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I have been denied unemployment benefits by the Texas

I have been denied unemployment benefits by the Texas Workforce Commission. The first denial was due to "mis-conduct"; the first appeal was denied because the state declared that I "quit" my job. However, during my "pre-hearing" the tone of the HR manager was on the level of termination. The pre-hearing had a couple of flaws and was not conducted according to the guidelines of the Hospital's policy. I am in the process of preparing for my final appeal with TWC.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: The following Monday, I request to resind my resignation with HR. HR inform me that my manager did not want to accept my request.

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Ray

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Doctoral Degree

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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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I went to HR on my bosses boss. He didn't de the fact he

i went to HR on my bosses boss. He didn't hide the fact he didn't like me. I spoke with the head HR lady and told her about abusive behavior and favoritism examples among other things. She had interviewed me with him. He lied to me and said I would get a promotion on my yearly review. He was gone within a couple weeks. Now I can prove I was harassed by two more and I can't trust her.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IndianaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Oh yes. But what do you need to knowJA: 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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Had a temporary change in Managers. In April, I was told in

Had a temporary change in Managers. In April, I was told in a production meeting in front of others. I was to loyal to the other Manager. I made too much money and that this manager was too good to me. He was not like my previous manager he would fire me, i have worked at the company 9 years never had a write up or a verbal. i got worried about my job at that point. got with my immediate supervisor and he told me to keep doing the right things at the right time.on June 21 st got my first write up and a 3 day suspension. even the director of manufacturing doesn't think the write up is right. returned to work on June 27th got my second write up with a demotion and a 10 percent paycut.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: OklahomaJA: Have you talked to a lawyer yet?Customer: no was actually looking when i saw this online thought i would ask .JA: Anything else you think the lawyer should know?Customer: i got this same manager in trouble about 4 years ago when we combined plants. he was suspended.JA: 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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P. Simmons

Attorney

Doctoral Degree

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In April, I applied Intermittent Leave (American with

In April, I applied for ADA Intermittent Leave (American with Disabilities Act) due to severe side effects my psychiatrist prescribed for my PTSD & treatment resistant bi polar depression. My HR dept gave me paperwork which I turned over to my doctor. HR informed me that I would be able to take the time off I need but that the paperwork must be received in 15 days. My doctor submitted the paperwork on day 16. During that time frame, I took 3 days off to recover and adjust to the side effects of my medication. Because my doctor submitted the paperwork one day late, I received a documented verbal warning from my job for dependability issues. My absences listed on my corrective action were related to my temporary mental disability caused by a combination of mental illness and medication side effects. My doctor has constantly changed my treatment and states the side effects would alter my mental and physical capabilities. It was due to these incapability's that I was unable to attend work, follow through with my doctor to ensure the disability paperwork was sent in at the time frame required by HR, and perform my duties to the best of my abilities. In fact, my doctor had to call the police for a health and welfare check due to these conditions during that time. I tried to plead and appeal my corrective action with HR, just to be denied. Is there anything, legally, that can be done to overturn this corrective action? Or is this disability discrimination? I feel it is totally unjust to hold me accountable when I was not in the right frame of mind during that time. The corrective action stays on my file for 6 months and has prevented me from participating in any special projects, advancement, promotions, and additional benefits provided by the company. Any advice would be greatly helpful and appreciated. Thank you.

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I consulted with a private attorney about my malpractice

I consulted with a private attorney about my malpractice report from the NPDB and he thought nothing could be done by any attorney to either amend the report again or have it voided. Should I continue to look for an attorney who may help in this matter or should I just accept things the way they are and not try to do anything else to help clear my name?

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Dwayne B.

Juris Doctor

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34,782 satisfied customers
I have Chronic Fatigue Syndrome. I was on the FMLA the past

I have Chronic Fatigue Syndrome. I was on the FMLA the past year or two. Last January 2015 I had hip replacement surgery and missed 8 weeks of work. In July 2015 I had knee replacement surgery and missed 12 weeks of work. Those days missed, in addition to sick days, added up to more than the allotted number allowed under FMLA. (12 weeks). In January 2016, I was "invited" to a meeting with the HR manager and my boss. I was informed that HR didn't realize it, but all those days added up together went over my allotted days off under FMLA and I was no longer protected under the FMLA until September 2016. My question is this. Shouldn't the HR manager have made me aware of all this as it was happening, instead of after the fact? Not knowing all the complicated rules of FMLA, I feel that HR was lacks in their responsibility to inform me as time went on. I am eligible, after a doctor fills out the form again, for FMLA again in mid-September 2016. That put me in a difficult position, having an illness, and being unprotected from January 2016 until September 2016. Three weeks ago I asked if I would lose my job if I missed any work. I was told that as long as I give my boss a 'heads up' that I wasn't feeling well and may be staying home the next day, the day missed would be considered an excused absence and would not be counted against me. With that in mind and feeling safe under those guidelines, I stayed home 2 or 3 days when I was ill, having let my boss know in advance that I wasn't feeling well and would probably stay home the next day. Now we're up to present day... Last Thursday, June 16, I was called in to another meeting with my boss and HR. I was told that I'm missing too much work. I was told that "a senior leader had been asking about why I was missing so much work" so they had to revisit the issue. I am wondering if there is any protection to keep me from losing my job if I become ill, considering how all over the board HR has been in this situation. I would appreciate your advice. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,296 satisfied customers
I have been receiving unemployment in Texas. I started a job

I have been receiving unemployment in Texas. I started a job last Wednesday, and it is horrible. Does Texas have a 30-day period where you can basically try to see if a job works out but still go back to claiming your original unemployment? The job I started is not providing me on the job training for my position. They also told me I was hired to be a medical assistant/scheduler, but the people in the office told me I was just to answer phones and take messages Is there any way to go back and still claim my unemployment from my original job?

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Patrick, Esq.

Doctoral Degree

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17,140 satisfied customers
I have worked at horse farm 1.5yrs and Friday my boss texts

I have worked at horse farm for over 1.5yrs and Friday my boss texts me saying "due to budget constraints he was going to have to cut back for 2-3 weeks. Said he simply cant afford to pay full staff for 5 horses, it is only temporary bt I understand if you cant wait 2-3 weeks". 2 days later, I went to the barn to find the only person who got hours cut was me. I am not on the schedule at all! He didn't even give me a 12 hour notice, he text it, and lied about it on top of that! I am a single mother finishing school to get my bachelors degree in health science, I must have $ coming in. Is there anything I can do?

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RobertJDFL

Attorney

Juris Doctorate

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11,840 satisfied customers
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