Employment Law for Employees

HR rules and regulations

mgr25 — Fri, 10 Sep 2010 02:06:41 GMT

I have another scenario... please assist me with some info!! Two employees were formally put through an HR investigation. During the inestigation they were told that they have to write certain things on the statements when they were interviewed and were not given copies of the statements immediately. At the moment of counselling they were both brought into the same room and given their cousellings together. Statements have also been made due to their relationship status on prior occations. Is this practice allowed or have boundaries been crossed?

Overtime Termination??

Johhny — Thu, 09 Sep 2010 13:47:45 GMT

I have been working for my employer here in Texas for the last 7 years. I am salary (not paid for OT) and i have been told they expect me to start working some weekends. I told them no because my wife works weekends and i have my kids on Sat. & Sun. The weekend is my wife's 2 biggest days for her to work. I do not have anyone who can watch my kids. I tried explaining all this to my supervisor yesterday but he is a jerk and doesn't care. He still says i have to be there. However, I won't be there. What recourse, if any, do i have if they fire me?

Thanks,

Johnny

Forced to work with drunk co-worker

kisper0577 — Mon, 06 Sep 2010 17:58:51 GMT

Co-worker was obviously intoxicated--smell, inappropriate behavior with customers. I was told by my manager to "watch" the person carefully so they did not "mess up" any jobs.

Called district manager and left message. No response.

Calling HR next.

Keeping notes in case of retaliation, etc.

What else do I do?

Is there a law suit here?

how many cases company offer settlement ?

sdhrmenon — Tue, 07 Sep 2010 04:06:04 GMT

I have one more question - If an employee is terminated without proper procedures and reason, then in what % of cases company will be willing to settle out of court and what will be fair compensation amount ?

Unfair termination of employment

sdhrmenon — Tue, 07 Sep 2010 03:57:44 GMT

I work for American company in California. I resigned for job - but I was no 6 months notice period. Basically my employment was terminated during this 6 months notice period ??? My access to company systems for removed and I was asked to go away. Company just gave me reason - we are accepting your resignation. is this ok ?

HR retiliation

tpestian — Sun, 05 Sep 2010 19:56:27 GMT

Several weeks ago I took a issue to the HR dept., where I work regarding a contract that was handed by a new hire that just happen to be training and working with me in the same department.

Contracted was handed paperclipped to a envelope when handed to me. At the time not knowing this person, I quickly realized that she was the new hire that I was going to be training at the same level that I was regarding the same every work duties.

As she turned her back and walked away the contract was in front me me, in hand to read. Stating her hiring wage and benefits, perks. Come to find out this new hire was being hire in at a higher pay rate then me.

After sitting on it for a while and thinking it through, (two days later). Decided to take it to the HR dept.,

Humana Resources did not understand it the way that I explained it. Even though on many other occasions I have come acrossed other contract as such but never brought it to the for front.

This one was bad timing, and ended up in the wrong hands. (mine)

Prior to the new position that ws posted. I had asked my manager what the position consisted of and if there would be a pay raise and was told no, and that the new hire was going to be doing the exact same duties as myself, there would be no reason to apply for the position.

At that point and time I let it go. After taking the issue to the HR department, 2 weeks later, the incident has no become a bigger issue. I was asked if I was spreading the word to other co-workers that new hires were being brought in at a higher rate then the existing employees. I was told by the HR department that there were a few employees who have resigned their positions over the last couple of weeks and wasn't sure why this was happening. And just to say these people I didn't even know, neither have I worked with. However, HR department did give the names of the employees that were leaving that I was not aware of. Which I thought was wrong.

Sense then, several weeks later, come to find out other employees were leaving also in other departments but not in the one that I work in.

I have again been pulled in now by my manager, being questioning about a behavior problem. Go figure.

Totally, totally, off guard, due to this was I thought forgotten about ans I have moved forward including training the new hire who sits side by side with me daily. I have not breathed a word to any of my co-workers who I am very, very close with. I don't want them involved.

However, now my integrity is on the line and I thinkg I should protect myself up up coming issues. How do I do this?

