Answers Posted By Neil Rubin
I agree with Bruce that the resignation will stand and you will not get your job back. When you are at-will they do not need to keep you on for any reason (with a few exceptions).
But what is your question really asking? Is it that you want to get unemployment and it is now at risk because you "resigned"? If that is the case you should contact an employment lawyer as soon as possible to advocate for you from the very beginning of the unemployment application process. Otherwise, I see a denial coming. Good luck.
answer to My boss bullied me into resigning. Is this constructive discharge or wrongful termination? posted Sep 2, 2010 3:07 PM [EST]
But what is your question really asking? Is it that you want to get unemployment and it is now at risk because you "resigned"? If that is the case you should contact an employment lawyer as soon as possible to advocate for you from the very beginning of the unemployment application process. Otherwise, I see a denial coming. Good luck.
answer to My boss bullied me into resigning. Is this constructive discharge or wrongful termination? posted Sep 2, 2010 3:07 PM [EST]
Unless you belong to a union which allows for it in a collective bargaining agreement, there is no law which compels your employer to pay you for unused vacation. This is especially true when they are following their policy in a non-discriminatory fashion. The fact that they do not specify between active, retirement or terminated employees has no bearing because they have stated that no one will be compensated. I am sorry that I could not be more encouraging.
answer to am I entitled to unused vacation pay? posted Sep 2, 2010 3:02 PM [EST]
answer to am I entitled to unused vacation pay? posted Sep 2, 2010 3:02 PM [EST]
If you are at-will employee (as the vast majority in Ohio are) the employer need not give you ANY reason for discharge. You, on the other hand, are free to leave and get a new job whenever you want (I know, easier said then done). It does not matter if they were mistaken about the dent. Even if you could prove that you did not do it, they are not compelled by law to hire you back.
There are, however, some major exceptions to the general rule. If they terminated you BECAUSE you are a minority, a woman, pregnant, a minority religion, from a different country, disabled or at least 40 years of age, then there could be a case of discrimination.
The only way for you to know is to consult with an employment lawyer.
answer to I was discharged from a temporary position for being wrongfuly accused of damaging property. posted Aug 23, 2010 8:48 PM [EST]
There are, however, some major exceptions to the general rule. If they terminated you BECAUSE you are a minority, a woman, pregnant, a minority religion, from a different country, disabled or at least 40 years of age, then there could be a case of discrimination.
The only way for you to know is to consult with an employment lawyer.
answer to I was discharged from a temporary position for being wrongfuly accused of damaging property. posted Aug 23, 2010 8:48 PM [EST]
Changing from temporary to permanent and being terminated, in and of itself, does not render the non-compete invalid. If the non-compete has been drafted correctly it is enforceable. Employers have been nasty about these things lately. Therefore, I recommend engaging an employment attorney to look at the agreement and give you an opinion as to whether this is something to consider when looking for a new job.
answer to I signed a non compete posted Aug 23, 2010 8:39 PM [EST]
answer to I signed a non compete posted Aug 23, 2010 8:39 PM [EST]
There is nothing inherently illegal about this notification. Practically speaking, the accused should be able to know why there is an investigation and who is accusing them of discrimination.
However, your complaint is protected activity. Therefore, if the accused, or anyone else in the workplace harasses you because of the complaint, you will have cause to file a complaint for retaliation.
answer to can my boss tell a fellow employee that i put there name in a sex discrimmination charge posted Aug 7, 2010 12:12 PM [EST]
However, your complaint is protected activity. Therefore, if the accused, or anyone else in the workplace harasses you because of the complaint, you will have cause to file a complaint for retaliation.
answer to can my boss tell a fellow employee that i put there name in a sex discrimmination charge posted Aug 7, 2010 12:12 PM [EST]
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
Your description of the circumstances has all the elements of defamation:
1) statement published (spoken or written) to non-privileged third-party;
2) statement is false;
3) publisher knew (or should have known) that the statement was false;and
4) false statement caused damages to reputation.
Further, there might be a retaliation and hostile work environment case here.
Whether it is strong enough to pursue, I can not say. I would need more information. I will speak to this person briefly to see if I can guide him/her.
answer to Does an employee have a case of tortious interference, defamation or slander? posted Aug 4, 2010 1:40 PM [EST]
Your description of the circumstances has all the elements of defamation:
1) statement published (spoken or written) to non-privileged third-party;
2) statement is false;
3) publisher knew (or should have known) that the statement was false;and
4) false statement caused damages to reputation.
Further, there might be a retaliation and hostile work environment case here.
Whether it is strong enough to pursue, I can not say. I would need more information. I will speak to this person briefly to see if I can guide him/her.
answer to Does an employee have a case of tortious interference, defamation or slander? posted Aug 4, 2010 1:40 PM [EST]
They can not "appeal" after 21 days, however, it has been my experience that the employer has appealed timely but that you were not notified in a timely fashion.
