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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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I am a Field Services Manager. An hourly employee who has

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Hello - I am a Field Services Manager. An hourly employee who has been with the company for 30+ years has been known to bully other employees, and manipulate in order to get her way. She questioned my authority several times in the past, and just recently has created a situation so bad that she has come between myself and my G.M. She has been on medical leave for 3 months. She is due to return soon. During a conversation, I informed her that I was removing her from one of her assigned duties, which involved her being at the work site for over 15 hours, due to the distance from her home. I have other employees who live closer, which would make it so they could go home for the 3 hour break in between duties, making it a 12 hour shift. She went to my G.M. claiming I am retaliating against her because she was on leave. She gets overtime and double time pay for the hours she works at this site, so ultimately, it also saves the company money by having someone who is closer perform the duties. She has gone to my boss several times in the past when she didn't agree with one of my decisions. I have made requests to my boss to put a stop to this bullying and harassment, and he has done nothing. Do I have any way to put an end to her conduct? I love my job, however I feel my blood boil whenever I have to deal with this person, who I don't trust nor respect.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California ... yeah, good luck!
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do have documentation of incidents and problems we have had with her in the past

If I have a company and I want to work as an Independent contractor, what are the legal formalities to set up that company in the state of Georgia?

Hello! I am a California licensed attorney admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry that you're having to deal with this situation. Sometimes, having employees that are picture that can be one of the biggest challenges to a manager. However, unless the individual is on a contract, there going to be an at-will employee. This means that under California law you can terminate a person for any reason at any time. If you have the authority to do so, then I would recommend doing such a thing if you feel like it would be best. On the other hand, it may be a little bit more complicated than that. Because this person is out with a disability on leave, you have to be very careful that any negative actions that you take against this individual is related specifically to her work performance and not in any way related to her disability. It is very likely and probable that somebody like this may file a claim of discrimination against you in the future, which could be more trouble than it's worth.

One of the things that I would recommend to people this to make sure that you are documenting everything that you believe is related specifically to her work habits, work ethic, or performance. This means also documenting everything as well so that way if it came down to it you would be able to prove to a judge that you were not discriminating on this individual for their disability, but rather you are only discriminating against this person for legitimate purposes.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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