Join the 9 million people who found a smarter way to get Expert help

Recent Violence questions

I am an employer and we have an outside sales person that is

I am an employer and we have an outside sales person that is not making an agreed amount of sales calls and also going and using his sales time to make unauthorized personal calls. We have also caught him falsifying sales call reports as well How can we terminate this person without being on the hook for an unemployment claim? He is an employee that is 65 years old and we don't want to do anything that would make him think it has anything to do with his age or health. Complaints of being tired constantlyJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I'm sorry, OklahomaJA: Is the employment agreement "at will," union, full time or part time?Customer: at will full time.JA: Anything else you want the lawyer to know before I connect you?Customer: He is paid base salary plus commission.

Read more

Ely

Counselor at Law

Juris Doctor

69,230 satisfied customers
I was fired because I had my cell phone in my possession

I was fired because I had my cell phone in my possession while at work and it is not permitted by company policy. As a result I allowed management to go through my phone since I was texting due to some extenuating circumstances. They ensured no sensitive information was in my phone. I had to move with my 5 children after a separation. I had to get a restraining order due to domestic violence n am homeless so I was trying to fiqure out where my kids were. My unemployment claim was denied n i would like to know if I would be eligible to appeal

Read more

Patrick, Esq.

Doctoral Degree

20,136 satisfied customers
If an employee in a high-rise condo in Florida is terminated

If an employee in a high-rise condo in Florida is terminated and there is no legal dewfense under federal anti-discrimination laws, then the State law concerning right to work applies (as I understand it). However, when the exact reason (or none at all) for termination has nothing to do with threats against employees or something similar, but something akin to incompetence, for example, yet the employee, without warning (of termination or trespass) is removed peacefully by police at time of "termination", and is not warned about trespass what applies in the law. For example, said employee is good friends socially with a number of unit owners and previously had the right to pick up, discharge or even visit with one or more owners, does the condo management (either the building manager or the Board) have the right to bar entrance to the property for those reasons when the unit owner(s) have clearly invited the ex-employee?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Palm Beach County, FloridaJA: Has any paperwork been filed?Customer: Not to my knowledge. Wouldn't they or the police have to give me a copy? I was just told by the gatehouse guard (it is two separate condos with one gatehouse) that the property manager of the building the employee worked in verbally gave them notice to put on a interior chalkboard that I was to be denied admission under any circumstances, and top call the police immediately.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes. I plan on becoming an UBER driver and it appears to me that my visitation rights as well as my possible rights to make a living, could be cause for a lawsuit under state and federal civil rights laws.

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,700 satisfied customers
My husband, a retired Veteran with a high level of PTSD was

Hello, my husband, a retired Veteran with a high level of PTSD was assaulted yesterday at his job by an employee with previous assault history. After the other party put his hands on my husband, my husband said "touch me again and I will kill you." The other party continued to press on and my husband walked away. What should we do?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Yes, TexasJA: Has anything been filed or reported?Customer: Not yet.JA: Anything else you want the lawyer to know before I connect you?Customer: Not at the moment.

Read more

Patrick, Esq.

Doctoral Degree

20,136 satisfied customers
I am working for a healthcare facility for about 5 years.

Hi,I am working for a healthcare facility for about 5 years. When I began I introduced to a manager that I felt comfortable with her and I liked the nature of my work. Recently the facility was bought and merged with another huge healthcare company, things got changed, my prevous manager was replaced by other and the nature of work is less proffesional and I feel that I'm loosing my skills.Base on the arguments below, can I ask to be layed off:- Different management, that if was introduced to me at the beginig, i'm not sure that I would accept this position.- The nature of my work became way under my qualifications/skills/certificationsThanks,Ivy

Read more

Patrick, Esq.

Doctoral Degree

20,136 satisfied customers
I am a teacher in NY employed in the same school district

