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Recent Terminated for Misconduct questions

I have been offered a Voluntary Separation Agreement by my

Hi, I have been offered a Voluntary Separation Agreement by my company. I wonder if I am eligible for unemployment benefits. HR tells me if I "resign in lue of termination", I would probably be eligible. Is this correct?JA: Have you documented this or discussed it with HR?Customer: YesJA: Is the employment agreement "at will," union, full time or part time?Customer: at will full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LawTalk

Attorney at Law

Juris Doctor

36,432 satisfied customers
If I sense that my company is building up a case to fire me,

If I sense that my company is building up a case to fire me, what can I do?JA: Have you documented this or discussed it with HR?Customer: No I am being pulled off projects and I noticed my access to resources are diminishingJA: Is the employment agreement "at will," union, full time or part time?Customer: I think it is at will I am full time I am actually pretty senior at my jobJA: Anything else you want the lawyer to know before I connect you?Customer: I am female in my mid-40s and have been at the job for 11 months

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,466 satisfied customers
I am a federal employee and I am about to resign from my

i am a federal employee and I am about to resign from my position before I get terminated for misconduct. any advice on what to put in it or i should knowJA: Have you documented this or discussed it with HR?Customer: no not yet was going to write it up today. I have been advised by hr that i was under review. i just want it over with already and move onJA: Is the employment agreement "at will," union, full time or part time?Customer: fulltime 14 yearsJA: Anything else you want the lawyer to know before I connect you?Customer: so it this free

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LawTalk

Attorney at Law

Juris Doctor

36,432 satisfied customers
I have just terminated an employee in California for poor

I have just terminated an employee in California for poor performance? I am actually not opposed to her being able to collect unemployment. Is she eligible?JA: Is the employment agreement "at will," union, full time or part time?Customer: At will, we do have a signed letter agreement and it was a full-time job. she had worked for us about 1.5 years.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Anything else you want the lawyer to know before I connect you?Customer: no, that's it.

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Loren

Juris Doctor

42,580 satisfied customers
I have been a paralegal/legal assistant for over 25 years- I

I have been a paralegal/legal assistant for over 25 years- I live in VA and was recently fired from employer (law firm) after being hired 3 months prior. Temp HR rep came to office and told me I was being fired. I was shocked and felt she must of mistakes me for someone else. I asked why and she told me my boss (shareholder) called her 2 weeks prior to fire me. I asked for what. Was told for speaking to a plaintiff counsel in a rude manner over the phone. I explained that the SOP in the office was that the attys took all their own call directed to them through the firm receipt. in the Richmond office. That since I had been there I had not spoken directly with any outside counsel, only to paralegals and clients. During my 3 months at the firm, the atty and associates only praised me on m work, and had recently taken to lunch to make sure I was happy their and I asked directly if they were happy with me, they answered "yes of course." I was never called or approached about the alleged phone call - only when the HR rep came to the office - I asked the HR rep if when the shareholder presented her with the allegations if she asked the name of the atty who called, and the facts of the matter. She replied that "when a shareholder calls and says they want to fire someone, I do it - this is an at-will state." The only people present to the firing was myself and the temporary HR rep. My boss and associates were conveniently out for the day, but in the office were two other partners, but were not called into the meeting. I asked the HR for some background and she handed me a memo stating terminated for speaking to outside counsel rudelly. I indicted to her that it was totally untrue, HR rep said it was a done deal and that she did not further check any allegations that the shareholder claimed. I left the office stunned and then emailed my boss and copied the HR rep. to question the termination and further discuss a misunderstanding. No reply from either. EEOC hearing was scheduled and took place timely, the new hired HR rep attended - but after the Commissioner's intro, indicated that the firm was "withdrawing" their claim. I did not receive from the employer my PTO in my last paycheck. I contacted the temp HR rep and was told I was terminated for misconduct and would not receive same. This was before the hearing. Since hearing, it was determined NO misconduct took place. I have again called and emailed the permanent HR rep about my PTO time and have not had a response, I asked for a reply by 11/30/16. Firm handbook indicated that PTO is given upon resignation and termination of employment, up to 35 hours. What is my recourse to this allegation which if wrong and I believe done with malice for some reason I am not aware of; and how do I get my PTO time. Thank your time and I await your response.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: see aboveJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Has anything been filed or reported?Customer: only with the unemployment commissionJA: Anything else you want the lawyer to know before I connect you?Customer: since looking for employment I have noticed the firm posted on indeed my position and now recently I saw the position again open, three months later. Prior to me being fired, I was not approached about the subject matter by either my boss or the temp. HR rep. Any assistance is welcomed. I am worried that the memo is placed my personnel file and that my former employer is giving me a bad reference - since the VEC found no misconduct, I want the memo removed from my personnel file and/or a memo place into my personnel file correcting the misconduct allegation. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,448 satisfied customers
In Mar I began a new job. Shortly after I began, I noticed a

