Employment Law for Employers

Harassment - Is there anything I can do ?

SeeG — Wed, 01 Sep 2010 01:03:45 GMT

I am an administrator for a medical group. In the medical group the 2 partners do not get along and always put me in the middle of the disputes. The eldest partner is, what I believe, Paranoid-Schizophrenic with Manic tendancies and a hibitual liar. This partner is constantly screaming at me, accusing me of being "buddy, buddy and in cohoots with the other partner to do "some type" of wrong to him" ( In my own defense - I am not - He may feel this way because I get along with the other partner better - because he doesn't scream at me & harrass me on a daily basis) I have worked for "jerks" before & I can handle the "screaming and even the accusations" What I find repulsive & want to know if I have any recourse for is:

1. I have a health condition which requires me to receive treatment 2 X / week - total of 4 hours/week (not enough employees in the company to have intermittent FMLA) The partner complained (not to me, but to all of my staff & the other partner) that I was not in the office 8 hours - so I typed a letter to him explained that on the days that I have treatments - I arrive at work 2 hours early to make up for the lost time. I even started punching the time clock (even though I am a salary employee) so that he could see that I work over 40 hours per week even though I go for these treatments. And I asked him to NOT discuss issues about me with the staff, to please discuss with me if he has a problem.

2. This partner keeps telling staff what my wages are. He tells staff what other staff's wages are. He accuses his partner of unspeakable acts (to the employees in the office).

3. He tells my staff that I am "F'ing" Worthless and he's going to fire me. ( I have been employed there for 16 months -- he's yet to say these things to my face)

4. He makes it perfectly clear to the staff that he dislikes me severely, it is disinigrating the morale of the office, the respect of the employees and not to mention weighing on my shoulders very heavily - As I can tell you, and I have told him & the other partner - They can contact any of my previous employers - I have always been well respected in my position, I have always been a superb employee and always dedicated to the businesses I've worked for and I have NEVER been treated so poorly by any human being.

The topper of it all...........I live in Las Vegas, NV (where employment law is "crap" and because of the Casino industry - Employers here pretty much get away with anything & everything they want.

confidentiality

Targeteye — Wed, 08 Sep 2010 12:58:10 GMT

After an employee is termed for attendance violations, files for unemployment and is subsequently denied benefits, is it a violation of confidentiality if the manager shares that information with another employee?

question about pentalizing for not responding to oncall time

tgray10 — Mon, 06 Sep 2010 21:12:26 GMT

I understand the laws about being on-call and when its considered non compensatable or compensatable but i'm still left with a question... if you are "on call" but its non compensatable (meaning you are on call but you are allowed to go about your buisness and don't have to be within a certain distance of your work place), but you don't respond to being called in (either deliberatly or non deliberatly) does the employeer have the right to penalize/fire you for it??

Here's my story. I work for Blockbuster Video and we have ''on call shifts'' that are non compensatable, but we get wrote up for them if we choose to ignore the call or refuse to come in to work. As it is the policy with many workplaces, 3 "write-ups" and you are released from the job. So my question is, even though we are allowed to go about our buisness and don't have to be within a certain distance, with these circumstances isn't it really the same as the requirements of compensatable on call time since it threatens the loss of your job? For example if i'm on call and i know if i don't respond to the call or work the shift that i will get wrote up for it than in turn i'm going to always repsond to the call and be within enough distance to make it to work so i won't be penalized which contradicts itself because i'm really not permitted to go about my business without the possibility of being called in and then being penalized for it if I choose not to.

i would really like this answered for me... please reply if you have any information. thanks!

Prevailing Wage Overtime rate - case law?

PRmgr — Fri, 20 Aug 2010 16:54:21 GMT

I'm looking for any case law to show which rate overtime is based on for a prevailing wage job. The question is if the employee's regular rate of pay is less than the prevailing wage but we meet the total requirement since our benefits exceed what is required, can we use the employees actual rate of pay. Below is a scenario to help clarify:

Bob is paid $9.00 an hour and recieves $4.00 in qualified benefits for a total of $13.00 and hour. The prevailing wage job he is working on requires us to pay him $10.00 and hour and $2.50 in benefits for a total of $12.50 an hour. Since his total package exceeds the prevailing wage requirement we do not have to pay him any additional amounts, he receives $9.00 an hour for up to 40 hours. He works 50 hours in the week which requires us to pay 10 hours overtime premium. Can we pay him $13.50 an hour ($9.00 x 1.5) or do we have to pay him $15.00 an hour ($10.00 x 1.5)?

