Trial, Hearings

Questions and Answers (70)

Can you be fired without a trial?
My husband was accused of sexual harassment and fired with no trial and without being questioned. The policy requires an investigation but nothing like that happened applies to Georgia · 0 answers

arbitirations
the arbitiration agreement my employer wants me to sign says i waive my right to a jury trial and that i cant sue for punitative damages. Are they allowed to ask me to sign a agreement that makes me g... applies to Ohio · 1 answer

Can I sue former employer
My former employer accused me of theft. I was arrested and charged with grand larceny. Former employer told me that I was seen on CCTV cameras stealing, that's the reason I was terminated. During tria... applies to New York · 2 answers

I voluntarily quit a job adter19 months because employer involved in fraudulent billing and HIPAA violations. Have been denied benefits but am still pursuing that with UIA hearings. Now after 4 mo. My former employer says he was going to fire me anyway fo
I also received a letter that former employer wrote to judge stating that he was "shocked" by my resignation. Now accusation of embezzlement!!! I'm so confused applies to Michigan · 0 answers

My employer did not attend my unemployment trial how does this affect the out come?
My employer did not attend the unemployment trial. How does this affect the out come? applies to Nebraska · 0 answers

Do I have to disclose a dimissed charge of battery to a CA governing licensure board?
I was charged with battery. The result of my case was a plea in which I received pretrial diversion. I have completed my pretrial diversion and my case has been dismissed. However, due to the nature o... applies to California · 1 answer

I have been employed by a company for three years and have just now been asked to sign a non compete agreement with a 5 year post severance of employment and 250 mile radius restriction. I work in WV and the contract states that litigation shall be in WV.
Non-compete agreement in WV, 250 mile radius, for 5 years. Does remote work, assuming the new company is farther away than the mile limitation, break the non-compete agreement? I live in a neighboring... applies to West Virginia · 0 answers

After the fact union charges
Hello, I recently was fired from my job at AT&T, on 12/14/2012, during my employment there was a 2-day strike by the CWA union, I exercised my NLRA right and chose not to participate in the strike, I ... applies to California · 0 answers

Can I sue my former employer of 42 years for "involuntary" retirement?
Needed to be on short term disability for medical treatments while wk comp claim was pending. HR said I had to chose wk comp or disability. I chose to retire and pursue medical treatments. All WC hear... applies to Ohio · 0 answers

I’m already in the trial period for the $5 paid for my questions
Is there a time frame for the consultation with a lawyer in hopes for that too will be able to go further with the loss of your job? Like a statue of limitations persay? When the been done wrong and w... applies to South Carolina · 0 answers

denial of long term disability benefits because fired
I have an accepted worker's comp claim. My physician took me off work. I was paid total temporary disability payments through comp. The company has a benefits program that pays 100% of salary for 8 we... applies to California · 1 answer

Unpaid wages from temp agency
This is a tricky one. I have gone to mediation and the small claim is going to trial. I worked for a temp agency that placed me at a trash company from 12/06-7/08. I was requested to keep my own times... applies to Ohio · 1 answer

Is an ex-employee about to file for retaliation?
When I resigned from my old company I turned in a letter to corporate HR stating that it was a hostile environment. Two years later I get invited to consent to a clinical trial. When I show up to cons... applies to Virginia · 0 answers

My employer (GYN Stuart, FL) was caught by FBI for fraudulent Medicare billing,etc. her office was being shut down, I feel I was let go for a ridiculous incident as an excuse to let me go. Is there a provision for my losing a job after 9 years (never call
I personally feel the GYN Dr I worked for for 9 years used an opportunity to let me go, knowing her office was about to close due to her being caught by FBI for Medicare fraudulent billing, among othe... applies to Florida · 0 answers

My former employer contacted my current employer to set up a meeting, the two employers discussed my employment, stated that I was overall a good employee, but are concerned about confidentiality. The conversation was not during a reference call, but in a
I was terminated, in an at - will state (kansas). I was only marked as exemplary and outstanding on all of my evaluations, I implemented a policy to cover confidentiality, which they did not want to a... applies to Kansas · 0 answers

I am aware it is passed the deadline to file a tort claim, but can I sue an individual.
I worked for a state agency as a traffic officer. in 2013 I was terminated for dishonesty after finding drug paraphernalia in my vehicle on my way to work. I, instead of turning it over kept it and wa... applies to California · 0 answers

