do about this?I think my supervisor and teammate are conspiring together and now because I found something the medical director did not see he is now causing me issues. My supervisor states that I have not progressed the way she would like. I have never had any complaints on my claims and I guess I just don't understand what she is referring to. I had a claim today in which the guy was injured when a suitcase fell of a desk and he tried to catch it and injured his lumbar spine. A couple days later he was attacked by one of his autistic clients. When I took it to our medical director he asked my about the attack that was noted and I told him that the gentleman was attacked an his glasses were pulled off and he quit his job after that. My supervisor obviously asked him about the cases I reviewed with him and he pointed out that I did not initially mention that the gentleman was attacked after the initial injury. Even though I did answer him and tell him about the details of what happened. It seems as if they just try to find things to bring to me on a regular basis. I am really frustrated and I feel almost harassed. What can I do?

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Dwayne B.

Juris Doctor

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I started a position in April with a nationwide company.I

I started a position in April with a nationwide company.I went through background and employment checks as warranted for my position. Last week I got a call from an investigator ( I'm not sure with HR or affiliated with company) asking me questions about my social media (facebook, google, etc) even as far back as last year when I wouldn't have had access to this company's equipment anyway as I was not an employee. At first I thought it stemmed from a woman who disagreed with my political views at a sales dinner and that she had prompted this. However, now I am not so sure. . I answered the investigators questions and she came back and agreed that my facebook info and my web searches were within reason. I thought this was over with. After a few more days, I get another email. She is now questioning my visit to some porn site of which I have no knowledge. When I told her that had to be a mistake, she insisted her "forensic team" advised this is definitely my computer. Again, I went back and denied this, most companies block access to any offensive websites anyway, wouldn't even had considered it. I advised that I had cooperated with her "investigation" whatever it is about but that I would not try to explain something I had no knowledge of. She advised we will talk later. I told her my job was in sales and that I had enough to do with contacting businesses and securing new business. That I am busy with my job and clients and that this distraction surely isn't warranted and that I would like to know what prompted it and when does it end. She advised she will call me, the call will be recorded but that the conversation is not to be recorded by me. What am I supposed to do with this. I have been doing this type of job for 21 years, I have never had this type of issue to deal with and quite frankly don't know what my rights are.

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RobertJDFL

Attorney

Juris Doctorate

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