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Recent Wage Loss questions
I have a question about employer disability insurance. I am
I have a question about employer disability insurance. I am currently on disability due to the progression of Multiple Sclerosis (MS). For the past 15 years I have paid extra from my paycheck in order to gain additional funds if I should ever go out on long term disability. Before I went out, I was notified that my position was being eliminated due to the acquisition of my bank by a larger bank. My termination date is October 14th. Because of my position, I am entitled to 10 weeks of full pay & 26 weeks of STD which I am currently receiving. I am being told by HR that I cannot collect my severance package (36 weeks pay) & the long term disability benefit that I paid for at the same time. They said it was either one or the other. The LTD would not take affect until January 7th when my STD ends. The company's LTD policy states that I would receive 49 months pay or until I turn 65. The 49 months would come first. Plus, I keep getting conflicting stories from HR - one is that all my benefits would end on the date of my termination & the other is that the new bank will accept all current disabled claimsregardless if you are an employee or not. My question is, can they withhold my LTD benefit from me ? Sorry this is so long.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
My wife recently met with her employer / company owner to
My wife recently met with her employer / company owner to inquire about transferring to another department, citing her frustration with her position and loss of duties and responsibilities as the result of a manager change. After being told that no other positions existed without her taking a significant pay cut she informed the owner that she couldn't afford to lose the pay and would stay in the position. A few weeks later, the owner informed my wife that she was being moved to the other department and that her pay would be reduced by $2.25 an hour. My wife was told that she had no choice but to accept the position and that it was at her request. The owner sent an email to managers and others stating that my wife was being reassigned, at my wife's request, to a lead position. My wife feels that this is a retaliation measure on the part of the owner for pointing out certain deficiencies in her previous department. Does she have any recourse for the large wage loss she has experienced?
I am trying to get a few different opinions about my case, I
Hi I am trying to get a few different opinions about my case, I have gotten one but I would appreciate other feedback. My question is in regards ***** ***** non payment case with a contract, from a private entity employer (LLC) for a 10-99 short term job, inthe city of New York. What is the extent of damages I can include at a monetary value? Emotional Distress? Loss of wages? Loss of future wages? Compensatory Damages? Interest? The invoice amount that still remains unpaid is still considered small claims ($3300.00)however if it is possible to add value to that number with additional damages would that then make it a civil matter? Also , what is the statute of limitation on such a case? Please advise. Thank you!
Hello. I have been given permanent partial disability rating
Hello. I have been given permanent partial disability rating of 50% by my doctor as a result of a head and neck injury sustained on the job. I am working light duty right now and receiving my full wages. Will workers comp initiate a settlement to closemy case while I am still working and receiving my full wages?
I am receiving unemployment benefits in California after being
I am receiving unemployment benefits in California after being let go by my previous employer (that was a full time job). I and am working part-time for a different employer and reporting my wages; U.I approved this and I am receiving reduced benefits of course. I have found another part-time job that pays a better hourly rate with more flexible hours so that I have more time to look for full time work, or will be able to accept additional part-time work.If I resign my current part-time job will I lose my U. I benefits? In addition, my current part-time job is very physically demanding, and the other part-time job I would like to take is sedentary and more within my physical abilities. The second job wants me to start asap; there would be no gap in between ending the first job and start the second one.
My sson was injured while working for a government contractor
My sson was injured while working for a government contractor in Antarctica. He received Payment from The Workmen's Compensation Insurance carrier for the time he was disabled and they paid his medical bills related to the injury. He has now received an MMI rating of 12% and an offer to settle for $30,400.We feel this offer is way to small. Do we have any appeal rights and is the offer the most he could get?
I am being bullied and discriminated against at work by a coworker
I am being bullied and discriminated against at work by a coworker for my gender. I am also not the only female that he is nasty too. When you ask him to help out at work, he blows up. He tries to intimidate me, by getting up and personal with me. I've already reported him for touching me inappropriately and he was just given a slap on the wrist. I audio recorded one incident for my protection, when I asked him to help instead of sitting around and watching tv. I was told and found some articles online stating that it is not illegal if you are protecting yourself and being bullied at work. I reported him for yelling and threatening me. I got moved to a different program and my clients, who are mentally disabled, are very upset. They won't even let me visit my clients. I want to fight to either go back to my program or see my clients. What can I do.
Over 9 years working with this company, I put in a Resignation
Over 9 years working with this company, I put in a Resignation For the date set 12-31-14. I Put this notice in on 7-31-14. My job title was Asst. Warehouse Manager. The Reason for this, as I told HR, was to focus on going back to school to earn a degree In warehousing and logistics. I had already spoke with an advisor from CTU ( Colorado Tech University) Setting up an enrollment date scheduled for the beginning of the new year in 2015. There were a lot of factors that I told HR that help me to make this decision, that included: Management over stepping boundaries not associated with his job title, procedures that were written and over ruled by voice, instead of being Documented like all the rest of the procedure's were. Profit Sharing/Retirement plan being eliminated. Employee Bonus Revoked. Down grading employees to be fearful of losing their job. Name calling, for instance, I'm a Tall Thin man, being called skinny, boney, Put some weight on, eat a sandwich, puny and bean pole. This was done by employees, and even both owners, who I have great respect for. It was hurtful, and being there over 9 years and have worked diligently hard to achieve my job title. Although I shared these concerns with HR, I wanted to show my respect for this company that I worked so hard for, and they know I did. And gave them an extended notice, so I can keep working, helping others learn different job skills, train an existing employee on my job, and complete my task of organizing the warehouse SINGLE handedly I may say. I loved my job, but wanted more than this company could provide. Also, to save for my enrollment fees, so I wouldn't have to apply for a loan. I was discharged from this Company at 12 noon the same day. Was given 2 weeks severance pay, killing my opportunity to save for college, and causing emotional damage. I have filed unemployment, to which the employer is appealing. I have not been able to find a job the past 6 weeks, I have been living on my savings, and I've been depressed of late, hard to sleep, crying because I'm scared I'm going to be homeless. I have worked so very hard to achieve my title, and there are employees that can verify this also, if needed, I do not want to risk there job. Is this legal? I feel like I was Retaliated against for putting in the notice, I'm not sure what else to do, I have no one else. Thanks Chris Starling.
My daughter has an allergic reaction to perfumes/ lotions.View more employment law questions
My daughter has an allergic reaction to perfumes/ lotions. She has left work by ambulance twice, ER multiple times with days off of work from the drs. To recoup from the attacks. She has asked for an area to work and signs to be put up in the bathroom for people not spray or apply lotions perfumes. She has requested to be able to work from home as well. Her days off from work are adding up. She is using ADA for her medical time off, she has only been working there under a year. She has issues of swollen lips, throat, and breathing when she has her allergic/ asthma attacks. She has been sprayed on when walking by people in the bathroom and has had bad attacks from that. She has requested more days off from her dr on the ADA form but her dr. Whom she rarely sees won't up it and when she had a dr to up the days to seven the company denied it. She has a 40 hour job but usually on works 20 hours a week or less due to the time off the drs give her from these attacks. What can she do in order to work in a safe environment?Barbara