Can employer require notification for you to apply at another company?
My employer has new employment agreements they want signed. Before you apply for employment with any other person or entity, you will provide them the non-compete AND deliver a copy of the notice to C... applies to Florida · 1 answer

worker's comp and severance pay
I have a current worker's comp claim. I went back to work on a trial basis but have found I cannot continue and my Dr. is taking me back out of work. My office has offered me one week of severance pay... applies to California · 1 answer

is it unlawful for plaintiffs atty. to notify defendants atty. that plaintiff is prepared to notify
Is it unlawful for plaintiffs atty. to notify defendants atty. that plaintiff is prepared to notify the media if a case is not settled and continues on to trial? Is this unlawful or unethical? I perso... applies to Ohio · 1 answer

Does an employee have a case of tortious interference, defamation or slander?
In this situation, an employer had a layoff of union and non-union employees. A company officer stated that one of the non-union, at-will employees he laid off "would never work at the company again."... applies to Ohio · 2 answers

Does an employer have to give everyone a drug test if only one person was showing concerns for one?
I have been running a small business for the owner whom wanted to sell it so I did a trial period of completely running it alone along with his other employee, the other employee was causing some alar... applies to Washington · 0 answers

Non-Compete: Breach of Contract
Hello, I used to work for a software consulting company 'X', and consulting for a client 'Y' through another consulting company 'Z'. Now I joined the 'Y' as a full time employee, but my non-compete cl... applies to Kentucky · 0 answers

Non-compete still valid after all these factors?
I am being actively pursued for an outside sales position by a direct competitor of the company I now work for. I am currently an Inside Sales/Customer Service person and would be calling on many of t... applies to Michigan · 0 answers

Should I sue my coworkers for Defamation of Character and Slander?
As soon as my 90 day probation period ended at my new job and I was allowed to start using the personal, vacation and sick time that I accumulated. I spoke with my superior and asked if on slow days i... applies to New Jersey · 0 answers

I was terminated with an employment contract, no reprimands in file, possible in an at will state?
If I have a signed employment contract with office can they still just fire you willy nilly? I worked for a dental office for 11 months and was terminated yesterday for, as the Dr. put it "not being a... applies to Arizona · 1 answer

A Pickle
I am a systems engineer with my firm. My company recently tested their employees product knowledge with a series of exams. The first exam was for systems engineers, about 40 people. During this exam o... applies to Texas · 1 answer

arbitration agreements
Hi I am Employed at a major Electronics company. I have been working here for about a 1 1/2 years and on Thursday June 20th 2002 at 11:56am I was called into my managers office at the City of Industry... applies to California · 1 answer

Is there an estimated $ amount that i can win through court working with kansas human rights commission(KHRC) for disability discrimination, workplace retaliation at least 5-6 scenarios of it,workplace discrimination, hostile work enviroment, employer is
for disability discrimination, workplace retaliation,- at least 5-6 scenarios, workplace discrimination, hostile work enviroment, employer is neglient of maintaining a safe work enviroment. The cowork... applies to Kansas · 0 answers

Do I have a valid case with or without the Right to Sue Notice
Hello. My name is Paul Hollins. I recently received a 90-day Right-To-Sue Notice from the EEOC Commission. I am trying to obtain an attorney who will accept my case on a contingency basis. I am willin... applies to California · 1 answer

The Grass Isn't Always Greener
Three years ago I was hired by the L.A. County Office of Education as a secretary. After receiving FBI and DOJ clearance I went to work for a supervisor who was also new. She is very motivated and set... applies to California · 1 answer

If I refuse to sign a "separation agreement and release" does this disqualify me from receiving UI?
On Jan 2, 2012 I was terminated but given a "Separation Agreement and Release" document that gave me the choice to work through Jan 31 to help them through this transition. If I chose to work through ... applies to North Carolina · 1 answer

Injunction threat
My former employer says he will enforce non compete and initiate an injunction. All this by email. How do i fight an injunction ? what are the due process stages before an injunction can be filed ? applies to Pennsylvania · 1 answer