Second Chance program forcing me to lose job!?!?!

tam2637 — Thu, 02 Sep 2010 23:37:35 GMT

Hi,

I am writing on be-half of my significant other. She is a Pharmacy Tech. and one day she had a random drug test. The drug test had come back positive for THC. She was giving an option to enroll in a second chance program with strict guidelines. One of them being she must call a 1-800 number within 24 hrs and schedule an appointment for an evaluation before returing to work. Now, she was able to do this friday right when she got done signing the aggrement with her boss. But when she called the number supplied the menu option was confusing, and seemed under maintanence and had her text "Y" for more options?!?!? Ok, now she got a new set of numbers where she could pick one of two drug evaluation centers. She did, scheduled her appointment, and should be done till then according to the strict guidelines. But no, We got a e-mail monday morning saying she never called and was non compliant even though we did get an appointment scheduled using there 1-800 number. And when we re-called that 1-800 number monday morning there automated phone system was completely different. It even said listen carefully to our NEW options and began to list several of them. That doesn't seem fair? We have had to send phone records bla bla bla to get her case re-opened. It's a totall wreck and seems like alot of harrasing for and error on there end. But she got it open. Now, they are threatning her with another drug test and saying if she fails she loses her job? I have read Marijuana takes up to a month at least to leave your body. My question is can they make her take another test knowing its under a month and that she probably will fail in turn causing her to lose her job? Or should she be entiled to a little detoxing time before the next test? She will be clean from here on out. It's her life, her furture. she realizes that. Any input would be great! We live in Washington State if that matters.

Thanks for all your time and help.

Thomas.

sick leave write up

SKMP — Sun, 05 Sep 2010 21:32:37 GMT

I just returned to work last week following a Doctor ordered leave of absense with dr order faxed to HR on the date it was ordered. (I have been being treated for low blood pressure with dizzy spells and she was concerned I would black out driving or working with patients while my medications were being adjusted). I have been out of work sick 4 other days this year during which I had a virus with fever and also submitted Dr. orders. Upon my return this week, I was written up for excessive unscheduled absenses and told this was a verbal warning. This write up included stipulations that if I were to take any additional PTO that I would have to make that time up at night and on weekends. This written statement also said that I would be "Written up" if there were additional occurances in the next 30 days.

My doctor has recieved the FMLA paperwork and is in the process of filling it out for me but it has not made it to the company yet. I am now having severe migraines as a result of the extreme duress the additional stress this write up has put on me but feel helpless to do anything but continue to go to work even though I feel it is very unsafe for me to be working with patients (I am a healthcare provider) in my current condition or even driving so I get a ride to work when I can. The director of nurses at my facility has even sent me to the emergency room once this week.

Do I have any legal options here?? Obviously, I need my job.... guess where my health care coverage comes from!!

FMLA ADA rights

aa262 — Sun, 05 Sep 2010 16:01:09 GMT

Back in 2006 I was in a major accident that resulted in chronic neck and arm pain which in

turn resulted in my taking time off The next year I ended up getting diagnosed with

essential

tremor.Management was well aware of my medical issues

This past week I ended up getting my first evaluation in 20 years which ended up making

comments on issuest hat were directly related to my medical problems First one was

my handwriting Hard to do that when your hands are shaking They commented on productiity

I am out often due to drs appts and chronic pain

I had a heated argument with management after they insisted I find a substitute when

I had to leave for an important med appt

Are individual instances supposed to be in an evaluation

They also review my work closer than others

I am on FMLA

Do I have any protectionn under FMLA or ADA

Richmond VA Employement Law do I have a case?

Chrome2279 — Thu, 02 Sep 2010 22:32:42 GMT

I was offered a Information Technology contract position (Temporary Job) from Iconma staffing firm to work at Capital One bank. They did a credit check, back ground criminal check and everything passed fine. I was given a contract to sign and a start date of September 13th. So I signed it and faxed it back and the process began to get me into the Capital One system, this is where the issue starts.

Capital One a few days later retracted the position from me stating that I had an "ineligibility" code in the system from over 13 years ago. I disputed this with Human Resources, When I asked what this was for, they claimed that I worked there before but had no paper trail, documentation, or any kind of proof, management notes of who I was with at the time or anything. They said that they did an investigation to find more details as to why this code in there pay role system was there against me.

