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I was looking to get advice due to being terminated and then…

Customer Question
I was looking to...

I was looking to get advice due to being terminated and then reinstated 20 minutes after due to telling my employer I was going to contact the EEOC and a lawyer

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I was full time and was forced to go part time last november

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, i was placed on suspension on 11/15, i received a letter on 11/16 stating i was a former employee to the company. i as well did state to the employer i felt this we pre meditated due to the letter i recieved

Submitted: 5 months ago.Category: Employment Law
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Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 9 minutes by:
11/21/2017
Employment Lawyer: Olivia Kent, Attorney replied 5 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Employment Law
Satisfied Customers: 2,929
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can. I would be happy to speak with you by phone if that is what you prefer - just click the button requesting a call on your end.

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Customer reply replied 5 months ago
no, i would prefer to email
Employment Lawyer: Olivia Kent, Attorney replied 5 months ago

What can I answer for you?

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Customer reply replied 5 months ago
i was placed under suspension on 11/15 for an abuse allegation. On 11/16 i received a letter from my employer stating that i was a former employee and if i wanted to cash out my 401k. i called the HR and they stated it was generated in error. on 11/20 i had a meeting with the investigator to give my statement for my suspension. today my employer contacted me stating they were terminating me due to the allegation being founded for abuse from witness statements and for having prior write ups for attendance. i asked how could it be founded on witness statements if the people that were present in the home were not in line of site. i stated to the employer that i felt this termination was premediated because of the letter i received last week and that i would be contacting the EEOC and a lawyer. they contacted me back about 20 minutes later stating that they were no longer going to terminate me, instead they were going to give me another write up like it was recommended from the investigation findings. I have not contacted them back yet due to feeling as if i am going to now be walking on egg shells because i feel like they are going to look for any and every reason to terminate me
Customer reply replied 5 months ago
as well during the conversation today when i stated that i felt the termination was premeditated because of the letter, my employer stated that it wasn't that the letter was generated when they switch over to their new pay portal. they switched to the new pay portal back in march. my employer then stated that the letter was generated due to my leave of absence that i took. my last leave was back in nov. 2014. i have not taken one since then. the letter is dated nov 3rd 2017
Employment Lawyer: Olivia Kent, Attorney replied 5 months ago

What do you WANT to do? Do you want to go back - or do you want to quit. You may want to go back and start looking for another job; it's always easier to find a job when you already have one but I get how it's a terrible situation to be in. Frankly, if you're going to go back, I would demand that they NOT give you any written warning under the circumstances.

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Customer reply replied 5 months ago
my concern as well is I'm in nursing school and the abuse goes on my record. this can potentially put my career at a halt for a false abuse finding. it was a he said/she said situation that has no evidence to it. i love my job but i don't want to feel like i am on edge with this job. i have already been diagnosed with anxiety because of many situations i was put threw over my 7 year employment with them.
Employment Lawyer: Olivia Kent, Attorney replied 5 months ago

Okay, then it sounds like you've made the decision that is right for you... not going back... but you may want to consider the EEOC anyway....

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Employment Lawyer: Olivia Kent, Attorney replied 5 months ago

You just want to make sure that you draft a resignation letter - so it's clear YOU resigned and weren't fired.

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Employment Lawyer: Olivia Kent, Attorney replied 5 months ago

Hi. Just wanted to check back with you to make sure you had all the information you need...

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Olivia Kent
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Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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