Wrongfull termination
I believe I was recently wrongfully terminated. I was an assistant store manager for a corp. I made the decision to give 2 of my employees and myself gratis (free items that vendors provide the compan... applies to Arizona · 2 answers

after final order can exemployer stop the collection by suing and filing a injuction?
husband filed for unpaid wages won judgement won all appeals, all time has passed. now that payment has been requested employer filed law suit and i think he plans on filing a injuntion saying that he... applies to Texas · 1 answer

I was called I only the h office and was accused of talking to a staff member about another staff member who interviewed to work I. Our department do I legally have the right to know who accused me. If I ask Hr to let me know who accused me do they have t
I was called into the Hr office and they informed me that I had discussed private information about a staff member to another staff member. Do I legally have the write to no who accused me. And does H... applies to New York · 1 answer

Does Judge order reinstatement if a former city employee prevails in a lawsuit?
I decided not to appeal for administrative hearing with civil service Board of Commissioners (Board) my unlawful termination from the City of Los Angeles. I was told by the clerk of the Board that I n... applies to California · 1 answer

Discrimination Settlement
My friend recently settled on a discrimination/retailiation lawsuite. But she felt she was forced to settle by her attorney. She wasn't completely satisfied with the amount but was under so much stree... applies to Texas · 2 answers

Contract for 1099?
I am working as an independant contractor. Do I need to have a contract in order to file self-employment taxes? applies to North Carolina · 1 answer

Is this non-compete enforceable?
I signed a non-compete that seems to state I would be compensated an extra $100 beyond my future compensation for signing but I was never paid such money. Could this nullify the contact? Could I be pa... applies to Illinois · 2 answers

Procedure or Precedence for Re-opening a Dismissed Case?
I filed a Cause of Action in the U.S. District Court, Northern District of Texas , Pro Se, against my former employer, NASD, in 2006, based on Discrimination, Hostile Work Environment, and Retaliation... applies to Texas · 1 answer

Wrongfully discharged?
I have been in Sales and Sales Management my entire career and have recently found myself unemployed from what I believe to be unfair practices. I was working in the Cleveland area and had been recrui... applies to Ohio · 2 answers

Discrimination for those who know
I am disappointed in the response that you gave. I said I worked two jobs but my boss never knew. I NEVER came to work tired. One of my co-workers missed over 100 days of work in a 5 month time period... applies to Arizona · 1 answer

I was fired for checking time on my phone.
I work const. and we were told we could check time w/ phone but no communications. I was checking time when site superintendant walked up to me and asked how I was doing. I responded good, how are you... applies to Illinois · 1 answer

Estimate legal fees for fighting non compete agreement
I am an executive recruiter. I have a client in Boston and a candidate in Boston. The candidate has a non compete agreement that prevents her from working for a competitor for 18 months after she left... applies to Illinois · 1 answer

Can I be terminated for filling out a company requested medical form?
I am facing a termination. I am a cba protected worker. I was recently (last one year) injured on the job. While I was out under medical care I was to periodically report to my company physician to do... applies to New York · 1 answer

on the job auto accident
Involved in a roll-over on the job do to a blow out, CHP, sites a faulty right rear tire on my work truck as the cause of the accident. I just wanted to know my rights & what type of lawyer do I conta... applies to California · 2 answers

Does a non-compete encompass the entire business entity or just the specific position when signed?
Ex-employer "A" had me sign a non-compete. I was working in the health care field in a corporate office for a nurse registry. "A" fired me two weeks ago, and I secured a position with "B" within a few... applies to Florida · 1 answer

should i reply to a cease and desist letter
I was laid off and received a severance package. the package did not contain a non compete requirement. I recently received a letter from my former employer warning me that they feel i may have breech... applies to Texas · 2 answers

Non-compete as part of termination/severance agreement
I was a Vice President at a small company and was recently terminated from my position (not for cause...part of a business restructuring). The company is paying me severance, but in order to receive t... applies to Texas · 2 answers

What can I expect from my ex-employer's unemployment appeal?
I was fired from my job on January 26th of this year. It was during an audit that my district manager fired me because as a cashier my drawer was turning up short quite a bit that month but I know for... applies to Florida · 1 answer

can we sue for defamation? we may have proof
My wife recently discovered that her former employer (the business manager) provided negative references about her to prospective employers which may have damaged her reputation and prevented her from... applies to New York · 1 answer

