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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?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 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

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Loren

Juris Doctor

41,260 satisfied customers
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!

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John

Attorney

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An employer needs to know how much notice is needed to

An employer needs to know how much notice is needed to employees for a lay-off due to down-sizing. This employer is a doctior with 6 staff at this time............3 part-time people and 3 full-time. Also, will employees be eligible to get unemployment benefits. Are unemployment benefits based on hours worked or just gross earnings?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Is the employment agreement "at will," union, full time or part time?Customer: Doctor is downsizing because PA left. Doctor plans to continuing working. There are 3 full-time and 3-part-time at presentJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Patrick, Esq.

Doctoral Degree

19,336 satisfied customers
Pearl. and I have a question regarding termination. HR was

Hello, Pearl. My name is ***** ***** I have a question regarding termination.JA: Have you documented this or discussed it with HR?Customer: HR was never involved in the last three meetings with the clinic supervisor. Everytime I asked why HR was not here, he would say "that she couldn"t make it". I left an email to HR to ask to meet with her to discuss the write-ups, but she never responded. I submitted my two week notice yesterday. I came to work today and was promptly fired. I met with the clinic supervisor. I immediately asked where Heidi, the HR manager was, and again, "she couldn't make it. I asked if there was another HR person to meet with us and he said, "Heidi is the only one". The meetings I had with this supervisor, HR was never present. I voiced my concern that it seemed illegal that HR was never present and he told me it was. So is this a wrongful termination? Unfortunately, this job is non-unionized. I feel discriminated and targeted. I am also the oldest employee in the clinic who at this time has a foot fracture with a boot. I have missed two days because of my foot fracture. Thank you for any information you can present. IreneJA: Is the employment agreement "at will," union, full time or part time?Customer: There is no union. Full time. And I believe Washington is a "at will" state, anyway.JA: Anything else you want the lawyer to know before I connect you?Customer: There was also present the brand new nurse supervisor at two of the meetings, who has only been with the company less than two months. Will I be charged for the consultation? Thank you

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Patrick, Esq.

Doctoral Degree

19,336 satisfied customers
My employment was terminated with my supervisor saying

My employment was terminated with my supervisor saying "there is no role for you here." However, my employer expects me to continue working for two more weeks while I transition my work to the team. I want to protect myself and make it clear that I have been involuntarily dismissed vs voluntarily so that I may be entitled to unemployment benefits. How can I make this clear?

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Loren

Juris Doctor

41,260 satisfied customers
My employer, ;I live in Kent ; has been doing things that I

My employer, ;I live in Kent Washington; has been doing things that I question weather or not is legal. I was suspended from work for 2 weeks starting on the 4th, When I signed the document it said 14 Days, when I returned at a later date to read my write-up it looked as if somebody had modified it adding in "Working Days" I was then informed I would not be aloud to return to work on the 26th instead of the 18th and was then told my boss had planned on only giving me one day a work to try to force me to quit to avoid paying my unemployment. I'm a independent individual with diabetes and and apartment to pay for I pay for my medication in cash and wouldn't be able to afford it this month with the way he is treating me is their anything legally he is doing wrong?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I told you what state.JA: Has anything been filed or reported?Customer: I have not I'm here for legal advice.JA: Anything else you want the lawyer to know before I connect you?Customer: I think that is everything.

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Patrick, Esq.

Doctoral Degree

19,336 satisfied customers
I have been employed by a national food service broker for 5

I have been employed by a national food service broker for 5 years. A co-worker conducted a background search and submitted the results to senior management and the recent review with senior management I was told things weren't working out. I was not terminated, but believe the company is trying to eliminate the position I currently hold. This would effect 49 Key Account Managers with this company. I am also one of the top 5 sales people on the west coast and my successes have been documented several times in their national foodservice publication sent out monthly. My name is***** Assistant: Thanks. Can you give me any more details about your issue? Customer: The current branch VP had also terminated me about 12 years ago for the same issue. His small brokerage firm was bought out by a brokerage firm in Seattle WA and in turn that broker sold out to the national company I now work for. The information from this issue which is over 13 years olds has been spread throughout the current market I work in and from my understanding it is illegal for anyone to conduct this type of search without my knowledge.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
What are the major differences between a mutual separation,

What are the major differences between a mutual separation, a voluntary separation, a severance agreement, and/or salary continuation? Under a voluntary separation agreement, is it true that the employee is not eligible for Unemployment benefits in the state of Florida?

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Ray

Lawyer

Doctoral Degree

40,266 satisfied customers
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