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Recent Wage Loss questions

I would like to know how resigning can affect a disability

I would like to know how resigning can affect a disability discrimination charge. I have requested Accommodations for a hearing loss and my department at the .university where I am employ dJA: Because laws vary from place to place, can you tell me what state this is in?Customer: South Carolina . MyJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time tenuredJA: Anything else you want the lawyer to know before I connect you?Customer: Yes I have requested accommodations in my work load that my dept is not willing to make .

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LawTalk

Attorney at Law

Juris Doctor

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My husband was fired from a job in July. They paid him

Hi, my husband was fired from a job in July. They paid him severance of $5k per month for 5 months. No taxes were taken out. They sent a 1099. Do we have to pay taxes on this now? Our accountant says they shouldn't have reported that way and may not include this as income. Is that ok to do?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MaineJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm not sure what you mean? He was working full time then they decided to let him go. He didn't want to leaveJA: Anything else you want the lawyer to know before I connect you?Customer: I think that they mentioned to him it was called consulting fees but they ne we ever called him back. Walked him off the property where he was a caretaker and never contacted him again

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John

Attorney

Doctoral Degree

9,514 satisfied customers
I have applied for a disability pension from a local Police

I have applied for a disability pension from a local Police Department in February 2016. The village sat on the case until December 2016 when they got the results of the three independent doctors that confirmed the injury sustained in the line of work. I left the employment of the village in September 2016. The village has done exactly nothing since. Do I have any remedies or course of action to get the village to finish the processJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Illinois I spent 26 years on the PD and left in good standing for another job since I had no pay check coming inJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time I was in management nonunionJA: Anything else you want the lawyer to know before I connect you?Customer: can I file a grievance with the Illinois Labor Relations Board they are not settling the pension trying to put pressure on me to settle the wage loss worker comp case

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John

Attorney

Doctoral Degree

9,514 satisfied customers
Lets say an employee injures his knee while at work, while

Lets say an employee injures his knee while at work, while pushing or moving a heavy item. He notifies his supervisors and leaves early that day. He goes to the doctor the next day and is told that nothing is broken or permanently damaged, but he badly strained something or dislocated something. The doctor recommends staying off of that leg for a few days and no strenuous activity for at least a couple weeks. The employee cannot return to work during that time because his warehouse job requires him to lift/push/pull/crouch etc all day. He wants to keep his job and would like to come back after a few weeks once his knee is healed.If this employee were to be terminated from his job due to the missed time, what would his options be?Should the employee have contacted someone regarding workman's compensation on the day of his injury so that his employer can pay for the doctor visit?Would the employee keep his position but without pay for the time he is gone? Keep position with pay?Any and all information for this hypothetical situation is appreciated. Thank you!

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John

Attorney

Doctoral Degree

9,514 satisfied customers
Was hurt at job and workers comp case filed. After two years

was hurt at job and workers comp case filed. After two years the case was decided and judge 200 weeks award to the injured person. The injured worker was receiving weekly check from insurance company since the accident happened and has not been working during these two years. Will she get 200 weeks award after decision date or the previous amount will be deducted from award ?

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John

Attorney

Doctoral Degree

9,514 satisfied customers
I am currently working, and am collecting a pension and

I am currently working, and am collecting a pension and social security. I just got notified that I am being laid off. Can I collect unemployment benefits?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Ohio, Trumbull county.JA: Is the employment agreement "at will," union, full time or part time?Customer: I am employed by an employment service, contracted out to a company. full time. I'm not in a union.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I know of.

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John

Attorney

Doctoral Degree

9,514 satisfied customers
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.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,850 satisfied customers
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?

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Patrick, Esq.

Doctoral Degree

20,436 satisfied customers
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!

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Lucy, Esq.

Juris Doctor

34,048 satisfied customers
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