Basically they said that when a code is put in they have to honor it even though it was manually entered and could have been made by human error. I do not recall ever being terminated from Capital One at any time in my life, in the 90's I was there for a very short time and was a part time worker at that fresh out of highs school. She then went on to say that all they have to go on is this code in the system and that they have no way of proving if this is even accurate and that it was entered 13 years ago. There is no paper trail, there is no documentation, they don't even know the department I worked for back then or manager that entered the info. Needless to say they then decided to re-tracked the position that I agreed to do for them (via contract through Iconma staffing agency) and all because of a code in a pay role system that they can not prove is even accurate.

This doesn't seem fair or ethical to me, if they are going to deny someone that is qualified to work somewhere then shouldn't they have a paper trail proving there case? In this scenario there was absolutely nothing I can do to dispute this since they have nothing to fight with. I told them how am I supposed to dispute something that I believe never happened? Also if it did happen why can't you provide me details of what took place?

Is there something wrong with this picture? Please let me know if I have a case of any kind here. I was offered a job and signed a contract that was not honored based on this. I shouldn't be denyed the ability to work based on a system code without any other proof or anything. Can someone help clear this up for me?

Employer wants 150% of the visa fees

Lutrak — Thu, 02 Sep 2010 15:25:13 GMT

I was working with a company in Mississippi and my employer filed my H1 visa. After working for 6 months in the company, I changed my job. Now my previous employer wants me to pay 150% of the H1 visa cost paid by the company. This clause was written in my employment agreement and my employer made me sign an agreement when I was resigning, saying that I owe the company $8000 for visa fees.

My existing company's HR told me that it is illegal on part of my employer to ask me for that kind of penalty. Is he right? Can I get away without paying the penalty (even though it was on my employment contract agreement). Please help me out on this.

Thanks

Qualifying for unemployment in Maryland

Hope For me — Thu, 02 Sep 2010 11:40:48 GMT

Hello to all:

I’ve been getting different answers from people and wanted to get a more educated view of this. Maryland Unemployment states that they can not suggest or advise me of anything before I apply.

I live and work in Maryland. I’ve had the same job for 4 1/2ys as a full time 40hrs per week employee. Advanced some over the years, added work no raise in 2yrs due to companies finances etc..

Just recently I was told due to the company’s finance situation (company is in the process of being bought out, not meeting cash requirements etc..) my hours were reduced to part time and loss of all benefits but my job responsibilities remain the same.

In May our CEO told us the once this buy out takes place no one in Admin (includes me) will have a job. That it could happen in 6wks or 6 months.

I have briefly consulted with an employment lawyer about this situation and he said I would qualify for unemployment but I am on here because now that I’d like to retain him he is no where to be found and hasn’t returned any of my calls in a month.

His reasons I’d qualify were because I can prove that I can not afford to work part time (single mother of two) and unemployment benefits were approx the same as I would be getting working part time. Quitting would allow me more time to look for a job, go to interviews quicker then staying part time. There was the fact too that my job will no longer exist soon and I will be laid off as a part time employee. Also, I’ve been doing this job for 4 1/2yrs full time. To decide now to reduce my hours but not my responsibilities is more evidence that this is all because of fading out my job.

I’ve offered to work full time until the buy out takes place and they said no.

Ok.

But when I told them that I can not afford to work part time they posted my job to replace me. So I am now working day by day, week to week. I’ve missed interviews and lost day care for my 21 month old and have to rely or friends and family to watch her.

I’ve been told that though my job is posted they still don’t know if they will replace me once I leave either. That through someone who knows more than me that doing this was so they didn’t have to say they were laying me off, they just want to do without my position and distribute my work.

Would I be eligible for unemployment? I can’t find another job working like this and nor can I continue to be part time. I need to be able to find a full time job soon or I’ll lose my home and more. I know a lot of people are in the same financial crisis but I want to make the right choice.

Stay and hope that something lands in my lap or quit and get unemployment to allow me more opportunities for job searching and interviews?

All opinions, suggestions and advice will be appreciated.

Thank you.