The Davis Bacon act does not specifically address overtime pay, it just refers to FLSA which just indicates 1.5 times the basic rate of pay. I called the DOL and was told we have to use the higher of the two rates when calculating overtime, however I can't find any specific examples in the regs and would like to be able to refer to case law to show management. Also, I know the IRS help lines have a notoriously high rate of incorrect information and am concerned that the answer I recieved might not be correct.

Fired and forced to sign over paycheck

amusedone — Sat, 17 Jul 2010 04:55:40 GMT

I was fired today from my job as General Manager of a local restaurant chain. One of my assistants desposits was over $100 off from a shift I managed, and I was told that as such, it was my responsibility and was told that I must sign over my paycheck. I've heard this violates the FLSA, but now I am unsure of what can be done, if anything. I have no job and they have the paycheck I should have received.

I need help filing an unemployment appeal

jeztur2003 — Mon, 06 Sep 2010 13:00:33 GMT

I was denied unemployment then I then appealed and have been receiving unemployment for a while. Now they have appealed and won. I need help making another appeal. Let me explain the situation to you. I was originally denied unemployment for misconduct i then appealed and won now they say it is not misconduct it is being adjudicated under boynton cab: The claimants actions showed an intentional and substantial disregard of the employers interests. Let me explain to you what happened. I was a truck driver gone all day so i was issued a phone upon hiring. I was never told instructions on what to do with the phone so i made personal calls on it as well as business calls. This has already been stated in the first hearing and they have admitted to having no policy towards phone use. They asked me to sign a form to reimburse them for the phone calls but i refused since they had not gone over the bill to see which calls i was responsible for. I would not have had a problem with paying my share of the bill but not before they investigated it. They also stated in my reversal that the claimant argues that the captioned employer had no specific policy pertaining to the use its company cell phones. Even so a prudent person in like circumstances would certainly understand after being told that the cell phone is a company cell phone that said phone is to be used for business purposes. Now i need to appeal this decision again and i need a good argument. Any help would be greatly appreciated.

Vacation time advanced to employee, then he quit.

Funroof — Thu, 12 Aug 2010 13:53:58 GMT

Our company gave one of our employees an advance on his vacation time so he could get a check for it because he said he was having hard times. He then quit less than a week later. Can we charge him back for this? He still has a final check for more than the hours given, can we just deduct them from that? Please help, this guys is really a piece of work. THANKS!!

My fiance was fired after being hurt at work.

rebafan — Thu, 12 Aug 2010 01:31:32 GMT

My Fiance was fired after being hurt at work during work hours. Workers Compensation denied him and he ran out of leave and FMLA. His 30 days leave of absense was denied so the fired him. Right now he has no insurance and needs surgery ASAP. Unemployment doesn't want to pay him because they aren't sure if he will be able to work Full Time or Part Time. We are stuck right now and not sure what to do. Not sure if we could go after his employer which is the County Government. Please let me know of anything we can do.

Am I legally bound to this contract?

python1349 — Wed, 11 Aug 2010 00:31:49 GMT

I'm 14, and my 13-year-old "employer" seems to think he has me in a contract. He wrote the contract himself, and he is paying me $0.00, which he claims is a legal amount.

I've told him the following:
"Under US law, I am not eligible to be under a legally binding contract. The minimum age to be in a legal contract is 18 in Pennsylvania and 46 other states. The only exception to this is a work contract with pay. The agreement states that I will be paid nothing. Also, children cannot form legal contracts. (I recall you telling me that you were 13.)"

He's said the following to me:

I'm sorry there was a typo. As the contract states, we have the right to change the contract at any
time. It was supposed to say $8.00
However, you quit the job, but did not terminate the contract, as the contract says.
My friends dad is a lawyer.

The contract states: "This instrument is the entire agreement of the Company and the Employee. Oral changes have no effect. It may be altered only by a written agreement signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought." (Whatever that means)

He also lied, first saying that HE wrote the contract, then he said that his dad wrote it. He also just lied about his age, saying that he was over 18.

Also, they didn't use my legal name. He used a nickname.

Am I still in this contract? Can I sue them?