In Mar I began a new job. Shortly after I began, I noticed a shift in the office towards. Nothing huge, but enough for me to begin noting situations. 7 months later there is distinguishable pattern in my boss's behaviors of her targeting me. I was written up for poor job performance. My "training" consisted of incorrect or partial information to properly complete a task, as well as having information withheld from regarding a change in policy and/or expectation. I was also denied training and help when repeatedly asked.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: The regional VP and director of HR made a visit to our site and assured me I would get the help I needed going forward. My boss promised more of herself as well.JA: Has anything been filed or reported?Customer: Im sorry .. KansasJA: Anything else you want the lawyer to know before I connect you?Customer: With my company, yes.

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Phillips Esq.

Attorney

Juris Doctor

21,324 satisfied customers
State is WV. Wife messed up. After 25 years working for the

State is WV. Wife messed up. After 25 years working for the same state agency she got overwhelmed and forged a signature for some auditors. She was immediately escorted out of the building and given work to do at home.This was a week and a half ago. She received no written or verbal notice of firing. She has a meeting with HR this coming Wednesday. I read the employer policy and they can give her a warning letter, demote her or fire her, as what she did is considered gross misconduct. Policy also says they have to give her a written letter of intent to fire before they fire and so far this has no happened.My thoughts are whatever she does, don't quit. If she is fired she can get unemployment and she'll also get her annual leave that stored up as per policy, it's five weeks and that would be very helpful to our family.Any other suggestions? Not sure why she did it, at this point it doesn't matter, she got overwhelmed but the point is it's done and now we're just trying to respond in the most favorable way as our family moves forward. She makes more money than me and has our health insurance and we have three children.

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P. Simmons

Attorney

Doctoral Degree

37,788 satisfied customers
I am under investigation for altering a date in a document

Hi I am under investigation for altering a date in a document what are my options?JA: Have you documented this or discussed it with HR?Customer: Yes they are investigating, I told them what happenedJA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Marsha411JD

Doctoral Degree

19,612 satisfied customers
Our business in located in Tennessee. I have an employee who

Our business in located in Tennessee. I have an employee who is under a workers comp claim and receiving physical therapy for a back injury, however she is able to complete her 40 hours per week under the current work restrictions.Just before she hurt her back, we were getting ready to reduce her to part-time for financial reasons as well as performance reasons.Since returning to work, she has violated her work restrictions (reported working a 10 hour day despite doctor's orders to work no more than 8 hour shifts per day). She changed her own schedule to reflect hours she claims to have "worked from home", all without our knowledge or prior approval. She often works unsupervised in our office and we know that at least once she has shown up later than her scheduled start time.We have also caught her being dishonest about completing work assignments and her productivity has decreased since returning from the injury.I no longer have any trust in her as an employee, but do not want to have to micromanage her every move, especially since I work in a different office.My question is, are we able to terminate or at least reduce her hours for reasons totally unrelated to her workers comp claim?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,306 satisfied customers
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