Confidentiality in the workplace

mikearm72 — Tue, 31 Aug 2010 13:04:19 GMT

Hello all,

I have worked with the city and county of Denver for 12 years in information technology as a desk top technician. As for the last two years i have been moved to the help desk where i answer phones and troubleshoot from there. A year ago a lead of mine wanted me to lie about another co worker to get him fired i refused diplomatically, from that point on she has been some what cold to me but i continued to work.

Two months ago i noticed that my former lead now supervisor has created a clique that involves her and five others this group comprise of more than half of the members of the help desk. At various times i have heard her clique bad mouth me creating what i per-sieve as a hostile work environment. hence, i stayed to myself unless approached by co-workers that needed help ( i happen to be a senior technician). As time grew closer to the present i heard one of her friends (a co-worker) telling another from a different group (server operations) that i was going to be demoted and and that i had a bad attitude. (NOTE: anytime i heard anything derogatory about myself i would write myself an email stating what was said.) i should be getting my evaluation in the next few days and i know the manager and supervisor are very good friends. My assumption is: If what was said comes to fruition that would mean that the co-worker got this information from the supervisor and or manager and was speaking about this to other co-workers. If this rumor comes true has my rights been violated.

Thank you,

Mike

Spousal FMLA

paperworkisworsethensurgery — Tue, 31 Aug 2010 10:00:48 GMT

As evidenced from typing this at 5am I have finally crossed into stressed enough that not only is my searching/self research starting to blur but am actually regretting even having the surgery that started this whole adventure.

May 21st I fell at work. I was transported to er and released with follow up. That aspect went as smooth as workmens comp cases can go and isnt the stress point.

I had my surgery for a torn rotator cuff tear July19th. My ortho dr secretary informed us that they wouldnt fill out fmla papers until the 1 week followup. My husband informed his employer and was told he couldnt have off for surgery and after care without paper done. Returned to dr office, talked to a different secretary that was willing to take the paperwork and 10$ paperwork fee. This was around july13th.

Surgery day arrives with no paperwork. Husbands hr person called my ortho dr to verify that they still had papers and was willing to allow him to take 2 weeks off with understanding that the paperwork would be delivered as soon as it was completed. HR vehmently thanked by us.

When the paperwork is completed it was faxed directly to HR person instead of us having to go get it and deliver it. All is fine. Towards the end of the 2 weeks husband speaks with his hr again planning to return and will just need days off to help with transport/etc since I am not cleared to drive. we had set enough money back to cover the 2 weeks that were originally agreed upon. While talking to hr husband is told dr only wrote him off for 10 days. Phone calls back and forth clear up difference between 10 days = 2 work weeks.

Husband returns to work and finds out that they are getting summer bonus. talks to HR to find out about extending FMLA leave since bonus provides finances to do so. HR says that FMLA packet does not need re-filled out just need form/letter saying i am still off of work.We provide same letter that I am supplying to my employer writing me off till aug 31st. When this letter was given to HR they asked if he wanted the full time til 31st off. he said no that he would just use it when I was having a bad day or had appts and needed help or transport.

Even with bonus husband has been working but sometime either shortened hours or not full 5 day weeks. On one of the days he had taken off HR calls to inform him that he is not going to be allowed any more absences past the 31st without FMLA forms filled out again. i have an appt on the 31st so they agree to get papers filled out then.

Tonight (aug 30th) He was informed and given a verbal remand for absenteeism. It has been decided that no absences from the orginal 10 expiration date to now are covered and the days were counted against his sick/personal(SPA) time of which he did not have as many as what he had been absent thus earning the verbal reprimand.

He honestly (mistakenly?) had informed them that some of the days he had taken off were from being to tired to go in which I know tired isnt covered BUT the issue is he works 3rd shift. So during the day while I have appointments (Therapy 3 times a week plus followups) and caring for our 9year old he is up while he should be sleeping. He would try to nap around but an hour here and there is not the same as a 8 hour block. Had he been on days he would have been allowed to take this time off to transport me and perform duties of household I am unable to do. HR says because the appointments are at times he isnt scheduled to work it isnt covered. He is currently mandatoried 3 days per week for 12 hr shifts and then 2 shifts of 8 hours. Last week they also mandatoried 3rd shift in for saturday inventory for 8 hours. they have been informed as well that they have labor day off but are working both saturday and sunday of the following weekend. He was there for all of that. Example of today: he got off work at 6am Monday morning. I had therapy at 10:30 which lasted till about noon. We came home He cooked lunch and went to bed. Slept till around 6 to get up showered, help me shower, make dinner, and attend to household chores. He then will work from 10pm to 10am. I have an appt again 3pm (we are obviously at the whim of therapy/dr scheduling) so he will nap till 1 when we need to get around and ready to go to drs. he is then expected at work from 10 to 10 again tomorrow.