This was an email contract (not physically signed, my name was just written) and a copy is available on request. Also, is it true that I need a parent/legal guardian to sign the contract to make it legal, if he was over 18?

on call pay

kymber — Tue, 03 Aug 2010 15:20:12 GMT

I am a nurse in SC who works full time. We are required to be on call one or two days a month. We are not paid for this time unless we are called back to work. As it is, the on call day is dreadful as you cant make any plans since you may be called in. Are we entitled by law for on call pay? At my last job, we were paid a nominal $2.00/hr to be on call, but hey it was something! Any answers would be greatly appreciated as i cannot find the answer anywhere, thank you:)

Non-profit hiring

sallyd — Fri, 30 Jul 2010 08:54:02 GMT

Can a non-profit in Maryland fill a new position without posting internally or externally?

PLEASE HELP ME! WHAT SHOULD I DO?

MRSLEWIS — Wed, 28 Jul 2010 20:08:26 GMT

HI MY NAME IS TIFFANY LEWIS. IM ONLY 22 YEARS OLD BUT I HAVE A MAJOR PROBLEM ON MY HANDS. THE COMPANY I WORKED FOR FIVE YEARS RECENTLY JUST CHANGED MY LIFE AROUND. IM YOUNG SO IM THINKING ITS BECAUSE THEY THOUGHT THEY COULD RUN OVER ME. GUESS AGAIN I WILL STAND UP FOR MYSELF AND MY FAMILY. SO THIS IS HOW IT BEGAN.

FIRST OF ALL, IMPORTANT NOTES

-I WAS 1ST ASSISTANT MANAGER

-IM A WHITE FEMALE MARRIED TO A BLACK MAN WITH A CHILD(BI RACIAL)

-I STARTED WORKIN WITH THIS COMPANY IN 2005

-MY HUSBAND NOW BUT FIANCE THEN STARTED WORKIN WITH THIS COMPANY IN 2007

-AT THE TIME OF TERMINATION I WAS 9 MONTHS PREGNANT AND DUE ANY TIME.

OKAY HERE GOES THE LONG STORY I WILL TRY TO MAKE SHORT.........

ON NOVEMBER 29, 2009 SUNDAY(MY LAST DAY WORKING BEFORE MY TWO DAYS OFF MONDAY AND TUESDAYS) MY GENERAL MANAGER CAME TO ME WHILE WORKING AND MADE THIS COMMENT. "TIFFANY, SOME EMPLOYEES HAS CAME TO ME AND SAID YOU HAVE BEEN USING THE "N" WORD. IF YOU ARE YOU NEED TO STOP." SHE TURNED AROUND AND STARTED WALKING AWAY. I TURNED AROUND AND CONTINUED TO STIR MY PASTA AND REPLIED NON SHALANT, "oookkk" MEANING WHERE DID THAT COME FROM. ANYWAYS NOTHING ELSE WAS SAID TO ME AT ALL THAT DAY. MY GENERAL MANAGERS SHIFT THAT DAY WAS 8-6 AND MINE 1-CLOSE LIKE ALWAYS, LIKE EVERY OTHER SUNDAY SINCE I COULD REMEMBER. I WAS OFF MONDAY AND TUESDAY AS USUAL. WEDNESDAY MORNING I CAME TO DROP OFF MY HUSBAND HIS SHIFT WAS 8-2 THAT DAY AND MINE WAS 1-CLOSE. WE ONLY HAVE ONE CAR AND LIVED 45 MINUTES AWAY SO I USUALLY DROPPED HIM OFF AND LEFT TO GO TO MY PARENTS HOUSE OR MY SISTERS. ON OCCASION I WOULD STAY UP THERE AND STAY IN THE CAR AND SLEEP UNTIL IT WAS TIME FOR MY SHIFT TO BEGIN. BUT WE COULD NOT AFFORD AT THE TIME TO DRIVE BACK AND FORTH TO HOME AND WORK SEVERAL TIMES A DAY. SO AS I WAS SAYING, WEDNESDAY DECEMBER 2, 2009, I DROPPED MY HUSBAND OFF AT 8 THAT MORNING. WHEN WE PULLED UP THE AREA SUPERVISORS CAR WAS PRESENT IN THE EMPTY PARKING LOT WHICH WAS VERY UNUSAUL. SHE WAS FROM NASHVILLE (TWO AND HALF HOURS AWAY) AND VERY RARELY VISITED OUR RESTAURANT. AS I WAS LEAVING THE PARKING LOT MY HUSBAND RAN OUT AND WAVED ME DOWN. I STOPPED AND ROLLED DOWN THE WINDOW. HE SAID, "COME INSIDE SER*** WANTS TO TALK TO YOU." SO I PARKED AND WOBBLED UP THERE NINE MONTHS PREGNANT AND VERY SLEEPY. SHE AND MY GENERAL MANAGER WAS SITTING AT A BOOTH AND SHE SAID COME HAVE A SEAT WE NEED TO TALK. SHE SAID, "I WOULD LIKE FOR ED(MY HUSBAND) TO STAY, IF THAT OKAY? I REPLIED, "YES IT IS OKAY". SHE CONTINUED, A EMPLOYEE HAS FILED A LAWSUIT AGAINST US SO WE ARE GOING TO HAVE TO LET YOU GO. THEY SAID YOU WERE USING THE "N" WORD." I IMMEDIATELY STARTED CRYING. MY FIRST THOUGHT IN MY HEAD WAS HOW WAS WE GOING TO PROVIDE FOR OUR NEWBORN DUE ANYTIME. I WENT INTO A PANIC ATTACK. COULD NOT BREATHE. SHE SAID, "ED WE WILL PAY YOU FOR TODAY AND TOMORROW GO HOME AND TAKE CARE OF YOUR WIFE." THE GENERAL MANAGER WAS CRYING AS WELL AND WALKED ME OUTSIDE AND SAID, "TIFFANY, CALM DOWN YOU COULD GO IN EARLY LABOR." I SAID, "I CAN NOT BELIEVE ANYONE WOULD SAY THAT I WOULD NEVER USE THAT WORD AND YOU KNOW IT." AND I TURNED AROUND AND GOT INTO THE CAR.

