I am a director at a hospital. I had an extramarital affair
I am a director at a hospital. I had an extramarital affair that did not involve work or anyone from work.. I found out into it he was a brother-in-law to an employee at the hospital. this affair recently came out, the man told his wife after my husband knew and about two weeks after we broke it off. the wife asked me details, I did not tell her details of the affair but admitted that feelings were involved and apologized. she messaged me and among other name calling, etc said she wanted me dead and also said she would enjoy watching my life and reputation ruined. I was called in by HR and my CNO/COO and they talked of the affair and questioned me about a party I had attended several weeks before the break up at the sister-in-laws home. They told lies of me being intoxicated and talking badly about the hospital I work for. My HR director and CNO/COO also accused me of stalking the wife by being at a community ballfield complex where my daughter played softball daily and her son happens to play an occasional game. I am there several days a week and have been there for 9 years with my children. Now the mother of the wife has posted nasty comments on my children's pictures on social media. I have been put on administrative leave without anything in writing, any knowledge of when I may know something further and am in limbo. I am in the state of Maryland and understand that it is a no-cause firing state but wonder if I should seek legal guidance of how to proceed.
If I do try to go back to work part time with out my stool
If I do try to go back to work part time with out my stool say to try 4 hours. And say I use up the rest of my FMLA and disability hours available for reimbursement and my full time status would be dropped say in 5-6 months. If I decided that it would make sense to be done with that place since all my protective benefits were used would I still be able to get unemployment while waiting for my disability to come thru. I have never used any of these benefits and am not sure how unemployment works. I am leary about going back to work with out my stool but it seems to be the smartest thing to give a try in maybe a different part of the store. Also my HR set up the leave dates and said I just need a note from my doctor to extend them. If I dint go back to work since I don't have my stool I should be able to get my full payout correct. My HR only has an answering machine and I think theyd rather just get rid of me or try to see if Id fight to hang on. Mostly I wish to not have to go back to that dreadful place. My arms and hands and legs flare up people are not so nice and there is not a lot of help. How does unemployment work if you try to go back to work and then get out eventualy versus being let go.
I have a lobor and tax question. I'm a makeup artist working
I have a lobor and tax question. I'm a makeup artist working in New York City. I had a client who I've filed a w9 form with and they're telling me that I owe them 10% for unemployment taxes and fees. I was told that because they initially thought I was a Business/ Corporation they could pay my full rate. Now that they realize that I'm filing as an individual/sole proprietor I owe them unemployment taxes and fees. I've been a makeup artist for 10+ years I've never had this happen. Is this some new tax law? I've never heared of unemployment taxes and fees being deducted by an employer after the employee has filed a w9.
Thanks so much. In your professional opinion, based on my
Thanks so much. In your professional opinion, based on my circumstances, would the Title 22, Section 1256-1(e)(4) the attorney referenced apply. In other words, if Takeda did report to EDD mutual separation as a part of a settlement, would I "not" be disqualified based on title 22? Takeda attorney says I wouldn't be disqualified. Is she correct ?
Mr.! I am not sure if you can view my previous question
Hello Mr. Phillips! I am not sure if you can view my previous question which will provide some background? I assume so?My company and I reached a settlement. In the MOU it specifically states "Strauss employment will end as of Sept 1...strauss agrees to not rehire. In the long form, which has same language and was drafted by my company's attorney, I requested they add the language "at no fault of her own" (referring to the ending of my employment). My company refuses to add that language. I want to ensure I will be granted unemployment.The attorney verbally told me, when I questioned her what my company would report, she stated, "a mutual separation". I told her it wasn't mutual and I never agreed to have it mutual. I only am agreeing to "not rehire".They are willing to put the following language in the agreement. However, this provides zero guarantee they will not provide EDD with language that will not disqualify me: email from the attorney today:This morning, you indicated by email to me that "When I specifically asked you what Takeda would report to EDD, you stated, the separation was mutual. As an employment attorney, you very well know that would disqualify me." This is simply wrong. Title 22, Section 1256-1(e)(4) provides as follows:"There may be a separation by mutual agreement if the employer and employee have mutually agreed to separate, either at the time of termination or, initially, at the time of hire. In such cases the termination is neither a discharge nor a leaving and thus a disqualification cannot arise under Section 1256 of the Code. The expiration of a fixed term contract of hire to which the parties initially agreed is an example of a termination by mutual agreement."We have added language into the agreement in hopes of clarifying this issue for you so that Takeda's intention is clear. That language is as follows:Subject to your execution, non-revocation, and continued compliance with the terms of this Agreement, the Company agrees not to affirmatively contest any effort by you to seek unemployment insurance coverage based on your separation from employment with the Company (except nothing herein shall prevent the Company from providing accurate and truthful answers regarding your employment relationship or separation, to the extent obligated to respond to inquiries from any government agency related thereto, regardless of any impact on your ability to obtain unemployment insurance benefits).I have requested they provide in the agreement one of three options: check option 3. laid off/lack of work on form DE 1101C/Z or put involuntary separation in the the "other option" or add the language "as of no fault of her own".Can you please provide your opinion? What should I ask of them to insure they will not report information EDD that will disqualify me? I greatly appreciate your professional insight.
I've been working in China for 4.5 years for a company based
I've been working in China for 4.5 years for a company based in my hometown. I was hired in my hometown and later found myself in China while continuing to receive North Carolina payroll. I wasn't on a work visa yet a business visa. I have been in China full time since 2012. Today they told me I was no longer needed in China and provided me with a relocation option otherwise work ends today. I'll be going back home to China next week. I'll be actively looking for a job in China. Can I apply for NC unemployment? I know I'm eligible for unemployment but I'm concerned if I can recieve benefits while actively looking for a job in China not USA/North Carolina.
I am applying for NY unemployment insurance and I have not
I am applying for NY unemployment insurance and I have not received any benefits. Recently I had to refuse a job offer and it was noted that I would need to fill out a form with the reason for not taking the position. If the reason provided does not meet "good cause" standards for a "suitable job" I may be denied unemployment coverage. I want to be sure that I give the correct succinct honest reason as to why I refused the job and keep my illegibility for unemployment.The main reasons I rejected the offer are:1. 80% travel (typical travel schedule of monday- thursday every week).2. With this much travel it would create a hardship for childcare since my wife also works. She works in the medical field on shifts and coverage for our sonwould be absent when she had a shift.3. I could possible indicate the commute is over 1.5 hours, since each engagement would likely be over that amount, most is air travel.I have read on NYUI's website I might be subject to denial of benefits due to lack of availability if I submit childcare as a hardship.Please advise what my best course of action would be.Thank you
I have an interview with Unemployment and I was wondering
I have an interview with Unemployment and I was wondering how i should answer because I quit, I quit because of a hostile environment that was affecting my health.JA: Have you documented this or discussed it with HR?Customer: I have documented some but not everything. I went to my supervisors numerous times about the affect they were causing. Nothing was ever done about it.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: not that i can think of. I just want to make sure i answer their questions properly so my unemployment will be approved.