Join the 9 million people who found a smarter way to get Expert help

Recent Termination questions

I was working on a project in which bad decision were made

I was working on a project in which bad decision were made by my manager and his/her boss and when the project failed, the blame was put on me. I was forced to do low quality work for a few months and now my job role is eliminated and I am being laid off with some severance.I have written proof for everything in form of emails about the bad decisions that were made by my manager and a level above. I can also prove that I was intentionally given low quality work so eventually they can eliminate my job role.Can I sue my employer for above?

Read more

John

Attorney

Doctoral Degree

8,640 satisfied customers
I was terminated by United Airlines based on an accusation

I was terminated by United Airlines based on an accusation of falsifying a sick call. (Sick when I wasn't sick). I had over 300 hrs of accumulated sick hours in my bank at the time. When I applied for unemployment benefits, the company denied my request based on termination for cause. My case was heard by a magistrate and he found in my favor. When the case was appealed by United, the magistrate again found in my favor. At the time of my termination, I was told by management that I didn't have a documented history of my illness (migraines), that I didn't have a doctor's note to support my absence, and that I had never 'discussed' it with anyone prior. I responded that it was my choice NOT to apply for FMLA, that a doctor's note was not required, or requested by the company, and that I am not required to disclose any ailments/illnesses with anyone in management. The bot***** *****ne is that they have no proof I falsified my sick call, but because I chose to go home and treat myself, as I had always done, I didn't have any evidence to support my illness. I am a former police officer, and served in the Marine Corps Military Justice system as a Legal Clerk, so I come from a background of the accuser having to provide the burden of proof, not the accused needing to provide the burden of innocence. I had Union representation during my initial hearing with management, my termination hearing, and during the subsequent two hearings, as the appeals went further up the chain of command. All of the appeals decisions were found against me, based on the same reasons. Having exhausted the internal appeal process, I now hope to rectify my situation, and have my termination reversed, in a court of law. Do I have a case?JA: Since laws vary from place to place, what state is this in?Customer: So sorry. I was terminated in the California.JA: Is the employment agreement "at will," union, full time or part time?Customer: Union, full-time, and unsure whether it was at will. I was hired by Continental Airlines in 2005. The headquarters at the time was in Houston, and I was based in New Jersey. Continental and United merged, the headquarters moved to Illinois, and I was based in Los Angeles at the time of termination. I bring all of that up because it's an international airline with many bases throughout the U.S. It was not a year-to-year contract as some foreign airlines do, not was there any fixed term of employment upon hiring.JA: Anything else you want the lawyer to know before I connect you?Customer: Is there anything else you can think of that I may have left out?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
I have a complicated legal case being constructed and here I

I have a complicated legal case being constructed and here I am concerned with just one aspect which is a pressing concern. I am a university professor terminated without cause or due process (despite being tenured) and fighting for reinstatement. For a year, the university has made claims I am a "threat." In February and then again in March 2016, I was arrested on misdemeanor charges of "harassment by computer." The university used its own police department to arrest me. However, it was determined that there were no threats in the emails, and the prosecutor dismissed all charges. Last month, I was again arrested for the same charge. My attorney points out that the criminal affidavit does not even allege a crime. Again, there are no threats in the emails for which I was arrested.At the start of the campaign to label me a threat, my physician asked the university specifically whether they considered me a "direct threat" as defined by the ADA. The college intimates I suffer from a mental illness. They told him they do not consider me a direct threat, they never have, and they have no evidence for such a claim. They also decline to specify any mental health disorder I might have.After the arrests, a mental health specialist for the state examined me and found me competent to stand trial, sane, and also said the evidence provided to him indicated I was not a danger to anyone. He did not explain the judgment, but made clear his confidence in it.An investigation of my dismissal by the faculty led them to demand the provost reinstate me. As we move toward that goal, some faculty are professing fear of me. They blame me for their fears, and some say I am a threat. It is unclear what basis they have for these claims. No one has ever produced any evidence to support the belief I am a danger to anyone. None at all.My question here is this: is there any legal action that can be taken quickly to halt the unfounded and pernicious claims I am a threat? I am willing to submit to exams or procedures that determine whether I am a risk, how bad a risk I might be, what can be done to deal with it, and so forth. But the university refuses to carry out such an assessment. They admitted last year, they have no objective evidence to support the claim I am a threat.I am not saying I am not a threat. I am saying, don't call me a threat without having a basis for doing so, and I am willing to enter any discussion they want to determine if such a basis exists.I want to stop the talk about me being a threat. It seems to be intensifying as people learn I might be soon reinstated. Is there any legal action I can take to put a halt to this talk? Thank you.

Read more

Dwayne B.

Juris Doctor

37,212 satisfied customers
I am in AZ and I have a trucking company, recently one

I am in AZ and I have a trucking company, recently one employee wrecked a truck, he ask for a leave of absence first and resigned 2 weeks later. The drug results just came in, and it was positive in 4 drugs.Can I tell the results to other employees?Can I set an example because of this with the rest of the employees ? I mean we are going to sue him for damages to our assets and other additional expenses

Read more

232 satisfied customers
Is it illegal to video someone without their consent on

Is it illegal to video someone without their consent on private property? I was at work and was filmed. The customer came back in demanding I was fired for the video didn't show a coolant flush machine in it. I did do a Manuel and filled and you could see this on the video. I was not aware I was under surveillance. I didn't consent to be filmed while working by a third party. He demanded a refund and my termination. This isn't fist time this customer asked for a refund yet my job keeps giving our services away. I assumed since customers arent allowed in the shop for "insurance" reasons. That I would have my rights to privacy based on 4th amendment and my civil rights. Since Pennsylvania is a two party consent under the wire tap act, what's should my first steps be?

Read more

P. Simmons

Attorney

Doctoral Degree

37,410 satisfied customers
I'm going back to work next week after being on maternity

I'm going back to work next week after being on maternity leave, but my company restructured while I was out and now I'm coming back to a new job and a new boss. Unfortunately, they told me that the new position they put me in requires 40% travel nationwide, which I definitely can't do and they know I can't do... before I only had to do less than 10%. I believe they put me in a position that forces me to quit.

Read more

Ely

Counselor at Law

Juris Doctor

68,024 satisfied customers
Can an employer offer a terminated employee their old

can an employer offer a terminated employee their old position back to keep them from continue paying their unemployement benefits in COLO?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: can the employer threatened the terminated employee with their unemployment benefits

Read more

Loren

Juris Doctor

41,260 satisfied customers
How much will this cost? my question for employment law what

how much will this cost?my question for employment law what does the following mean? It is taken from (in Illinois)employee handbook about disability leaves of absenceIn granting such leave the agency shall apply the following standards: 1) A substantial portion of regularly assigned duties shall be those duties or responsibilities normally performed by the employee which constitute a significant portion of the employee's time or which constitute the differentiating factors which identify that particular position from other positions, provided the balance of duties can be reassigned by the agency;

Read more

Dwayne B.

Juris Doctor

37,212 satisfied customers
Can an employer put in your contract that you will never

Can an employer put in your contract that you will never miss a day of work or you will be terminated?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Is the employment agreement "at will," union, full time or part time?Customer: part time, hours 11 am - 3 pm, M-FJA: Anything else you want the lawyer to know before I connect you?Customer: I have had to be out for personal illness and family illness. At first, everyone was willing to help me in getting work done. I signed a new contract a month ago. Now they want to change it with the stipulation that I cannot miss work for any reason.

Read more

John

Attorney

Doctoral Degree

8,640 satisfied customers
View more employment law questions
In The News