DECEMBER 3,2009, I FILED AN EEOC COMPLAINT AGAINST THAT COMPANY STATING I FELT LIKE I WAS TERMINATED BECAUSE THEY DID NOT WANT TO PAY MY MATERNITY LEAVE.

DECEMBER 3,2009, I FILED FOR UNEMPLOYMENT BENIFITS.

DECEMBER 20,2009, OUR LITTLE ANGEL WAS BORN.

JANUARY 4,2010, MY UNEMPLOYMENT BENIFITS WAS ACCECPTED.

JANUARY 15, 2010, THE EEOC CONTACTED ME. THEY ASKED ME WHY I FELT LIKE FAZOLI'S DID NOT WANT TO PAY ME MATERNITY LEAVE. AND I TOLD THEM WHAT HAPPENED.

ON OR AROUND APRIL 15, 2010, I RECIEVED A LETTER STATING THAT MY EMPLOYMENT BENIFITS HAD BEEN APPEALED.

AROUND MAY 5, 2010 I ATTENTED MY UNEMPLOYEMENT HEARING LOCALLY. ***AND THATS WHERE THE STORY CHANGES***

IT ALL CAME TO THE SURFACE AT THE UNEMPLOYEMENT HEARING. LONG STORY SHORT. MYSELF, MY HUSBAND, AND OUR ATTORNEY REPRESENTED OUR SIDE. THE AREA SUPERVISOR, THE GENERAL MANAGER, 1ST ASSISTANT MANAGER NOW, AND TWO EMPLOYEES REPRESENTED THEIR SIDE. IN THE HEARING I WAS TRYING TO PROVE I DID NOT SAY THE "N" WORD THEY WERE TRYING TO PROVE I DID. WELL MY LAWYER WAS TRYING TO PROVE EVEN IF I DID I HAD NO OFFICIAL WARNING OF THIS MATTER AND THAT IS WHY IT WAS WRONGFUL TERMINATION. WELL TO MAKE THIS MATTER CLEAR I DID NOT USE THE "N" WORD I ACCTUALLY TAKE OFFENSE TO THAT SEEING THAT MY HUSBAND AND MY DAUGHTER ARE AFRICAN AMERICAN.

