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Recent employment law questions
I resigned on January 8th and have not returned back to work
I resigned on January 8th and have not returned back to work since then. I am under contract but I am supposed to get paid on February 5, the days I worked for this pay period I did work. Can they not pay me for these days since I abandoned my contract even if I already worked those days?
Customer: Can a contractor which receives funds from the federal
Customer: Can a contractor which receives funds from the federal government fire an employee "terminated with cause", without informing the employee for the reason for the termination? Employee was a supervisor and needs to find another job, but has no idea why he was fired. JA: Thanks. Can you give me any more details about your issue? Customer: It's for a friend, I don't have many details. He supervised physical security at a military base and supervised 50 guards. My daughter worked for him and thought he was very good. After five years of working constant overtime for them without extra pay, he has suddenly been terminated for cause, without being told why. he still has his security clearance. I will try and help him find a new job, but will need to explain his circumstances when asked. JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: That's fine JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
I was terminated without notice (I learned I was terminated
I was terminated without notice (I learned I was terminated by the atty handling my accident case) after being on long term disability from an on-the-job vehicle accident June 10th 2014.I emailed my supervisor in March that I would be able to return to work in about another month. I got no reply from him but an HR rep called me the next day and informed me that my position had been eliminated and that I could apply for other jobs in the company with no preference. I applied for another position and never received an acknowledgement of any kind.A co-worker and friend told me that they would be refilling the position in Dec this year.I have no documentation that I am terminated. The company sent my friend to my state to collect all my company equipment as soon as I went on LTD in Dec 2014. They plan to refill this position exactly one year after I went on LTD. Does it sound like I have a case? I am in WY and the company is in TX. This has really messed up my life!Thanks for your service and advice in advance.Bryan
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I was employed with a healthcare co years, When I
I was employed with a healthcare co for 12 years, When I started the position, I informed them of my working restrictions from an injury in 1999. I later developed problems in 2013. I was not provided accommodations until 2014. I returned to work withaccommodation, but the employer asked me to perform my duties at 3x the rate of my previous requirements without a change in title or pay. I was unable to meet the requirements and was terminated without notice. I was repeatedly told I was not meeting the"new requirements", however , I was returned to my same role , and told it was a "special project " but the required duties were at a rate three times my original position. There was no job change with human resources and I have filed an EEOC complaint. ShouldI hire an attorney ? or Wait for EEOC to complete their investigation ? .
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I had an employment contract with a company. I was given a
I had an employment contract with a company. I was given a contract to sign which I did and returned. I started working for three weeks under the assumption that we had an employment agreement. I had e-mails stating pay, duration of contract, etc. I alsohad my copy of the employment agreement In the contract, it stated that I was to be given a ninety day notice for termination without cause. The contract also stated that I could be immediately terminated with cause immediately with notice if certain conditionswere met. I worked for three weeks and was terminated without notice. I was given the reason that the company did not have work. Myself along with eight workers were terminated. I have since found out that the company is still doing the contracted work withsome of the employees. My question is do I have a implied contract for employment? Can they be liable for my compensation without giving 90 day notice? Also, I have requested copies of everything in my employment file. What can I do if they refuse to giveit to me?
I got off a few weeks ago and although in my contract
I got laid off a few weeks ago and although in my contract I am entitled to a month Severance pay (if terminated without notice), the employer refuses to pay it.Without getting an attorney, how can I make the employer pay the severance?Thank you
I had recently turned a written notice of resignation to end
I had recently turned a written notice of resignation to end on 1/25/15. I was scheduled to work on 1/24/15 and on 1/25/15. I was removed from the schedule remainder of my resigantion without notice. I was informed by the director of nursing that it is impossible to terminate an employee that has turned in a written notice of resignation? Prior to turning in my notice, I was removed from the system and had to ask to have it fixed as I was still on the schedule to work.
Hi, My case is similar to the one here. Do you think I should
Hi, My case is similar to the one here. Do you think I should pay the amount? Relevant sections from my offer letter is as follows:In the event you voluntarily terminate your assignment without providing XXXX with 90 days written notice, or if your assignment is terminated for cause by XXXX, you agree to pay XXXX the amount of Ten Thousand Dollars and no cents ($10,000.00), which sum represents XXXX's cost of customer service continuation, recruiting, assigning, training, educating, marketing, and your replacement. You have gone through this clause, have had sufficient opportunity to decline yourassignment if you do not wish to accept this clause, agree that this clause is reasonable and necessary to protect XXXXs business interests because of your breach of contract, and confirm that you shall be bound by this clause. You may decide to satisfy this requirement in Lieu of, as per the following:- If your notification period is 0 to 60 days, the payment is $10,000- If your notification period is 61 to 89 days, the payment is $5,500- XXXX reserves the right to engage the services of a collection agency if payment is not received by your last date of assignment, or to take other appropriate legal action, either in the US or in India, at its sole discretion. Please note that if you also have left the services of XXX India, release of the Experience and Relieving letters from XXX India will be withheld until satisfaction of this repayment. This clause supplements any other clause with respect to your notice period with XXX India. In the event of conflict with any other clause, this clause shall prevail.
I was recently terminated by a large corporation after 16 yearsView more employment law questions
I was recently terminated by a large corporation after 16 years of service with an excellent record. The reason on my separation letter is given as "workforce reduction and/or job elimination". I was a high level Director and an "at will" employee with no employment contract. The person who discharged me even stated I had done nothing wrong, they just wanted a "change" and they announced it to current employees that way. They gave me 4 more weeks of severance than the 1 week per year policy in their handbook for a total of 20 weeks (5 months) plus an outplacement service, and a couple of other minor things. No medical and no future vesting of some stock options I have.It should be noted that they had already hired my replacement in fact, I was let go on a Wed. and he started the following Wed. I'm 55 years old and the person they hired is my age or possibly even older, he has the "general" experience in my industry but not near the specific product and niche market experience. There is no non compete agreement attached, only an IP agreement I was required to sign several years ago, while employed ( meaning not when I started as a condition of being employed), and it basically talks about IP but does state I can't solicit their customers nor their employees for 90 days.Lastly, this is a large $15 billion company. The "behind the scene" facts are that the second in command to the CEO never liked me for reasons never clearly defined. He just didn't like me. The CEO apparently was returning a "favor" by hiring my replacement and told the second in command to find a place for him which was me and my job. This is the only reason and their really was no attempt to hide this.My question: I don't have hard numbers but through several mergers and acquisitions there have been several age protected class folks been let go even recently. I know in some cases they were given much more severance (8 months - 12). I know age discrimination suits are hard to prove and I'm not really into a long battle but feel I should go after them for more. I think if I negotiate for more the level of employees I deal with will just ignore this and deny it. Do I have any case if I decided to sue or just as important if I push is there enough here to make them nervous and want to settle?