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I have a question regarding receiving unemployment benefits.

Hi, I have a question regarding receiving unemployment benefits. I recently resigned because my employer made me work past my normal hours on a daily basis. I had to ask permission to leave at 5:00 because we were short handed. This has been going on for 8 months. One day I had to stay and everyone else left. My supervisor let the other person go home and work and then she left for the day without even saying anything. I was the only one left in the building besides one director. I had a meeting with management a few days later regarding the issue and nothing was done. My supervisor lied and the VP of operations was a bully throughout the meeting. I left the meeting in tears and knew I had to resign. What are the chances of collecting unemployment until I find another job.

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Marsha411JD

Doctoral Degree

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I would like assistants in determining if our employee is

i would like assistants in determining if our employee is exempt of non exempt.she is a Physician Assistant that is salaried "professional learned science" and works 37 hours a week to see patients.i need to find a lawyer to help me work thru this exempt vs non exempt so that i may understand how best to treat her, if she needs to make up days etc.Exempt or non exempt, that is the question?We are a medical office, and we would like to ensure that we are one the correct side of the law when it comes to our medical providers.There are several situations I will describe. Post reading them I would love to see about getting a formal letter stating which direction we should go with our medical providers.a) Mid Levels (Physician Assistants/Nurse Practitioners)They are contracted to work 37 hours a week. The providers are scheduled 3 ten hour shifts during the weeks and one 7 hour shift on the weekends. (The do get a 30 min lunch each shift)So in reality their patient hours are 35 hours…as we say a 10-8 shift (with a 30 min lunch) total hours they are at the office is 10 so we pay them straight thru.(This raises another side question: Since we pay them salary, but often break it down into hourly, to figure out somethings, when I break it down to hourly, would I do Salary/52 (weeks per year)/37 (hours a week they worked) = hourly pay OR would I do Salary/52/35 (cause that is actually “worked” hours a week?... )Back to point.Where we struggle.Snow days, training, working extra in the same week beyond 40 hours.One subject at a time:Snow days: We have an office policy that is in our employee handbook, that states, in the event of inclement weather and the practice is forced to close (management choice to close), then the providers are asked to make up another day for those hours missed working.The way the company sees it, is that we contracted the mid levels to work 37 hours a week, if they cannot work due to snow on Wednesday and we loss those 10 hours of patient care, we ask that they make up those hours on another day in the next two weeks.Is this something that is ok to do or not?I know it is based on if they are exempted or not, and that is why we are seeking legal advice.Working extra in a week:This is a two fold question:A) What if we design a providers schedule to be 41 hours one week and 33 hours the following week for a total of 74 hours every pay period.As you can see the provider could be possible viewed as working overtime in one week by an our if she is not exempted.However, if the provider is exempted then this would not be a problem.So can a provider wish to work this schedule and can the company allow it without having to deal with over time issues?B) If we have inclement weather, and ask our providers to make up the time, if they are working a 37 hour work week, if they make up another day of 10 hours, you can see that would place them into over time IF they were non exempt.We simple want to ensure that we are following the letter of the law to ensure that we are treating our employees according to state law.Training:We deal with machinery, such as lasers, that require advance training. This training we have done on and off patient hours… meaning, we have blocked patient hours to due training, and we have also schedule training on staff day off.Training helps the staff be better at their jobs to perform better care.IF we require staff to come in for training, does that also count as hours towards “working”Cause I read things like this… and then I get confused.Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities must be counted as work time unless all four of the followingcriteria are met: (1) it occurs outside normal scheduled hours of work; (2) it is completely voluntary; (3) it is not job-related (unless the employee attends an independent school or college on his/her own initiative outside work hours); and, (4) no other work is performed during the period.Making time up:If that provider wishes to take an hour earlier off, then we can require that provider to work an additional hour on another day.Our mid levels work an average of 37 hours a week in a 4 day time span, 35 hours seeing patients, and 30 mins daily for a break, which the company still pays them for.They are salaried yearly and we get paid 24 checks a year (1st and 15th ).They also get 3 weeks vacation, and other perks.Why we think our Providers are exempt: (Please correct us if we are wrong)Learned professionalsEmployees, including PAs, are considered “learned professionals” w

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Infolawyer

Attorney

Juris Doctor.

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What should I do to protect myself against an employee that

What should I do to protect myself against an employee that I feel is setting me up for a law suit?The situation is that she was working alone in my retail store; as she has done since hired. A 'bum'/person walked in and started shoplifting a lot of merchandise. My employee physically got between the shoplifter and doorway to have shoplifter empty the bag. Shoplifter did empty bag, threw inventory and pushed employee as shoplifter exited store.Employee called the police and really, really make this a big deal. Employee closed the store after incident without our permission. We learned store closed and re-opened.We understood and have been compassionate to employee; giving her full day pay...even though she closed the store.We then offered to schedule more than one person on her next days and all remaining shifts. She called this morning saying she's still not comfortable. So, we offered to transfer her to different location that has in mall security guards. Employee still not happy. We can feel her goal is setup lawsuit now. She's telling us that we need guard at location even if she's not working there. (We are located in city on very popular better shopping area; where no stores have guards)She's escalating the push that occurred to a hard slam against wall, took pictures of her 'cuts and bruises' but she didn't know we have video that showed there was really only a slight graze/mild contact maybe when shoplifter walked out. Employee backed off her story when told her we have video. Now employee wants the video.What should we do to fully protect ourselves here; but also not looking to escalate and create more of problem and add legs to her case?Do we contact police to give the video we have?Do we give the video to employee; as she requested?I really feel this is a setup...and don't want to play into this more; but also don't want to leave myself open to a lawsuit.

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Infolawyer

Attorney

Juris Doctor.

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I want to wear a better hard hat than my company wants me to

I want to wear a better hard hat than my company wants me to wear. It's the same color but rated better and it shields my ears from the sun. Do I have grounds to stand on with wanting to be safer from the elements

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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14,790 satisfied customers
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 been fired my own cell phone at the gate it is being

I been fired for throwing my own cell phone at the gate it is being called "workplace" violence. Can this go on my record. I didn't verbally or physically harm anyone. Can this really be considered "workplace" violence?

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Samuel II

Attorney

Doctoral Degree

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31,624 satisfied customers
I asked my employer disability accommodation, to be moved to

I asked my employer for a disability accommodation, to be moved to a quieter area to work. They told me that I needed to give the EHS manager a list of my medications and allowed me to move then asked for medical documentation. Since then they have threatened every other day to take away the accommodation and have told me that I only have 30 days to complete this or my accommodation request will be denied.

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Dwayne B.

Juris Doctor

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34,800 satisfied customers
I was recently let go from my job, my question is do I have

I was recently let go from my job , my question is do I have any recourse. I was told my department was being shut down and not to worry I will be moved to a new program . I did not receive Ny training and had only phone and email contact with my manager. I raised a lot of question about the work quality from our allied contractors and feel that could have played a part in my termination. When I was let go I was told the reason was because my program shut down, but it was my understanding that I was moved to another program.

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Patrick, Esq.

Doctoral Degree

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17,140 satisfied customers
If you worked in and area where there were many types of

If you worked in and area where there were many types of refrigerant gases such as R-22, R-134a and 410a along with welding gases and became sick, because of lack of good ventilation and you complain to your supervisor, but he would not do anything to try to fix the problem. Until you call out sick then almost a week later, they call you while out sick and said you are terminated.

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Marsha411JD

Doctoral Degree

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18,666 satisfied customers
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