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Recent Terminated for Misconduct questions

My company was bought out 5 days before my 7th year

My company was bought out 5 days before my 7th year anniversary. Everyone that had their anniversary by 7/31/16 was paid their unused vacation, I did not get any, I was fighting that I should had been paid up to 7/31/16 because i earned vacation from 8/5/15. Employee handbook states:"All employees who have completed 1 year of continuous service may receive vacation with pay. Vacation pay is based on your regular straight time rate of pay and the hours you normally scheduled to work on a work day(excluding overtime). Vacation is allotted on an annual basis in accordance with the following schedule: 1 year but less than 3 years - 2 weeks, 3 years or more - 3 weeks. Vacation must be taken within one year after being granted. Vacation accumulations which are not used may be carried over for 1 year with written authorization from your supervisor. Vacation accumulations which are not used withing the proper time period will be forfeited. Employee with more that one year of service will be paid for any unused vacation that may have, up to a maximum of 4 weeks, upon termination from employment or upon resignation. However, employees terminated for misconduct shall not be entitled to payment of unused vacation". I did not resign or got terminated. The reason they did not pay me is because vacations are granted at your anniversary but this employee handbook did not specify this. Am I entitled to a vacation pay-out?

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Alex Esquire

Managing Attorney

Doctoral Degree

22,112 satisfied customers
Can a former employer get out of paying unemployment

Can a former employer get out of paying unemployment compensation to a former employee if the reason for termination is misconduct?

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
I was terminated from my job of 20 plus years, it was found

I was terminated from my job of 20 plus years, it was found that I was not discharged due to deliberate violations or disregard of standards of behavior in my appeals hearing for unemployment benefits. could there be a case of wrongful termination

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
I was wrongfully terminated, my employer protested against

I was wrongfully terminated, my employer protested against my unemployment benefits, we went for a hearing and I won. Now, I'd like to file a lawsuit against my former employer for a wrongful termination and subsequent damages caused to me and my family.

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
I am currently on a medical leave and was notified by my

I am currently on a medical leave and was notified by my company that my job will be eliminated as of July 10th. I have never heard of a company doing this while an employee is on a medical leave. It feels like they are retaliating because I am on a medical leave. My FMLA was approve. Do I have a case?

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
I was terminated about 90 days after a 7 month medical leave

I was terminated about 90 days after a 7 month medical leave of absence. When I returned to work I was put on a 90 Day performance review. In the commercial insurance business, it can take a year of so to land an account. The day I was terminated 5/9/2016, I was told that " the company made a business decision to move forward without me". Since then I filed for unemployment and have been denied benefits pending an investigation. My employer stated to unemployment that I was terminated due to "misconduct". I do not feel that I have done anything wrong and that they have manipulated my personal file after the fact. Why would they not discuss my misconduct with me first before terminating me if that were the case?What can I do?Thanks *****

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,548 satisfied customers
I am an employer who hired an employee with a bilingual skill

I am an employer who hired an employee with a bilingual skill set. The employee has been providing this service to our patients for >15 months. The employee is now refusing to continue translating for our Spanish speaking patients stating she was not hired for that task and wants more money to do so. This is a travesty to our patients who use Spanish as their first language. We have changed this employees job description to include her bilingual skill set. The employee is telling her co-workers that we cannot do that. Stating that she is being discriminated against because she is Hispanic. Does this complaint have merit?JA: Got it. The Employment Lawyer will know how to help you. Anything else I can tell the Employment Lawyer before I connect you two?Customer: The employee did receive a disciplinary warning for insubordination, after she refused to translate for a patient that had metal in his eye.JA: 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 connect you two.

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
I was terminated because a ex boyfriend whom I have an order

I was terminated for misconduct because a ex boyfriend whom I have an order of protection against, continued to write and call my place of employment, saying I was using and selling marijuana to the children I worked around(Rockford Board of Education as a Head Cashier/Lead Cook), until the school came and tested me, and I tested positive for marijuana. I won my unemployment case against them, because it was hearsay and no misconduct of work involved. Can I sue them for anything like unlawful termination, lost of regular wages, late fees for rent because I had to fight for unemployment?

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
I resigned from my town government jog in New York State

I resigned from my town government jog in New York State rather than face disciplinary (Section 75) charges for misconduct. I signed a very generous agreement, but nevertheless I consider it an involuntary resignation. Will I be eligible for unemployment insurance? I am 65 years old.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
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