IN THE PACKET OF EVIDENCE THE 1ST ASSISTANT MANAGER NOW. WHICH SHE IS VERY IMPORTANT WE ARE GOING TO REFER TO HER AS WILLIS. SHE IS THE MAIN CHARACTER IN THIS FAIRY TALE STORY THAT SHE MAKE UP IN HER HEAD. AS I WAS SAYING WILLIS SAID THAT I USED THE "N" WORD ON A DAILY BASIS FOR OVER A YEAR AND SHE FINALLY GOT TIRED OF IT. AND ALSO IN THE PACKET OF EVIDENCE WAS A WRITE UP I HAVE NEVER SEEN. IT WAS DATED 11/29/09 STATED THAT TIFFANY WAS WARNED ABOUT USING THE "N" WORD AND CONTINUED TO DO IT. WAS THIS A REPEATED VIOLATION YES AND SIGNED BY THE GENERAL MANAGER THE SAME ONE I WORKED WITH ALL DAY SUNDANY AND AT THE BOTTOM A LITTLE NOTE WAS ADDED BY SOMEONE ELSE IT SAID TERMINATED BEFORE SIGNATURE WAS GOTTON. SO NOW IM REALLY CONFUSED. I HAVE SOMEONE (WILLIS) WHO HAS NEVER LIKED ME FROM DAY ONE. THE SAME PERSON THATS RESPONSIBLE FOR AT LEAST THREE PEOPLE QUITTING BECAUSE SHE WAS SO RUDE AND MEAN TO THEM. THE SAME WILLIS THAT WANTED MY POSTION FROM DAY ONE THE SAME WILLIS THAT HAD A CRUSH ON MY HUSBAND THE SAME WILLIS THAT CAME TO WORK ALL THE TIME SAYING THAT SHE THOUGHT SHE MIGHT BE PRENANT SO IM GUESSING SHE WANTED A CHILD REALLY BAD. THIS SAME YOUNG FEMALE ACCUSED ME OF USING THIS WORD BECAUSE SHE WANTED ME OUT OF THERE SHE WANTED MY POSTION. WELL GUESS WHAT THIS FAIRY TALE SHE MADE UP IN HER HEAD IT WORKED THEY BELIEVED HER . AND THE TWO OTHER EMPLOYEES THAT WERE THERE ONE DID NOT TESTIFY THE OTHER ALL SHE SAID IS SHE HEARD I USED IT. AND COME TO FIND OUT LATER THAT WILLIS THREATNED THE TWO EMPLOYEES WHICH WERE DATING AT THE TIME IF THEY DIDNT SAY I USED IT SHE WOULD GET THEM FIRED.

CAN YOU BELIEVE THAT? NO PROOF JUST HER WORD AGAINST MINE! IS THAT WRONGFUL? SHOULD I LET THIS HAPPEN AND DO NOTHING ABOUT IT? OR SHOULD I STAND UP FOR MYSELF AND MY FAMILY AND MAKE SURE THIS HAPPENS TO NO ONE ELSE?

manager hitting employees

helpme04 — Sun, 25 Apr 2010 01:40:32 GMT

i work at a fast food restraunt. the general manager of the store is a jerk, he lets you know he is in charge he does whatever and if u tell him otherwise he makes ur life hell. his idea of fun at the workplace is assulting his employees. he hits them, punches them in the stomach etc. he has hit me on more than one occasion. he punched m in the stomach the other day and when i complained i was called a "***. i told the other managers and he just treats them like crap. everyone who works there tries to ignore him. i cannot ignore this any longer. i found out that he had been fired for this before. i emailed the company and am waiting for response. what should i dom should i make a police report get a lawyer or what.

Employment and Education?

isackson1 — Sat, 24 Jul 2010 21:29:03 GMT

Question: my husband is 55 yrs old - working in the grocery store industry for over 40 years. He has been employed for 10 yrs in his current store as a Produce Manager. This chain of stores in NC is closing stores one at a time through out the state, and his store is slated to close the end of August 2010.

With little guarantee of a position in another store, he has signed up for Adult Continuing Education Classes at the local Community College that will requite one night a week and one full day a week (Friday 6-9pm and Saturday 8a-4pm) for 8 weeks to complete this class for CNA training.

If he is offered a position in another store, does he have protection under the law to pursue this class with out repercussions (ie. firing, cut in pay and/or hours worked/week). (In other words, he cannot be refused a day off to take a single college course out of a 7 day work week.)

With the instability in our present economy, and taking into consideration his age, education, etc. We feel that perhaps a change in career would be something to look into before he reaches the age of retirement. We are concerned that taking a college course may jeopardize his current employment with this company.

Unemployment being appealed, need your help

SpacemanCraig — Thu, 22 Jul 2010 19:27:32 GMT

Ok so I worked at NTB for a year, after that year i was told they were letting me go and my manager gave me the option of quiting or being fired, i should have just said that i was gonna get fired but i signed and wrote a note saying i was going back to school as a lie b/c my manager was scaring me thinking it would ruin my employment.