You need to hire an attorney quickly to see if that decision can be fought.
answer to can an employer still appeal an unemployment claim after the first 21 days? posted Jul 27, 2010 10:01 AM [EST]
You need to hire an attorney quickly to see if that decision can be fought.
answer to can an employer still appeal an unemployment claim after the first 21 days? posted Jul 27, 2010 10:01 AM [EST]
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
Your employer did not take action fast enough. However, they have finally done the right thing by sending him to what I presume is "sensitivity training". I am wondering why there is still tension in the office. It appears that the situation has not been fixed to your satisfaction but it is unclear from the facts you have given. If this is true, then another complaint, in writing, should be filed with corporate counsel for a hostile work environment emanating from your initial sexual harassment complaint.
If there is nothing done, you arguably have a cause-of-action for sexual harassment and an unlawful hostile work environment.
But, (and this is a big but), what damages have you suffered? Has your employer given you an adverse job action because of your complaint? Has your emotional distress been treated by a physician? These are questions a plaintiff's employment lawyer will ask to determine if there is a case.
answer to Is employers actions enough? posted Jun 25, 2010 09:55 AM [EST]
Your employer did not take action fast enough. However, they have finally done the right thing by sending him to what I presume is "sensitivity training". I am wondering why there is still tension in the office. It appears that the situation has not been fixed to your satisfaction but it is unclear from the facts you have given. If this is true, then another complaint, in writing, should be filed with corporate counsel for a hostile work environment emanating from your initial sexual harassment complaint.
If there is nothing done, you arguably have a cause-of-action for sexual harassment and an unlawful hostile work environment.
But, (and this is a big but), what damages have you suffered? Has your employer given you an adverse job action because of your complaint? Has your emotional distress been treated by a physician? These are questions a plaintiff's employment lawyer will ask to determine if there is a case.
answer to Is employers actions enough? posted Jun 25, 2010 09:55 AM [EST]
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
Your doctor is the person who can advise you about your ability to travel when on FMLA. If he allows you to travel even though you have a "serious medical condition" (this is the standard that your doctor must certify in the paperwork) your employer does not have the power to limit your behavior while on leave.
Also, it is not your employer's call when you are able to return. The doctor will certify when you can again do all of your job duties.
I would recommend a letter from the doctor advising your employer about your abilities to travel and return. At least you will have an informed third party that can advocate for you. But beware and keep good notes as to how your supervisers treat you when you return because I can see some retaliation coming your way.
answer to Can your employer revoke your ability to travel when using FMLA for an off the job injury? posted Jun 6, 2010 6:25 PM [EST]
Your doctor is the person who can advise you about your ability to travel when on FMLA. If he allows you to travel even though you have a "serious medical condition" (this is the standard that your doctor must certify in the paperwork) your employer does not have the power to limit your behavior while on leave.
Also, it is not your employer's call when you are able to return. The doctor will certify when you can again do all of your job duties.
I would recommend a letter from the doctor advising your employer about your abilities to travel and return. At least you will have an informed third party that can advocate for you. But beware and keep good notes as to how your supervisers treat you when you return because I can see some retaliation coming your way.
answer to Can your employer revoke your ability to travel when using FMLA for an off the job injury? posted Jun 6, 2010 6:25 PM [EST]
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
I have but one initial question. Non-compete contracts are important documents because they could bind you contractually to something you really do not want. Why would your husband not keep a copy of something so important?
Okay, now that I have chastised him it appears from your facts that it is a possibility that he may get fired if he should even ASK about the existence of the non-compete? Wow! Could he ask someone in HR to see his personnel file without creating suspicion? (Assuming a document of this sort would be in his personnel file.)
Absent this request and since he does not recall any further attempts, I sincerely doubt that they could "sneak one in" on an online pay stub. There are material provisions in a non-competes which do not lend themselves to "sneaking". Further, I doubt it would be enforceable considering he does not have any knowledge of it. Also, a "blanket yes" does not cut it until you can see it.
Having stated the above, this is just a calculated risk he may need to take. Until an attorney can look at the actual language of an existing agreement, there is really no way of knowing to what extent he is bound.
answer to What information is needed to find out if a non-compete agreement would apply to my husband? posted Jun 1, 2010 5:46 PM [EST]
I have but one initial question. Non-compete contracts are important documents because they could bind you contractually to something you really do not want. Why would your husband not keep a copy of something so important?
Okay, now that I have chastised him it appears from your facts that it is a possibility that he may get fired if he should even ASK about the existence of the non-compete? Wow! Could he ask someone in HR to see his personnel file without creating suspicion? (Assuming a document of this sort would be in his personnel file.)
Absent this request and since he does not recall any further attempts, I sincerely doubt that they could "sneak one in" on an online pay stub. There are material provisions in a non-competes which do not lend themselves to "sneaking". Further, I doubt it would be enforceable considering he does not have any knowledge of it. Also, a "blanket yes" does not cut it until you can see it.
Having stated the above, this is just a calculated risk he may need to take. Until an attorney can look at the actual language of an existing agreement, there is really no way of knowing to what extent he is bound.
answer to What information is needed to find out if a non-compete agreement would apply to my husband? posted Jun 1, 2010 5:46 PM [EST]
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