Skelly
I have been given a "notice of proposed termination" from the department head. The skelly hearing would be with the same department head (seems unfair) The only option I have been giving by my hr offi... applies to California · 2 answers

Will discrimination attorneys work on a contingency?
Age discrimination was the motivatig factor in my recent termination (age 66), Are there emloyment lawyers in the Chicago area who will work on a contingency fee basis? Thanks. applies to Illinois · 1 answer

Is it legal to demote employee without notice when FMLA has expired?
I was in an auto accident and was put on leave by my doctor because I could not perform my regular duties. As FMLA came close to expiring I was not informed at all, but received a letter from HR three... applies to California · 1 answer

Back pay/no pay
I was working for a start up company for over 3 years. Money was always tight and we rarley got paid on time. During the end of my employment I went over 2 months without pay, before I left for anothe... applies to Ohio · 1 answer

reclaim Unemployment benefits
I was fired from my job for missing work because I was arrested and was in jail for 14 days before I could post bond to get out since then my charges against me have been dismiss for a crime someone e... applies to Ohio · 1 answer

Can this be justified as a reason to be written up?
applies to Florida · 2 answers

HELP
What is the procedures for settling a race discrimination/retailiatin lawsuit? If the attorney tells you the amount of the settlement, shouldn't he also provide copies of ALL documentation pretaining ... applies to Texas · 1 answer

Is this wrongful discharge or retaliation?
Two days ago my shift began like this- I was finishing a conversation with my wife on the phone in the parking lot when my regional manager whistled loudly at me in a demeaning manner in front of othe... applies to Arizona · 1 answer

Do I have legal rights against a verbally and psychologically abusive boss?
I've been working for an internet-based home office company since January of this year. Over the past 4 months, my boss has become both verbally and psychologically abusive to me. He had always had em... applies to Arizona · 1 answer

Employer is appealing the initial determination that I was discharged without just cause, What now?
I was laid off from a job that I had worked 8+ years on 2/28. Since I had been warned of the layoff I was able to secure a new job that began in March. The description I was given of the job duties ch... applies to Ohio · 1 answer

I am a non-union civil service employee of a BOCES in NY State. In my recent performance evaluation my manager wrote that I was seen on a certain date and time someplace other than my work place. I was working in a school district and my boss claimed some
I am a non-union civil service employee of a BOCES in NY State. In my recent performance evaluation my manager wrote that I was seen on a certain date and time someplace other than my work place. I wa... applies to New York · 1 answer

contract / defamation of character
first i was hired as an Adm.Asst. 3 months into the job I was in a meeting w/the pres, dir, and accountant. The pres, and the accountant both said if I was given the proper the training and help I wou... applies to New York · 1 answer

Retaliation and pregnancy discrimination, all-in-one!
I recently called HR's attention to the poor behavior of my supervisor, regarding comments she had made about pregnancy and family leave. As this would soon affect me, it was urgent to get it out ther... applies to New York · 1 answer

Can a person still be eligible for UI in CA after terminated b/c random drug screen misunderstanding
If an an employer does a random drug screening and the employee was asked to give another sample at the clinic due to temperature issues, and the employee quickly went to the car to get cell phone and... applies to California · 1 answer

Can a temp agency tell me work slowed down, but tell the unemployment office that I was terminated?
I was working for a temp agency I worked at a place for 7 months for them. the recruiter called me to tell me work had slowed down and to not report to work where I was tempting. I filed for unemploym... applies to California · 1 answer

false sexual harrassment charges
I have a question about sexual harrassment. If one is accused of sexually harrassing someone in the workplace, is the supervisor that fielded the complaint legally obligated to confront the accused an... applies to New York · 1 answer

Clarify separation agreement with confidentiality clause in terms of unemployment interview.
If I signed a separation agreement as part of a severance package that includes a confidentiality clause can I answer questions in my unemployment interview without violating the agreement and losing ... applies to California · 1 answer

my last emplyer of 45 days reduses to pay me my last weeks salary bc I left
I worked for approx 45-60 days and found a better paying w/benefits job. so I gave an approx weeks notice. but it was very uncomforatble so it ended up being 3 1/2 days. they were mad so they are refu... applies to Florida · 1 answer

Employment Law Topics

Employment Law FAQs

Trial, Hearings