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Recent employment law questions

The Flu Vaccination. I work private Ambulance Transport Co in PA. They threatened al

The Flu Vaccination. I work for a private Ambulance Transport Co in PA. They threatened all employees with being taken off the schedule if we don't get flu vac by Nov 1st. I asked management "is this a formal suspension and for how long will we be taken off the schedule". Management said, "we'll have to see what happens on the 1st." On the 23rd (last pay day), the paychecks were put in the hands of the nurse handing out free flu vac shots and the illusion was - if you don't get the shot, you won't get your pay. I showed up after the nurse clocked out and got my pay by management without a problem.My 1 question is - can I not just take my check without getting the flu vac.my 2 question is - if I see I am off the schedule tomorrow, may I file for underemployment the same afternoon and will I likely be awarded compensation? I don't have grounds for exemption. I simply do not want or need the flu vac.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,436 satisfied customers
I am a dentist. I just received notice from the Unemployment

I am a dentist. I just received notice from the Unemployment agency that and employee is seeking "Underemployment" Compensation (MI). She has worked for me for the past 4 years, two days a week. Her hours have not changed or been cut. She works for another dentist 2 days a week, and apparently her hours there have been reduced. But both of us are going to be charged. My question: How can I be responsible for "underemployment" when we had an agreement for 4 years that she would work 2 days a week and that hasn't changed. This "underemployment" in essence will bump her hourly pay from $27/hr to $38/hr. If all my employees do this I will be out of business.

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John

Attorney

Doctoral Degree

 
7,316 satisfied customers
For the State of Idaho: My wife who works for her brother

For the State of Idaho:My wife who works for her brother in a small company that employs approximately 7 people has been placed upon administrative leave without pay. The stipulation placed upon her was that the duration would be for 2 months during which she was advised to receive counseling. He, further informed her that he would give her $500 a month to "help out." She technically hasn't been fired from her job so she wouldn't qualify for unemployment . . . Do we have any recourse? Any advice would be appreciated.

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Patrick, Esq.

Doctoral Degree

 
16,772 satisfied customers
JB Thank you for the follow up and providing some additional

JB Thank you for the follow up and providing some additional employee questions to consider. Unfortunately, I'm now really between the highly publicized "Rock and Hard Place”....…. Friday night I was served with an eviction notice from my landlord with almost 3 years of payment history of never missing a payment. I had spoken with the landlord earlier in the week regarding running late on the rent payment due to being laid off. He was ok with the situation on the phone and I apologized for the situation but assured him there would be no issue in paying him rent and that I was securing the money. The perfect storm hit my financial situation due to the depletion of cash reveres over this last 2 yrs. Mainly due to my Ex-employers practices and having to pull from cash savings to keep current on my bills. The Triple Threat of personal finance: 1) Unexpected layoff from a job where I was severely underemployed (a have to take job resulting from my ex-employers actions), 2) Cash reserves almost non-existent due to continually pulling from savings – Ex-employers employment tactics. 3) Unemployment holding my benefits pending a review of eligibility because I traveled to Portland Oregon from Seattle Washington for a job interview (Interviewed to run a new company covering WA, OR and ID). Probably a bit more background on my 18 month employment ride would help frame the situation;These guys are pretty unethical and will do anything not to pay their employees (this has been a pattern with this company). I was always on guard when it came time to pay commissions. My direct Boss (let's call him Jim) kept changing the written comp plan to fit the company's financial status at the time. I felt I always had to go along with his changes for fear of being fired. When I finally insisted in abiding by our written agreement, he just told me there was no more money but I could still work on 100% commission …. if I'd like to. He did the same to other employees that eventually left either by quitting of hanging on until they were fired. On one occasions, I was told to go on unemployment by the CEO of the company but still work for them to earn commissions. (All this so that they would not have to pay me a base salary). We had an Administrator doing exactly this until her unemployment ran out. She is a single Mom and had no way to support her daughter… Other tactics used by the company included offering benefits and expense reimbursement in the employment agreement (and offer letter) and then making it impossible to realize either for fear of being fired (numerous comments regarding too expensive to retain employees made this piture very clear. Example: I was offered in writing health Insurance but when it came time to enroll, I was told that the company would not pay for it. I worked for 18 months without health insurance. The same was true for monthly reoccurring expenses like mobile phone reimbursement and some travel expenses. Also, my Comp plan included an override on all Company Sales Revenue. Stating in writing that I would receive a 7% override on all new company revenue. Again, once the revenue was secured, I was told that the company would not pay it. The same was true for Annual License fees renewed each year (again, these were not paid). Another example of their tactics; In my employment Agreement and offer letter, I am to receive 10% of net proceeds from the sale of the company; if the company is sold during my employment. So by taking away my base salary, I was forced to make a decision – to find employment (underemployment which was as good as I could get last May on short notice) to cover my living expenses. Had to forgo any compensation when the company sells. They had and currently have interested parties looking purchasing the company (if the company sells for what it worth – not a fire sale – conservatively I would estimate making $250,000 to $400,000). Jim mentioned on numerous occasions that if he could not get this deal done in the near future, he would just bankrupt the company, clear the debt, and start up under a new name. I believe they are considering this action in the near future from the comments made during recent phone conversations. Another course of action that has been mentioned before is selling the assets to the ex-partner which still has rights to 50% of support fees and new sales revenue (outlined under a previous purchase and sale Agreement). Yet another avenue would be to take the company down, sign a revenue sharing Agreement with that ex-partner prior to handing over the assets for some nominal amount. There is still an outstanding account that I sold over a year ago that needs to be set up and trained in Delaware. This was and still is the largest customer the company has ever signed an agreement with. The current outstanding AR is $23,000+ with an additional 2 years of contracted software support fees of $46,000 in gross revenue guaran