Holy wall of text I know

questions:

can FMLA differ from shift to shift in how its applied?

Can a company decide after allowing and even offering complete weeks off that in hindsight it isnt FMLA and go ahead and count it against SPA time and punish if it now exceeds what the employee had available? Had they not offered the 2 additional weeks or refused after the first time he took a leave early even wih the bonus he would have gone back to work obviously. We merely considered the timing of the bonus and dr note writing me off for longer a blessed coincidnce so that i could continue to take it as easy as my dr ordered.

Now we have the appointment tomorrow(today i guess really yikes 6am!) And are planning to ask the dr to fill out another form fully (and pay for it again) But since the Dr has already wrote the original off for 10 day then the further "can not return to work form" I am expecting hesitance on that end since they have already filled out the forms once and no law requires them to fill it out once much less multiple times.

Everything I have read on FMLA says that a qualifing medical event for spousal says an event that prohibits me from attending school, work, or normal daily functions for 3 days in a row with at least 2 follow up care, therapy included. i have been off since may 21st and have 3 therapy appointments a week. I am still in a sling and under Dr instructions taking a large dose of pain meds prior to therapy and not released to drive.

This seems to be a fullfillment of the terms. My husband also meets all length of employment requirments and has used (counting the in question weeks) 1 week at my initail injury, 2 weeks post surgery, and 2 weeks in intermitent time totaling far below the 12 weeks the law grants.

Looking for any links to "offical" sites that clarifies the leave must be taken only if appt/transport fall during the employees shift and also that employers can rescind fmla approval retroactivly and count it against other allowable absent time and can then implement reprimands if time is now exceeded to reassure me that we are mistaken and this has been a "wonderful" learning process of failed hoop jumping.

I cant imagine what other info i should have included but if more is needed please just ask and thanks for any and all help or points in the right direction.

paperworkisworsethensurgery in michigan

Possible Discrimination Case??

JustJess — Mon, 30 Aug 2010 22:54:02 GMT

I was offered a job as an assistant manager. During the final steps, while I was filling out the paper work, my new boss "outed me" to the hiring manager by asking how my wife was doing. A few days later, I received a phone call saying that they didn't want any drama about me being a lesbian and told me that the hiring manager didn't feel comfortable with me being gay. The manager beat around the bush about not wanting me to work there and ended the call by saying "Good luck in the future" which was her way of telling me that I didn't have a job. I live in SC which is an at-will state and also does not offer protection against discrimination for Gays and Lesbians. Is there anything I can do??

How hard is it to prove hostile work environment?

Olly55 — Sun, 29 Aug 2010 23:37:10 GMT

How hard is it to prove hostile work environment?

resindering a position

LittleJoe2010 — Tue, 20 Jul 2010 23:25:51 GMT

I applied for a position with a company and was offered the position by the sr human resoursces manager, the regional manager,and the director of human ressources. The only thing left for me to do was start work . I get a phone call from the director of hr, 5 days later, stating that they are resinding the offer ,because the position I interviewed and got hired for was the wrong position. The person that interviewed me had no authority to make a decision on me being hired.( this is what I was told and he was the supervisor in charge of the position I was to fill).

When I asked who misrepresented the position on the company website ,I got no answer. I have all the job offer documents and the title of the position in writing and signed by the regional human resource manager and the senior hr for the position I applied for and the position that was open on the website . The company is based out of Arkansas,the position is in NJ and I reside in NY. Is this something I should look more into ?

