I work in California and my employer is headquarted in North Carolina. They did not give my final pay upon termination, but ran it through their next scheduled pay period, making it late. My last day was December 31, they terminated my whole team. I recieved my final pay January 13. They still have... Read more »
If you worked for a non-governmental employer, your employer was legally required to pay all earned wages on the day you were terminated. Because this company is not based in California it likely is not aware of the very protective laws for employees here. Nonetheless, if you can prove that the...Read more »
Available for 6 months. They have given other persons a much better severance package and they were of a different race and they had performance improvement plans. They want to give me one month salary and a Cobra pkg.
If you believe that you are being discriminated against on the basis of race, and treated differently from other employees in regard to severance payments, then you need to consult a licensed discrimination lawyer in the District of Columbia as soon as possible. Most attorneys are providing...Read more »
My neice inlaw is 26, she's 9 mo.s pregnant and has just been diagnosed with stage 2 breast cancer, her plan was to return to work as a teacher after 3 mo's. When she told her employer (a very highly prestigious private school in pbg, fl) that she may need a double masectomy, they asked... Read more »
Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work...Read more »
Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me... Read more »
Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment...Read more »
Are you prepared to represent me if I have an appeal denial from Office of Federal Operations, and my former federal employer did not abide by OPM RIF Guidelines? My Formal Complaint is for Age Discrimination, Contract Breach, and Numerous WARN Act violations. I was a 79 yr. old 10 pt. Disabled Vet... Read more »
I am sorry but you misunderstand the nature of this Q&A board. This is not a place to ask an attorney to work for you. It would be inappropriate for any attorney to respond to your post with a desire to work for you.
You are going to have to locate and make contact with attorneys,...Read more »
I was terminated on 1/18/23 for no real reason and was given a check and then said my other half of my pay would be deposited and I’m yet to see any of my money. And the check is on hold? Is this legal?
It is not legal for a private (non-governmental) employer to not pay all wages due on the day of termination. A willful failure to do so gives the employee the right to seek Waiting Time Penalties equal to one day of pay for each day the employee is made to wait for the entire final check, up to a...Read more »
Seems like I'm being "squeezed" out. Having issues w my manager and asked her about looking into an amicable mutual separation. After this I was told my choices are to resign w 3 weeks notice no severance applicable (11 years of service) or continue on under a PIP for the next... Read more »
The answer to this question will depend in part on how you're paid. If you are paid by the hour, then you generally must be paid for all time worked, including at an overtime rate of 1.5x your normal rate for hours over 40 in a workweek. However, if you are paid on a salary basis, then your...Read more »
He worked all day Tuesday 1/11/23. They did not contact him until 3 hours after he got home saying he was under investigation. The only thing they tell us is that someone reported it. There are no cameras and they didn't even bother to stop him at work to verify that day. He did no such thing.... Read more »
I'm sorry to hear about your situation. It appears you asked for reasonable accommodations for your disability. The employer had an obligation to engage in a good faith interactive process to determine if you could complete your job with or without accommodations. If you want to take action,...Read more »
I will like to know how to seek legal representation about a situation I recently had regarding wrongful termination by retaliation. I made a complaint to my manager regarding the passive-aggressive behavior and possible discrimination of a QA lead. Unfortunately, the very next day, I was... Read more »
Use the Justia Find a Lawyer tab and search for employment and/or labor law attorneys in your area---call a few for a consultation and then proceed accordingly. Some of the lawyers will charge you for a consult and others may not so I would find that out when you first contact them. Good luck.
There is nothing inherently unlawful about the clause you cited. However, attorneys are taught that a contract provision is interpreted in the context of the entire agreement, so no one here can definitively say one way or the other without being able to review the entire document.
I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email... Read more »
Health issues with swelling. Some of the swelling was in my gut. Let me add this I am a female and work with all men for these 16 years. My main supervisor started to notice my gut and proceeded to make pregnancy comments (even though he has known I was gay the entire time I worked there) He also... Read more »
You should contact an Oklahoma employment attorney to discuss your situation in more detail. While more information is needed here, you should reach out regarding claims for disability discrimination and/or sex discrimination under Title VII of the Civil Rights Act of 1964.
No. Your employer owes you the full day of pay at the double time rate you worked.
You should go to the Labor Commissioner's website and ask for their assistance with this. Here's the link: https://www.dir.ca.gov you can copy and paste into your browser. On the main page, click...Read more »
Sorry but no. This Q&A site cannot address case-specific inquiries. You are going to have to retain an attorney to do this research for you, or you can either go to the courthouse where the lawsuit was filed, or go online to see if an online portal exists for you to look up the case and look...Read more »
For example: several customers comes through a drive thru but decides at the speaker to drive off and order from a near by food truck. In return the GM and DM are advised by the regional manager to terminate the manager on shift due to the customers driving away. The allegation of the regional... Read more »
An at will employee can be terminated for good reason, bad reason or no reason at all. The employee could be terminated because the owner doesn't like the color of his or her shirt or the car he or she drives. Exceptions primarily relate to illegal (age, race, religion, sex or national origin)...Read more »
There is no specific statute for general retaliation. The protection is offered based on what you report. Protection is primarily offered based on reporting illegal discrimination or filing a worker's comp claim. It wouldn't be offered for reporting someone came in late or took too long...Read more »
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