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JB Umphrey

Attorney & Counselor

Juris Doctor

 
12,920 satisfied customers
I live in Michigan. Can my employer force me to work away from

I live in Michigan. Can my employer force me to work away from home(for 4 to 6 days)? I used to work for my company primarily locally for about 15 years until this year. I do not want to work away from home and did not want to work away from home when I came off underemployment from previous year. I told my employer I would work on the road until they got local work which at this point they have not received any local work. I was wondering if I am able to claim unemployment if I refuse to travel anymore? They claim I would be refusing work.

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JB Umphrey

Attorney & Counselor

Juris Doctor

 
12,920 satisfied customers
What is the imputed income when co-pilot can take capt. pay

If a person is a co- pilot for american airlines , and has had seniority over past 10 years, to hold captain's salary , but choose not to advance per se, or takes leave, or works few hours of sorts, how to impute that pilot's income?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,184 satisfied customers
the contractor i work for had no work for me. i signed up for

the contractor i work for had no work for me. i signed up for unemployment. he didn't dispute it in fact told them i was laid off indefinatley. he has since worked me one day which i claimed and has asked me to work 1099. i told him i couldn't do that as i am not a licensed and insured contractor and that would be taking a pay cut. i collected one check from unemployment to date and have to call them for another one. my employer has said he has work coming up in 2 weeks and i would be working 1099. i do not know what to do. if i tell this to unemployment they will contact him and cut me off unemployment and he will be mad at me. i am afraid if i don't work this way for him he will either lie and tell unemployment he never asked me to do that then find some reason to fire me. if i call unemployment what to do they will ask for my social security # then that will open that can of worms. if i do what my employer asks he will continue to work me this way then i will be responsible for my taxes and liability and will no longer be elegible for unemployment. i have never collected unemployment benefits before and am afraid if i say the wrong thing to them i would be cut off. i'm already losing my home because he has not had enough work for me. and now that i have applied for unemployment he wants to switch me from a w2 employee to a 1099 employee and only work me once in awhile. i can move to my parents home in michigan to look for work but the unemployment lady said i had to go 6-8 weeks of no work to do that. i am at a loss of what to do.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,436 satisfied customers
Due to health issues, my employer sent me home on short term

Due to health issues, my employer sent me home on short term disability 7/5/11. I applied for LTD but was denied 3/15/12. I have 180 days to appeal LTD, however my employer won't term me until 7/5/12. I have not had a paycheck since 12/15/11, nor am I back at work. I am paying my monthly benefit premiums myself. My employer verbally told me they do not have a position for me on 3/30/12. Can I resign and still get unemployment benefits?

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Lucy, Esq.

Juris Doctor

 
29,174 satisfied customers
I am underemployed in Illinois to16 to 20 hours per week.I

I am underemployed in Illinois to16 to 20 hours per week.I have to file bankruptcyand my home will be in for-closer.We will have to move to Wisconsin to livewhere we have a small cabin which we will be able to keep from bankruptcy. I also havea part time job which helps but very little. If My main employer lays me off and I quitmy part time job, will I be able to get unemployment compensation from ILLinoiswhile I look for work in Wisconsin.The check can be sent to my ILLinois bankwhich I will keep open. The other question is if my employer refuses to lay me offas they did in the past, can I quit and still get compensation because of my lackof hours they have given me.(this is why I have to file bankruptcy) Also my wifeis on disability. My underemployment is about 2 to 3 years. Sincerly, David Mirowski

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Infolawyer

Attorney

Juris Doctor.

 
36,590 satisfied customers
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