Thank you

Termination

Dsue — Sat, 28 Aug 2010 16:02:56 GMT

I have been employed with the same company for over 25 years as a construction superintendent and paid as a salaried worker A few weeks ago I was called into the office and told my new position would be foreman and my pay would be cut $10 per hour and company vehicle, etc was to be turned in Also said either take this or be terminated The new "manager" said the company was restructing and this was part of the plan Of course I stayed since there really was no other option Then this week I was called in and told I was being dismissed Since their handbook states "at will" employee - they can do this without reason As the converstaion progressed I was told that someone had "said" that I was spreading a rumor I had been demoted and was just going to sit back and not do my job I did ask how telling someone that I was demoted was a rumor as this was true and I did say that - but only when ask by another employee As far as doing my job I have been one of the most productive workers there - never out for any reason and have many subcontractors ask for me by name

Apparently this was not due to job performance as I was given my evaluation earler this year and received a raise I have never been repremanded for any reason in 25 years

I am over 45 years old and have a disability with my hand The company is/was aware of this and it occured while employed by them on my personal time It was never an issue or problem Now at my age and with the hand issue I am at a great disadvantage

Do I have any recourse ?

Unemployment law

dixiesparkles1 — Sat, 28 Aug 2010 13:09:17 GMT

Can someone give me a brief explanation for NC Statute 96-18 concerning making known false statements to the ESC that prevents an employee from getting their benefits that they are entitled to.

It appears that an employer could be charged with a separate count class 1 misdemeaner per day.

So if an employer knowingly submitted a false statement and failed to submit truthful representaion for over 6 months and is now willing to recant the statement, what would that mean? They have made a monetary offer (not much) but enough to cover what unemployment I would have drawn. They are also suggesting I that I mgiht be able to draw the back pay from unemployment security. Wouldn't that be illegal for me to file claims for weeks that they are backpaying me for?

What sort of penalties would be imposed upon an employer for doing this and how and what court would you get it into? (Employer is a state agency)

My employer is talking settlement, but for all of the violations they committed against me, I don't want to underestimate my settlement. I don't want to be greedy either. Could someone help me to understand what my case would be worth if the employer is guilty of gender discrimination, sexual harassment, defamation and retalitaiton and submitted a false statement about me to two federal agencies. I have rock hard evidence of retaliation and defamation and very good documentation on sex harrassment and discrimination.

Thanks for any suggestions.

Do I have a case?

Ladyleo — Sat, 28 Aug 2010 03:16:33 GMT

I've worked for my employeer for almost 5 years and last year 2009 I didn't receive a Merit Raise because of job proformance...my supervisor had printed out emails stating each time she had to talk to me about my job proformance throughout the year of 2009...I kept copies...Now this year 2010 I was told that I'm not getting a Merit Raise because of job proformance again...and the very same reasons printouts that were used to determin why I didn't get one last year were used again this year...Can they do that????

employee Vs independent contractor rights

fez — Sat, 28 Aug 2010 00:39:00 GMT

I have been working as a driver for a courier company as a independent contractor.
Been with the same company for 9 years. they imposed on all drivers to wear
their shirts and use their nextel radios at the absorbent rate of 19
dollars a week. Which cost them only six dollars a month. with 70 to 80 drivers you do the math. The shirts, you were forced to buy from them which
had their logo. There was a flyer taped up in the driver lounge that
stated if you didn't wear their shirts that you would be refused to pick
up or deliver any packages for the company and the same rule applied
with the radios. This rule has been in effect for probably over a year and it was imposed out of the blue. I told them that this was against the irs employee vs
I. C. code and infringed on the right of the Independent contractor. They answered this is our policy and that's the way it is.
I was fired on 08-15-10 for refusing to wear there shirts. In my I. C. contract with this company it does not state that I must wear
their shirts or use their radios. After reading extensively on the irs website and among others this definitely comes under a condition of the control issue which would make me an employee. Irs web site under section 15a also states that you cannot fire a I.C. if he or she is not occurring liability to the results of the service or work from his contract. Do I have any legal rights? please

Is there protection for parents of disabled children

shirla — Wed, 25 Aug 2010 23:03:50 GMT

I was wondering if there are any employment laws regarding parents of children with disablities?