The reasons he gave were for brakes that were stolen and missing from inventory, and right after they blamed me for stealing he kept a little track record of the smallest things i did wrong that others do in the shop all the time without getting written-up. he showed me 2 write-ups that neither he nor i signed.

A few days another employee found that 1 the brakes were never stolen and 2 they don't even fit my car.

I filed for unemployment under one of the quiting reasons it was something that ment i quit because of my beliefs or something. Well i got it and they appealed 3 times with their appeals being upheld each time. now its being sent to the higher ups or something and there will be a hearing for it.

Now the master tech there who has been there longer than anyone stated "I'm pissed, Craig was one of the best workers we've ever had here"

another tech who happens to be my best friend would say anything for me,

and tire tech who is now my friend would too.

so my question at hand is what should my angle be for this hearing. I'm sure he's gonna bring up my paper where i said i was going to school. but i mentioned in the other appeals that i felt forced to sign it. and i said my case and they let me keep my unemployment each time but idk i just have a bad feeling about this, should i get a lawyer? i have one thats a friend of my dads but thought id see what others might say on here.

thanks in advance.

Salary Contracts

Bluecrest8 — Tue, 20 Jul 2010 02:53:11 GMT

When I started for this company in August of 2009 I had to sign a contract to work for a fixed salary. There was no time constraints on this contract. Today 07/19/2010 (we) the employees of this company were told that (they) the company were going to cut our wages by 10%. Is this a breach of contract?

displine problem

scarrletbird — Mon, 19 Jul 2010 16:13:50 GMT

I have over 200+ accounts for the last 5 years. In June out of know where some very ugly person sent a letter to the president of the company complaining about me. everything in the letter were nasty and untrue. I didnt even know we had a problem. A normal person would have asked for a manager at first then their supervisor but not this lady, she sent a letter to the corporate president. I was upset but since it was totally unfounded and the fact I have hundreds of other accounts please with me I didnt think twice about i. Iwas wrong, I over heard 2 directors referring to me as a 'discpline problem" and they never asked me my side of the story. I was told it would be addressed when I came back to work (nice thing to leave over someone's head). Should I send a letter to HR or the president too. Can they fire me over one letter?

Help, I am on an earned vacation and I had to work everyday

scarrletbird — Mon, 19 Jul 2010 16:08:04 GMT

I eared the month of July off for my vacation. It is compensation for all the "extra" hours I worked but not paid for because I am a salary employee. I get calls all weekend and after work hours so I know this paid month off is earned. But my employer continues to call me, email me and ask me to work on proposals needed asap. There is no consideration of my plans. Is this legal? Isnt there a law of some kind that protect me and my earned time off?

thanks

scarrletbird

Age Discrimination?

AMWolf — Tue, 06 Jul 2010 21:51:05 GMT

My assistant recently took a position with another company. She arranged for us to interview with someone she thought would be a good fit for the company. The person was a good fit and was hired. The owner of the company indicated to me that he intends to pay my new assistant less than the previous one. The previous assistant was in her 20's, the new assistant is in her 40's (possibly early 50's). Nothing about the job is different.

Both women have college degrees, both have great references, the new hire has a longer work history so brings a wider range of skills to the table, including many that will be useful in her position. Neither have had a comparable position to this one in their work history.

If the owner of the company does try to pay the new hire less than the previous assistant, are we setting ourselves up to be vulnerable to and age discrimination suit? (The two women in question are related, so it is likely the information on compensation could be shared.)

Reassignment of new mom

Drew — Mon, 05 Jul 2010 18:40:59 GMT

New mom has used up available leave and has returned to work for a few months.

Mom is both expressing milk and breastfeeding.

Mom has been asked to assume a temporary assignment along with others in a major envoronmental clean up project sevaral 1000 miles away.

Mom is resisting on grounds it may contamnate her milk and or expose her child to harm w/o proper milk---child will not go with parent is so assigned

Social issues aside, any legal merit to any such views not to go?

