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Recent Right to Work questions

Was demoted without notice because I might be leaving the

Was demoted without notice because I might be leaving the company to go back to school in a few months.

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Ely

Counselor at Law

Juris Doctor

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62,752 satisfied customers
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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62,752 satisfied customers
I need clarification of this clause in my current Employee

I need clarification of this clause in my current Employee Agreement, which I signed Oct. 2014. Is the 90 days notice enforceable? What if I give only provide a two-week notice and accept an offer from another company (non-competitive with current employer)? My prospective employer knows I currently work this company (same industry) and requires a copy of my EA before hire. Can I accept new company's offer by end of this week? I am in sales. I live in Dallas county, TX.ARTICLE IITERM OF CONTRACTSection 1. Either party may terminate this Agreement for any reason or for no reason, with or without cause, at any time, upon ninety (90) days written notice to the other party. In the event the Company or the Employee terminates this Agreement by providing the other with ninety (90) days advance written notice in accordance with this Agreement, the Company may decide, at its sole discretion, to pay the Employee for such ninety (90) days period in accordance with this Agreement without requiring the Employee to work during such period. This Agreement may be earlier terminated by the Company immediately and without any prior written notice in the event that (a) the Employee shall at any time fail or refuse to perform Employee's duties in a manner satisfactory to the Company as determined in the Company's sole discretion; (b) Employee's death; or (c) Employee has a disability that prevents Employee from performing the essential functions of Employee's full duties with a reasonable accommodation for a period of ninety (90) consecutive days at any time during the term of this Agreement (those matters listed in this Section 1(a) and (b) shall be referred to herein as for “Cause” termination events).

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ScottyMacEsq

Doctoral Degree

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22,302 satisfied customers
My employer is asking me to agree to mutual separation based

My employer is asking me to agree to mutual separation based on performance. I have been with the company for 15 years with one negative review (development needed) and one documented development plan, of which the requirements have satisfactorily been met. My most recent review was meets expectations. I have received no feedback until two weeks ago that my performance was not acceptable. They have given me no specific data points on how I have not met expectations, just that for my level I am not performing to the required level. I am in Nevada which is a Right to Work state. I work for a large corporation with sites around the globe. Can you tell me what my rights are?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,630 satisfied customers
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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62,752 satisfied customers
I was recently fired from my job performance. I asked my

I was recently fired from my job for job performance. I asked my boss what the issue was with my job performance as the only issue I had in the past was with attendance. I explained while I was being terminated that I had a medical issue with my back that caused me to miss work. I also informed them that I was in the process of setting up an intermittent FMLA so that if future issues arose they would be medically covered. I planned on having my FMLA cover my most recent absences which I believe is what led to my termination. My HR director told me that I should have informed them sooner and that Nevada is a right to work state and that they were going to terminate me anyways. I explained that I didn't inform them sooner because our HR implements a deadline to turn in paperwork and I wanted to make sure my doctor appointment would fall within that time frame. My question is regarding a general release that I was asked to sign. It states that I waive all rights to sue in exchange for separation pay in the amount of $4508. Do I have any basis for a wrongful termination lawsuit? Should I sign the release?

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Ray

Lawyer

Doctoral Degree

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34,438 satisfied customers
Is there anything we're legally required to do when

Is there anything we're legally required to do when cutting staff due to work performance?

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200 satisfied customers
I was recently terminated from my position due to a

Hi, I was recently terminated from my position due to a contractor advising the company I work for to to fire everybody who worked on a specific job. There were seven members who worked on the job, two of which, including myself, were the only ones experienced with the job type. I was called into the plant manager's office yesterday and told that the contractor advised everyone be fired but I was the scapegoat and the only one terminated. I have never been reprimanded and have an excellent work ethic. Do I have a case for discrimination?

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Ely

Counselor at Law

Juris Doctor

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62,752 satisfied customers
I returned from a vacation to find out while I was away my

I returned from a vacation to find out while I was away my direct supervisor started an investigation in my store, interviewed all my managerment team and I was told that the investigation will be complete next week and I am not to disuse anything with my team or I will be harassing them and terminated, I can not work while the investigation is taking place should I request an administrative leave.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I have had on going disagreements with my direct supervisor in regards ***** ***** schedule for the past year and believe this is what she's targeting, I also dont believe she should be conducting the investigation because she will not be fairJA: 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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Ely

Counselor at Law

Juris Doctor

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62,752 satisfied customers
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