I worked in New Home Sales. I was 100% commission based with
I worked in New Home Sales. I was 100% commission based with a mandatory 6 day work week. My issue is this: I was terminated by the employer. At the time I was terminated, I had a sales backlog of approximately $70,000 worth of commissioned sales under contract and/or under construction. These contracts are based on approved buyer financing as well as timeliness of build (estimated 12 months build time).JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: My contract stated that I would be paid on any homes that closed (title transfered to buyer) within the next 60 days. However, I fought the employer regarding the basis of termination through the Texas Workforce Commission and won my unemployment benefits even after the employer attempted to appeal the decision 2 times. The employer has a history of terminating their salespeople when they have large backlogs of sales so that they only have to pay their replacement $500 to manage the process as opposed to a Percentage of the Sales Price. Imagine a $400,000 home paying 2% to the sales person but instead they fire the sales person and only pay the next employee $500 to complete the process.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: 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, thank you!
I was terminated due defending myself to another person in
I was terminated due defending myself to another person in the worplaceJA: Have you documented this or discussed it with HR?Customer: i am in the process of filing a grievance.JA: Is the employment agreement "at will," union, full time or part time?Customer: I'm not sure if it is an at will. I worked full time.JA: Anything else you want the lawyer to know before I connect you?Customer: i have worked for the institution for 33 years with great reviews. I have documented since June 2 2016 the other person"s actions toward me. I have asked 3 times to be transferred to another area of work but was told they net my expertice and things were being addressed.
My step-son was just demoted from store manager to what
My step-son was just demoted from store manager to what Walmart calls a co-manager. He has worked for Walmart for 18 years and was just promoted to store manager in July 2016.When he was promoted, Walmart moved him to Houston from St. Louis. He took over a store that had been underperforming for years. From all accounts, he turned the store around. By the end of the year, sales and profitability numbers were up. The store "made their number", resulting in substantial bonuses for Mike and other employees of the store.His boss was the one who recruited him to be transferred and promoted. But as soon as Mike got to the new store, his boss turned into a yelling, screaming tyrant--constantly criticizing and never having a positive thing to say. His boss has other stores that do not perform as well, and the "word on the street" is that his own job is in peril.Would you suggest Mike seek the help of an employment attorney or try to formulate some sort of appeal inside Walmart?
Counselor at Law
I'm being harassed, bullied, and retaliated against by my
I'm being harassed, bullied, and retaliated against by my employer. I'm presently on Short Term Disability due to stress/anxiety caused by my Supervisor and 2 Group Leaders. My doctor put me on medication. While I've been off work I have received telephone calls with voice mail messages and regular text messages regarding future Vacation Time scheduled this year. they keep upsetting me knowing I'm on FMLA Short Term Disability. In the past I took my Group Leaders to HR, but that didn't help. My Supervisor and Group Leaders are retaliating against me now. My Group Leaders are very angry people. I'm terrified of them. I'm scared everyday that I go into work that I'm going to be fired. One of the Group Leaders says the MF word and f word all the time. He takes his fist and beats on the plexiglass to get my attention, instead of using the telephone to just call me inside the area that I'm working. They get mad and roll their eyes at me when I ask questions. On 1st shift I had no problems with Management, but once I was transferred to 2nd shift it all went downhill. I've been called into the office 7 times in 15 months. My Performance Reviews say I meet expectations, but they constantly criticize me. My Performance Evaluation for 2016 said I met expectations, but 1 month later My Supervisor and 2 Group Leaders called me into the office again. The bullying Group Leaders are trying to say I have Performance Issues due to time management. They said I can do the job, just not as fast as they would like. Everyone else has 6-8 years experience. They want me to do a Production Batch Changeover in 1 hour, but I did a Timeline Study and it takes 2-3 hours. My Supervisor told me in November 2016 he would put me on another machine to get a way from one of the Group Leaders so he would quit bothering/harassing me. My Supervisor never did and now I'm physically sick with Anxiety and Stress. I've had diahhrea, can't sleep, weight loss, crying, and nervousness. I've ,also got pictures of bruising on both my arms due to the machinery. We're short staffed at work. We've been short staffed the entire 15 months that I've worked on 2nd shift. We're short 7 employees. Management is stressed and angry and take it out on me. I feel like their verbal punching bag and they criticize me and my work all the time. I believe now they're trying to build a case to fire me, since I took them to HR in Sept.2016. Would I have a Case to Sue them? Can I Sue for Hostile Work Environment or Retaliation ClaimJA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: Is it Illegal for my Employer to call or text and harass me while I,m on FMLA Short Term Disability?JA: Can you tell me what state this is in? And how long has this been going on?Customer: I live in Indiana. The harassment and everything else started August 2016.JA: Has anything been filed or reported?Customer: I contacted HR in August 2016.JA: Anything else you want the lawyer to know before I connect you?Customer: We're also not allowed to have water in our building. So therefore, we only get something to drink on our dinner break. They make us take our dinner break and 10 minute breaks all together. They worked us 13 1/2 hours with only
I took a sign-on bonus at work. I signed a contract stating
Hello. I took a sign-on bonus at work. I signed a contract stating I would pay it back if I quit. However, shortly after starting I changed my mind. I have e-mails to payroll and HR. I called and asked them to stop the check. Noone would help me. They just called my manager who told me if i dont want to take it, I should quit then becasuse they didnt want to train someone who didnt want to stick around I explained I didnt want it because of the money hanging over my head but she intimidated me into taking it... can i do anything now? I want to quit.
Is my situation considered a demotion? And elimination of
Is my situation considered a demotion? And elimination of position? And will I be eligible for unemployment?I started working at my company feb 2005 as a cashier then I was slowly transitioned to an admin assistant and been doing admin. Assistant duties since 2007 until now. About 10 years. As an admin I'm getting $18.61 Now there has been a reduction in force, they laid off a few employees and offered them eligibility for unemployment ...they moved me to cashier, and they want to give me less pay ($16.11) and if I still perform some admin asst. duties they will give me ($17.11). But I need the $18.61 because I live paycheck to paycheck and every penny counts. Im a single mother with 4 young children. My oldest is 8years old. If I lose my wages I won't be able to afford after school care for my 2 elementary children and daycare for my 2 youngest. Please help. I want to get unemployment so I can stay home with my kids and look for a better job so I can afford cars for my children while I work.
I have a asst under me who is calling HR with complaints
I have a asst under me who is calling HR with complaints that are not true and she just stands and "milks the clock" She does 1-2 hrs worth of work in an 8 hr shift. My supervisor is telling me that I have to give her at least 30hrs. It is getting to the point I can't sleep, and I can hardly speak with her. She has 20 + years experience and yet the new employee can work circles around her. Why are they making me work under such conditions. I live in TexasJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Is the employment agreement "at will," union, full time or part time?Customer: part timeJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so