James J. Hux's answer If you believe you have been discriminated against because of your disability, you would probably benefit from speaking with an employment law attorney before accepting any severance agreement. Some attorneys will offer a free initial consultation.
Louis George Fazzi's answer It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
James G. Ahlberg's answer The information attached to the question indicates you're in West Virginia. You should ask an attorney licensed there this question. I can give you the answer under Illinois law, but that doesn't mean the answer would be the same in West Virginia. I'd rather not give you advice you cannot rely on.
Charles M. Baron's answer You raise two separate issues - (A) denial of position due to inability to speak Spanish, and (B) denial of position due to a disability.
Regarding a requirement to have Spanish-speaking ability, that would be illegal national origin discrimination (triggering a potential claim) UNLESS it is necessary for the effective performance of the position. For example, a company that has many customers who only speak Spanish CAN legally require the employees who interact with these customers...
Neil Pedersen's answer Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....
Neil Pedersen's answer There is no law that requires any employer to offer part or full time positions in any percentage. An employer can have all part time or all full time or any mixture of those kinds of employees. If there is a union, perhaps the collective bargaining agreement would have something to say about that. If so, contact your union representative.
You suggest discrimination against moms. Unfortunately being a parent does not place you into a protected class.
Kyle Persaud's answer The answer to this question depends on the contractual agreement between you and your employer.
"Contractual agreement" can include written contracts, but, under certain circumstances, verbal statements by you or your employer, or action by you and your employer, can also be part of the contractual agreement.
You have only submitted a portion of the e-mail from your employer.
If you are able to scan and send the entire e-mail, and also scan and send all written...
Neil Pedersen's answer You are going to have to take the documents you have and locate an intellectual property attorney to determine if you have any rights in this situation. That attorney will likely want to know your participation in the invention of the patented device or process. The claim would not be related to misconduct. Instead your claim will necessarily relate to whether you have any rights in the intellectual property represented by the patent.
Neil Pedersen's answer Unfortunately, when lodging is part of the employment bargain, you do not have the same rights as you would if you were a normal tenant. Your employer has the right to terminate your right to stay in the lodging immediately upon termination of the employment, without 3 or 5 or 30 day notices. Your employer gave you more time than required by the law and if the unlawful detainer were to proceed you can be removed from the premises by the sheriff.
Joseph A. Gangi's answer Minnesota is an "at will" employment state so generally speaking you can be fired for just about any reason, so long as it is not discriminatory or retaliatory. The law does not require people to treat you nicely. But if you can show that you were terminated because of your race, gender, disability, age, etc., then you may have a case. You should discuss the specifics of your situation with an employment attorney to see if there is anything.
Richard Yaskin's answer You may have a claim of wrongful discharge against the public policy of New Jersey if FEDEX discharged you for serving an official jury duty. Did you timely provide proof of your jury service?
Is there more to FEDEX basis for discharge based on your alleged record of absences?
V. Jonas Urba's answer How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
Neil Pedersen's answer Can you be fired? Yes. Will you be fired? No one here can tell you that. It depends on what the District believes occurred. Just because the police decided not to prosecute does not mean the District has to keep you employed. If you are in a union it would be important to get your union involved right away. Good luck to you.
Michael C. Smith's answer Are your new hires also being terminated? If not, and the hiring process is completed, then you have done everything you need to do to earn the commission. Depending on how the new operation is structured, you might have to collect your commission from your old employer, the new company, or the parent company. You may want to contact the Utah state labor commission for assistance.
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