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Recent Terminated for Misconduct questions

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

112,954 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

20,266 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

37,064 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

19,404 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

50,214 satisfied customers
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

22,590 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

18,990 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

18,990 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

18,990 satisfied customers
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