Wrongful Termination, Discrimination and Retaliation

Bostonian2001 — Sun, 04 Jul 2010 05:54:00 GMT

My Husband has been working at a (once) very large investment company (still a good size though) that was guilty of insider trading (not my Husband, the company) not too long ago. He had been there almost 16 years and had always received more than stellar reviews from his managers up until last year when he got a new manager that had an issue with his "tone." It's something he can't really help, he is mono-tone and has been all his life. At some point between last year and a few months ago, she was aware of my status of "legally disabled" and the company was aware of this, and she was also aware that a few years prior that our daughter had a disability when he had to file for FMLA (which was granted). The company claimed that they accommodate those who have to take care of loved ones with disabilities, and they did initially do that...until she came along. He wouldn't take a day off or anything, he would work from home which was pretty standard for all those in his group to do from time to time. Not only that, but, she tried to get him to leave when she told him he had to take a 20% pay cut, but he took the cut and stayed and she made it clear that she didn't like that. She was suddenly not his boss just about six months ago, nobody was his boss. He did his job though, working with others on very large and time consuming projects and at times would work 60 hours a week. Because he had to work with others over in India, he would have to stay up very late to have conference calls with them due to the time difference. He did such a wonderful job that he got an award for his fantastic performance on the job. He was also the "key contributor" for the last big roll out that was final the week prior and was already working on the next big project. After getting this award, he happened to pass that old boss in the office and thought it was odd that she was there (for reasons too detailed to get into now). He worked between more than one office. The next day, literally, after receiving this "Performance Award," he got a call from a "gentleman" that isn't even qualified, nor does he have the experience or any knowledge in my Husband's field just as my Husband was disconnected from the network (my Husband was scheduled with a conf. with another co-worker at the same time for this new project) He was not in HR, just some random manager. He told my Husband "Due to PERFORMANCE issues, we have decided to terminate you." The "gentleman" that fired him is very friendly with his ex-boss who likely took part in the selection of the layoffs less than a week prior. My Husband was never given the three people he needed to do his job with ease, but did the job of four people and putting in all those hours and recognized for it in two positive documented manners. They terminated him which meant no severance package (It would have been a good amount if they did give it to him based on the packages with his salary and many, many years with the company). There is no word to describe how my Husband's co-workers felt about this, other than complete and utter shock. They also believe that she had everything to do with his termination to get back at him for many issues. He only worked from home, maybe once, under her. She did NOT like the fact that I was disabled, nor did she like the fact that she saw that he had taken the FML when our daughter had cardiac surgery years prior. He even went back to work earlier than he would have liked as our daughter was very ill, but he was committed to this company and was there for them when they needed him in a dire situation. All of the emails he has gotten from his co-workers say the same thing...that she had it out for him and "Why did "he" have anything to do with you ?" meaning the man that fired him. My Husband never even reported to him and if he was supposed to, he wasn't ever made aware of that, or who he was supposed to go to. How can he be terminated with the reason as "Performance" when he came home from work the day prior with an award for it AND there was even a small bonus in his paycheck for his outstanding performance? Also, how can the man that fired him even be able to when he doesn't even know the job my Husband does, or how to judge his actual work? The woman in HR was on the phone and did not agree, or, disagree that it was for that reason (assuming she can't) but she did tell me when I asked if their attorney actually signed off on this termination for the reason stated in which she replied "Yes." We were told that because of the reason they gave with him getting that award the day prior, along with the bonus stating the reason for bonus on his pay stub , would prove to be a case against them. I need to know if any other attorney's out there agree and if so, we need to hire someone soon. I am on medication that if I don't take, could have serious consequences. Our daughter needs her medical care too or God forbid, something will happen to her! In the end, we want those that are responsible to pay for what they are doing to my health (this is making it WORSE) and to pay for the humiliation my Husband is suffering through as well as this bogus reason for terminating him and not laying him off with a severance package because of that ex-boss having it out for him. It makes NO sense at all! Yes, I know, "any reason" in MA, but they cannot justify the reason given.

Time Limit for Wrongful Termination CA

Corrie — Thu, 01 Jul 2010 07:43:40 GMT

Anyone know if there is a time limit to have an attorney file a wrongful termination claim? And or if the time limit can be waived if I file it myself?
Thanks

I didn't have W.C. insurance when an incident .....

RBader01 — Sat, 19 Jun 2010 09:24:38 GMT

occurred in my medical office in April, 2007. My medical assistant was leaving for the day and clocked out at 6PM on a tuesday in 2007. It turned out that she left at 4:30PM and had padded hours since I was at the hospital.

