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Recent Unemployment Benefits questions

I was injured at work over a year ago and i just recited

I was injured at work over a year ago and i just recited permanent partial advisability and can not return to my former line of work. My employer has decided to lay me off. Can i apply for unemploymentJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: I just retained one, but have only spoken with a case mangerJA: Anything else you think the lawyer should know?Customer: No I have been receiving workers comp benefits for over a year, until I was I went to QME and it was determined I am %25 disabled. My job was quite physical and I can not do that type of work anymore.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
My husband resigned from his job after 18.5 years of service

My husband resigned from his job after 18.5 years of service due to frustration on the job caused by his bipolar illness. He resigned abruptly then sought his job back after 3 weeks. His managers wanted him back and his union tried to have him reinstated, however upper management (who don't even know him) refused. The union said he could reapply for jobs in the company and start from scratch however now we find out he was designated "ineligible for rehire". There is no reason for this designation and we have asked that they reconsider, but they will not budge. It seems there may be some discrimination based upon his disability. He never had any disciplinary actions in all of his years of service.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Have you talked to a lawyer yet?Customer: not yetJA: Anything else you think the lawyer should know?Customer: This is very unusual for the company to do this when someone resigns; people can come back into the company. We are hearing through the grapevine that they were upset he went into the executive offices looking for HR, but was on the wrong floor. They did not like that he was on their floor, but he simply made a mistake. And they did not like that he applied for NJ unemployment benefits (that were denied anyway).

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
My wife, an exemplary employee for a local hospital (w/21

My wife, an exemplary employee for a local hospital (w/21 years loyal experience in procurement) has been asked to attend a meeting at 3:00 P.M. today with her immediate supervisor and a representative from HR in attendance where she will be informed that due to "a sudden reorganization" of the Department by her Director (muddled information released during yesterday's morning huddle), her job is being eliminated. She has been tipped off by her immediate supervisor that she will be offered another job within the hospital procurement system but for a possible substantial cut in pay. She's got reason to suspect that if she doesn't take this new position post haste, she will be 'quitting' her job and therefore not be entitled to any severance and/or unemployment benefits because she quit her job, instead of being fired. If she wants to consider taking the new position, legally, how much time does she have before having to commit to this decision, five minutes, ten minutes, the weekend, two weeks? Are there any employment laws being broken here? What rights does she have? Do you see anything that jumps off the page that you might recommenced. Again, my wife has been a solid employee for her employer with many commendations of the recent past for her performance including a recent bonus in salary that put her at the very top of her pay grade.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
A company is merging with another company. Some employees

A company is merging with another company. Some employees will not be kept. The old company wants to pay earned vacation pay and severance, but also does not want to hinder the employee from getting unemployment benefits as soon as their job ends. What is the best way for the old company to pay the vacation and severance in order for the employee to not be denied unemployment benefits?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
My company hired me in June, as a full-time salaried

My company hired me in June, as a full-time salaried employee. Today, they told the employees that the company will be "shutting down" in November due to it not being a profitable month for them. I do not have vacation time accrued yet (we do not get vacation time until we have been employed for a year.) They are requiring that all employees take the month of, and in my case, without pay. Other employees are using vacation time. Is this a legal practice? No notice was given until this morning.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
My employer is changing my employment contract and forcing

Good morning.JA: Hi. How can we be of help?Customer: My employer is changing my employment contract and forcing me to sign. If they fire me for not signing it, will I be eligible for unemployment benefits?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I'm in NevadaJA: 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: Sure.. I'm currently a non-exempt employee with a 30 minute lunch and two 15 minute breaks.. They want to change me to exempt and force me to take a 1 hour lunch, which causes me to stay later each day and they're reducing my two breaks to 10 minutes.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
Is there a time window that you need to file for

Is there a time window that you need to file for unemployment benefits after your last day of work? My last day of work was July 22 my vac and severance ends the last day of August? Would I still be ok to file first claim in September?

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
My daughter, a Speach pathologist, was fired for "non

My daughter, a Speach pathologist, was fired for "non compliance" which precludes getting unemployment benefits I am told. Her infraction was documenting the treatment activities on one patient while in the room of a second Speach patient.The reason was too few working computers in that hospital.She was singled out because most care givers are forced to do this in this hospital.My question is "non compliance" is a professional competence alegation that may make it more difficult to get another job in her field.She is 56 years old and at the top of the compensation scale

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
I have a salaried employee, my General Manager, who I

I have a salaried employee, my General Manager, who I accidentally caught closing the store early on a Saturday night. She stated it was a one-time thing and she would not do it again, but in going back through the store video we can see that she has closed early consistently (at least five other times). Can I now terminate her for misconduct without fear of unemployment or a lawsuit? I should add that she is pregnant and that she has said (after I found the misconduct) that she does not intend to return to the job after she leaves in December to give birth.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
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