I am a teacher in NY employed in the same school district for 22 years. I was arrested twice in November due to a domestic violence situation and charged with criminal mischief and violating a protective order. I have not been convicted. I have been accepted into a diversionary program and the charges will be dismissed.I have a diagnosis of bi-polar that is under control with medication and therapy. I have never disclosed my condition to my employer.4 years ago I had an unprofessional argument with the principal that resulted from a personality conflict and, in my opinion,months of mild harassment and bullying, along with completely ignoring me. She began a ongoing discussion with me - a topic I had reported to the union and thought was resolved. It was the last straw and I completely lost my composure with her. As a result of this brief "outburst" she thought I was drunk or high and called a crisis counselor, who removed me from the building, drove me to a local hospital for a drug urine test (negative), then told me to lay low for a few days. I was required to submit to psychiatric evaluation to return to work and was requested to sign medical release forms for my own doctors. At this point my employer became aware of my diagnosis.I was fortunate to find another position within the same school district for the following year and no longer work with this principal.The superintendent was notified of my arrest (by whom I'm not sure). He had copies of the police blotter that he said was sent to him. I was asked to meet with him. He removed me from the classroom saying I "could not be around children" and I was assigned to a central office department where I have been since.I am 59 years old and decided this would be a great time to retire so I submitted my retirement papers.Three weeks ago I was requested to submit to a fitness for duty evaluation. Based on my personnel file, that includes a 4 page memo documenting my 5 minute "outburst" with my previous principal, a January email to the superintendent from a woman in the Human Resources Department who said I was irritable during a conversation with her, and a discussion with my psychiatrist, the district psychiatrist recommended I was unfit for duty. He stated that since I was still "irritable", I needed to demonstrate 6 months of stability, submit monthly statements from my psychiatrist and weekly statements from a therapist to HR and be reevaluated for fitness of duty in August to return to the classroom in September.At the follow up to this evaluation today with the superintendent he again told me I "could not be around children" which I must say is breaking my heart - l love my job.He asked me if I still intended to retire (I can revoke my retirement request) I said yes.He then told me for the remainder of the year I was to submit statements in May and June from my psychiatrist and a therapist stating I was attending sessions as recommended by the district, m.d. and then I "will happily retire".Am I "unfit to be around children" because of my diagnosis or because of the arrest? I am assuming it is the arrest because for the past 4 years since the district has been aware of my disability I have remained employed without any problem.Why was I requested to submit to a fitness of duty eval if I planned on retiring in June. Was this in case I revoked my request?If I'm unfit for duty (teaching) would I have remained assigned to a central office position indefinitely?Is a domestic violence arrest grounds for removal from my teaching position since it had nothing to do with my performance at work? (Details of the arrests: I unintentionally broke the glass top of a table during an argument with my spouse by slamming my glass of water down on the table and the police were called. A protective order was issued against me and I foolishly returned to the house to retrieve my dog. My spouse called the police again.)Is bipolar disorder grounds for termination since this seemed to be the focus of the doctor's report. He referred to my arrests as a "behavior problem", and stated I had a history of "some violence", I am assuming he was referring to the broken table. I am not a violent person. He stated "irritablity" is a symtom of bipolar and since an HR person reported I was "irritable" that my condition was not fully under control. He attributed my argument with my previous principle as an indication of 'Lack of impulse control" (another symptom of bipolar). He suggested that her fear that I was drunk was notable as alcohol abuse is a complication of bipolar disorder.The entire focus of the report was my mental health issue and had nothing to do with the arrests beyond stating that I had been arrested.Is it discrimination to use my mental health disability as a basis for fitness for duty? It is a separate issue from the arrest?

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,700 satisfied customers
What can I do to report my boss for abuse and because I

Hello, what can I do to report my boss for abuse and because I believe she is trying to get me fired for no justifiable reasons?I have been working in an accounting, HR, and assistant management position for over a year. My inmediate superior is a very rude, nasty woman who is always criticizing me, yelling at me, and abusing me verbally. She has been disciplined by her superiors many times before about her lack of communication skills with employees because there has been many complaints about her and how bad she treats people. Her inmediate superior, who also oversees my work is very happy with me and he knows how her personality is, and is surprised I has been able to work with her for so long, even though we've had our fights and conflicting opinions. Recently, she received a poor perfomarce review from her superior, and now she has given me a poor performace review to me, making me sound like I am unable to perform the work. She has also look for people to serve as witnesses to speak against me with petty accusations. I think she is trying to get me fired because she thinks she might get fired and that I could replace her. I want to file a formal complaint against her for workplace violence, because she abuses me verbally, she intimidates me and she instilles fear in me with her actions. She has even manipulated my hours affecting me financially. I'm afraid I might get fired, what options do I have to sue if I get fired? what is the best way to file the complaint in regards ***** ***** appropiate language? Please help. I can even send you a copy of the evaluation review she gave me for you to see what I mean. Thank you.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,788 satisfied customers
Fellow worker tried to slam a door in my face and I my foot

Fellow worker tried to slam a door in my face and I my foot was in the way and bounced back at him. He says that it hit his wrist. He is accusing me after cursing me in front a witness. My boss is having an investor come in and talk with about violence. I was not the aggressor or in his room. What are my rights?JA: In what state did this occur?Customer: MinnesotaJA: Have you talked to a lawyer yet?Customer: I have contacted one an waiting for a call back. This investigator is coming in at 1:15 central time.JA: Anything else you want the lawyer to know before I connect you?Customer: Never had this happen to me? This individual has had problems with other employees to the point they will not talk to him.

Read more

LawTalk

Attorney at Law

Juris Doctor

37,258 satisfied customers
I was at work andca CO worker came to my work station

HelloJA: Hello. How can we help?Customer: I was at work andca CO worker came to my work station starting an argument. I asked her to leave me alone and then she hit me. I had a previous altercation with her 3 months before that and wrote a statement and gave it to HR and my manager and I was hoping that the problem would be resolved until last night. I'm a good employee I have never had any problems I make Above production and was just hired on permanent this person has is under production and has caused massive confusion in the workforce with several other employees but we were both suspended until investigationJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TennesseeJA: Is the employment agreement "at will," union, full time or part time?Customer: Full tumeJA: Anything else you want the lawyer to know before I connect you?Customer: No thank you.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,788 satisfied customers
View more employment law questions
In The News