She was not working when she left. When opening the back-door to the parking lot, she was surprised to see my wife bringing in paper-products to resupply my office; since my hispanic Med. Assistance was jealous that I had married another Hispanic woman, She started hitting my wife with her fists, nails and her purse. There was lip-stick, combs, mirrors,.all from her purse all over the xray room. Since there were no witnesses, she filed a lawsuit against me as an uninsured employer, against my wife as a "work hazard" and filed a W.C. claim. Making an extremely poor subject at her deposition during the civil case she filed against me, I prevailed with a Judge's Summary Judgment. During the case against my wife, my attorney deposed so many people who later worked with her after she left my employ and who under oath would truthfully state that the Plaintiff never missed a day of work Knowing that the Plaintiff, her husband and four co-employees would testify she had no injuries and never missed a day of work. A day before the depositions were to take place (July 7, 2009) Plaintiff's attorney suggested a verbal settlement over the phone to my attorney. The agreement consisted of dismissing the civil case against my wife and dismissing the W.C. case, if i would give the Plaintiff, his client $3000.00. At the Closing Hearing the Judge dismissed the case, waived my $3000.00 damage payment to her, knowing the facts of the case and because the Plaintiff's attorney didn't show up. I have three questions.

#1. After my attorney agreed to accept the verbal settlement offered by the Plaintiff's attorney to dismiss the civil case and W.C. case, she waited 2 months until she sent a Stipulation (?) out-lining the verbal terms agreed upon; there were two signature lines; one for the attorney and one for the Plaintiff. By that time the Plaintiff's attorney had left the firm.

My attorney waited 2 months before sending the Stipulation to the opposing side. I heard from other attornies that when a verbal agreement is reached, you immediately send a letter by mail or courier for the appropriate signatures within 48 hours.

By waiting 2 months before sending up the Closing Stipulation and never calling, the Plaintiff's side filed it since there was no pressure put upon them to honor the verbal agreement made by an associate attorney who no longer worked for the firm. The new attorney saw this open and juicy W.C. case against an Uninsured Doctor and never signed or returned to my attorney. What Luck!!!.

Now I'm faced against the UEF, additional defense costs, increasing medical billings (very fradulant), and time away from my office patients and income to meet with my W.C. attorney.

By "dropping the ball" in not sending a Closing (?) Stipulation for six weeks after the verbal agreement was made on the phone between the two attornies; by never calling the opposing office to sign and return the document, her negligence became the reason why I have a wide-open W.C. case currently on-going. I'm loosing money and time now and may loose big-time possibly in front of the UEF.

Did my civil defense attorney commit legal malpractice as per violating her legal/ethical obligations to me as her client.

The excuse she uses to hide her follow-up deficiency of the verbal agreement, was stated by her to me because..."well, the attorney told me the Plaintiff agreed to the dismissals, but now six months later has changed her mind, and is ready to proceed with the W.C. case...that's not my fault.....Dr." I believe it's a bold-face cover up to divert my attention away from 1. her assumption that a verbal agreement was legally binding and 2. that she waited so long to send the Closure Stipulation, that now I'm at the mercy of the W.C. Board. The Plaintiff has amassed a quacky medical billing to date of $50,000 from a cat-fight in which she was circumstantionally concluded to have been the initial aggressor, however no witness were present.

Should I investigate filing a legal malpractice lawsuit against her?

Thanks for any advice/feedback. Local attornies won't talk to me because nobody apparently wants to be connected with a legal case against one of their own. Any good attornies out there?

Robert Bader, M.D.

Discrimination or Harrassment!

Shortylove — Tue, 08 Jun 2010 23:17:01 GMT

I live in New Jersey and work in a small law firm office. Last year around this time a partner in the firm complained to the office manager about my fragrance. He told her that he was getting an allergic reaction. When the office manager confronted me about the situation, I was puzzled, but I stop wearing the fragrance. In fact, the human resource manager sent a memo around the office stating that everyone in the office should stop wearing all types of fragrances and to only wear a non-scent product such as, lotion, deodorant, soap etc. A year later everyone in the office is still wearing there fragrances (excluding me) and this partner is still complaining about I am making him sick with my fragrance. I have told the office manager and the human resource manager on several occasions that I am not wearing anything, but this partner continue to complain and the office manager continue to harass me. In my opinion, this partners has a serious problem with me, because I will not acknowledge him. At this point, I am getting very impatience and annoyed at the situation. My office manager and I had it out several times. In fact, just the other day the office manager told me to stop wearing the non scented lotions that they told us to wear and don't go near his office!! Is this a form of harassment or discrimination.? Do I have any type of case here. I am currently looking for an employment attorney as well as looking for new employment.