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Recent employment law questions

Need advice about an employer (skilled nursing facility)

Need advice about an employer (skilled nursing facility) targeting an employee (therapist) and suspending/disciplining without just cause. This has been an ongoing issue. State is OH.

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Marsha411JD

Doctoral Degree

 
18,524 satisfied customers
I was terminated yesterday simply stated reason of not being

I was terminated yesterday for a simply stated reason of not being a good fit. I had only been employed there for 11 months. I was subjected to a meeting on Thursday when quite expectantly, my new supervisor gave out a proposed job description for all to review to all attendees. I quickly surmised that much of my job was in that new job description, as was the case for other key employees in the room. Questions and frustrations flew out immediately, I found myself humiliated in front of my coworkers who were very much thinking what I was, "What is going on here? Why is my job being rewritten into another position, NO ONE ever discussed this with me! Even worse was when I questioned some of the key tasks as they relate to my job, I am being told not just by my supervisor but by another Director who is suddenly becoming the spokesperson for this new position that they are not taking away our jobs, just proposing different ideas for this new position. Myself and others were clearly upset, frustrated to hear this other director tell us what was best for our jobs. This man has no authority over me, or my job! My supervisor just let him take the lead and argue with me about what my job entails in front of everyone! At no point did my supervisor ever follow up with me, discuss with me how my job would change or offer support. Instead, without warning or reason, he simply told me on Friday afternoon that this was my last day and he terminated me offering a 3 month severance package. I am 60 years old, getting another job will be difficult at best. The lack of professionalism and the creation of a hostile work environment was just wrong. I f I accept the severance, I can not file any adverse action or suit but I have no other means of support! I will lose my home and car!JA: We have our lovely Black Belt Customer Support team available to help you 24/7.Email***@******.***In the US or Canada 1-***-***-**** Available 6am to 9pm PSTIn the UK 0***-***-****In Australia 1800-679-634In New Zealand 0800-452-621From anywhere else 1-***-***-****Because employment law varies from place to place, can you tell me what state this is in?Customer: ArizonaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: The HR Director has many workplace practices documented such as targeted negative treatment, discrimination in pay based upon gender and bullying in the workplace. She has worked tirelessly to advise change but to little or no avail.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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TJ, Esq.

Juris Doctor (JD)

 
10,198 satisfied customers
I am seriously considering filing an EEOC lawsuit, but I

I am seriously considering filing an EEOC lawsuit, but I have no experience with litigation, and I need guidance. I am also concerned that my heavily racially biased city, Savannah, GA., and its own EEOC office, may not treat me fairly, being that I am a White male.I have evidence of probable illegal racial discrimination. This evidence is largely circumstantial, but it spans a number of years, as well as very recent. The recent evidence has caused me significant harm to my career, and my health. There are silent non-African Americans working for my employer who unanimously agree that the organization is severely racially biased in favor of African Americans. Indeed, approximately 90%, by my estimation, of employees are Black, most of them female. 100% of HR consists of Black females. I have heard many stories of racial prejudice by HR, of how very qualified applicants are turned away and under-qualified applicants are consistently hired, the only other difference being the qualified applicants are non-African American, and the under-qualified are African American.Can I ask you if my situation seems to warrant an EEOC investigation? Do I need to inform my employer I intend to file such a lawsuit? Can I tell them that if they do not investigate my claims and do so fairly, that I will file such a lawsuit? What are my rights in this regard?Thank you.

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Patrick, Esq.

Doctoral Degree

 
16,842 satisfied customers
I live in TN and my companies home office is in Ca. I got a

I live in TN and my companies home office is in Ca. I got a new manager and he decided I was too nice and not leadership material. There was no real communication or discussion about what I needed to do. So he decided I should go back to a field position. Which in all honesty I a fine with but I don't trust him. I have technical continued to do both jobs until they can officially post the position I am to move into. I think this is because I am taking the place of an employee who is on med leave after shoulder surgery. She was/is one of my direct reports. They plan to move her into a newly created position. I want to cover myself and not be told one day, well we don't need you. I have bee with Medtronic for 9 years. Thank you Christie.