Here is the situation. I am a single parent of three children one of which has numerous medical conditions and is also has autism. I am a nurse and work 12 hr shifts but since the facility I work at is having finanical troubles and shortage of staff they are trying to make me do jobs that i ahve not agreed to but are in my scope of practice they tell me that if i don't they will cut my hours and i could lose my insurance. they also want to make me work more than my regularly scheduled shifts due shortage of staff . I have explained to them that due to my children and the fact that I must rely on my 65 year old mom to babysit (I don't feel safe leaving my autisic son with many people due to his behaviors at times) that is not possible. can they fire me for thse things.

Terminated - Not given a reason

ToddD6 — Thu, 26 Aug 2010 13:54:17 GMT

I was terminated from my job last week - I live in the State of Connecticut - an 'at will' state. My performance had been nothing but stellar - improving productivity levels, bringing in top line revenue from new sources etc. I received many public praises from my bosses and executives.

I was called by my boss who said that I was being let go. I pressed him for the reason why and after continued pushing he told me it was due to me not building strong relations with two peer directors - this is not stated in my job description. This came as a total shock as my boss had never spoken to me about such a concern. If he had I would have worked on building those specific relations.

When going to HR I was asked what I was told by my boss, I told them I was told to come see them. When i asked why i was being let go, I was not given a reason. They said " they didn't know"

In reviewing my paperwork, the Unemployment Notice gives a reason of Other. Under that line it states: Not Meeting Company Expectations

No one ever told me I was being let go for this reason, nor did I ever have a discussion to that effect. I never had a formal review and NEVER received any type of written warnings etc

A day after I was let go, a new person assumed my role. Same title, responsibility etc.

Do I have any type of legal recourse against this company

I have not signed anything yet - I have about another 10 days to get back my signed severance agreement which was comprised of 1 months pay

Employer disputes UI claim: "willful misconduct"

AnneandGeorge2008 — Mon, 16 Feb 2009 01:03:45 GMT

Hello:
I was fired from a job 1-month ago.

Employer verbally did not give me a reason.

Throughout the time I was employed (less than one year), there was a personality clash with my boss.

I performed the duties of my work as assigned, was never late, nor did I have an attendance issue.

Boss just did not like me and that is not illegal.

I understand at-will employment "let go at any time for any reason."

Boss wrote me up on personality issues that he tried to identify as work related. But there was nothing to prove "willful misconduct."

It's a "he said/she said issue."

Of course as a former employee I'd like to think I wasn't at fault. The mistake I made was taking the job in the first place. I was overqualified for the entry-level job. I'm 42 with some formal education. But I did not do anything that would cause any problems in my work.

I even received emails from my boss and clients that praised my work.

As time went on, boss just did not like me and chose to do what he did so that I would not remain with the Co.

I kept emails and sent emails to my boss asking for feedback in writing, and boss always refused. Boss would verbalize I'm doing fine, but then chose to put me on a Performance Plan.

I have no proof of my truth other than what I'm writing here and the emails from the boss indicating in a short sentance, "good job."

I've been collecting unemployment out of state since I recently moved down here for the job and didn't earn enough in this state to collect, so I filed in my former state where my income was substantial and that is where the UI is coming from.

And for some reason, 4-weeks later, I get a letter in the mail indicating my present employer is claiming "willful misconduct."

The UI claims office out of state is 3000 miles away. So, it's all I have is a letter and I have to respond with my explanation as to why I was fired. I will say, I wasn't given a reason which is the truth.

How can I defend myself against an employer that claims "willful misconduct" when in truth I didn't do anything to deliberately cause myself to get fired. I did outstanding in my training with the Co., and subsequently received a "good job" email from the boss and one client.

That's all I have for the record. Plus I have the Performance Plan which lists false statements about my work and interactions with the boss.

I am unable to find an attorney who will represent me since there is no real discrimination issue. And I'm sure many are booked up with costly class actions and other files that wouldn't put me in a high priority list.

But if my unemployment stops then I'd have to pay back whatever I received plus lose my home and be at rock bottom.

Fact: I didn't do anything to cause myself to get fired.

Fact: It's not illegal for a boss to dislike an employee and write what ever they decide on a Performance Plan.

Fact: at-will employment 'anytime for any reason'

Question: Does at-will in and of itself support the denial of my unemployment claim that falsely accuses me of "willful misconduct?"

It wasn't willful, so what can I do?