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Patrick, Esq.

Doctoral Degree

 
16,842 satisfied customers
I'm not sure if it an issue or not. In early 2014 I was

I'm not sure if it an issue or not. In early 2014 I was demoted a step down the career ladder. This came as a shock. I petitioned the demotion and was told it was staying as is. My manager & director agreed to review with me and advise the areas I was falling short. Meeting never happened. I got HR involved & still no resolution. This carried on into 2015.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I am in Delaware, but HQ is Florida. Mid February 2015 I was involved in a random physical assault (not related to work). I went through all my vacation and sick time and had an approved unpaid leave of absence. I ended up being separated in September 2015. Still no reason/resolution to my demotion and HR said could not discuss while on leave. It is still very upsetting & I don't know what to do.JA: Have you talked to a lawyer yet?Customer: I have not. I was just searching for information when you encountered me!JA: Anything else you think the lawyer should know?Customer: I was employed for nine years and two months at the time I was separated. I have been in recovery (physical, emotional, psychological) and am now working with Vocational Rehab and my therapist to re-enter the work force. I just can't seem to bring myself to a point where I'm not thinking of what was so egregious that I was demoted. The alternative would have been to keep me at the Senior Staff level and let me know I wasn't cutting it. I would have been reviewed again in a year instead of the usual review every two years. Hopefully this makes sense.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Patrick, Esq.

Doctoral Degree

 
16,842 satisfied customers
As a small PA company owner(23), If an employee feels

As a small PA company owner(23), If an employee feels verbally harassed or condescended to by a regular visiting customer and upon his announcement and review of the incident, that employee repeatedly insists that he will "punch the visitor/customer in the face next time he sees him",...what action is in order toward the employee?is the insistent threat punishable by immediate dismissal?What action is recommended toward the customer?A large corporation representing substantial revenue loss if compromisedWhile banter between the two likely took place, we are not aware of any direct threat person to person.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,476 satisfied customers
Ely, I have been a paralegal years. I worked with a small

Hi Ely, I have been a paralegal for 19 years. I worked with a small firm for 4 years, which was bought out by a huge nationwide firm My billable requirement prior to the buy out was 100 hours per month. The national firm changed all of our computer, data management software, etc. and expected our paralegals to bill 133 hours per month. None of the 4 that we have had in this last year have reached that goal. I was threatened to be fired in May 2016, as my hours were 105, in June I billed 118. It wasn't good enough and they fired me. Looking at eligibility for unemployment, I'm wondering how I present this to be able to qualify. I'd appreciate any guidance you could give me. Thank you!

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Ely

Counselor at Law

Juris Doctor

 
62,182 satisfied customers
I am an RN and have worked Hospital Corporation in Houston

I am an RN and have worked for a Hospital Corporation in Houston for 38 years starting this year in approximately February I received two disciplinary write-ups 4 two consistent items and then I received a third right up for inefficient use of time and so I was going to be terminated butI mentioned that my charge nurse had been creating unwelcome atmosphere concerning time I needed to take off at various times under FMLA,which I have had yearly for app.6 yrs due to a chronic disability.So the HR mgr put.me on a 2 day suspension for investigation.When I returned to work is when I was terminated,although they. had given me the option to resignI did not take that option in. case I had a course of action or could receive unemployment benefits.I am 61,and will have a hard time finding another nursing joh as I had a desk job,annd those are few to be found.Thank you for your advice

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Marsha411JD

Doctoral Degree

 
18,524 satisfied customers
I am being accused of doing something at work that I did not

I am being accused of doing something at work that I did not do. I will be written up for the incident. Do I have to sign the warning?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PAJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: my manager does not like me and has been hostile at times. swearing at me for little thingsJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Infolawyer

Attorney

Juris Doctor.

 
36,638 satisfied customers
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