http://www.expertlaw.com/forums/ Issues arising from the end of the employment relationship, including being fired or wrongfully terminated. en Wed, 22 May 2013 07:55:24 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158763&goto=newpost Tue, 21 May 2013 20:22:36 GMT I've been given a severance agreement to review, and I was told by my employer I have 21 days to review it. My attorney is working with the employer attorney to tweak the document, though nothing has been settled. Meanwhile we are 6 days out from the 21 day deadline. My attorney says no worries, but is he correct? ]]> Resignation and Termination Cowabunga http://www.expertlaw.com/forums/showthread.php?t=158763 http://www.expertlaw.com/forums/showthread.php?t=158536&goto=newpost Fri, 17 May 2013 01:09:43 GMT Im from Texas I was employ with a company for lil over a year i never had write ups or any other problems couple of x employees post something on... Im from Texas I was employ with a company for lil over a year i never had write ups or any other problems couple of x employees post something on them on facebook heres the thing i came in to wrk as usual an boss man an his asst call me to the lobby to fired me the paper said i was rude to staff an supervisors an defamed my cmpny but never had a write up an didnt have proof of the facebook post he said he never saw it he was goin by what his big boss said plus tje incident occur on a date an tme when i was on the road comming back from austin i look up all my post nothing do i have a case an can i get benifits.... ]]> Resignation and Termination sayeyes http://www.expertlaw.com/forums/showthread.php?t=158536 http://www.expertlaw.com/forums/showthread.php?t=158481&goto=newpost Wed, 15 May 2013 22:23:22 GMT My question involves defamation in the state of: Massachusetts

I was terminated for a "conflict of interest" in December 2012 by Tyco International. I had worked for SimplexGrinnell, a Tyco business, since 2001. I have been unemployed since then (about six months now).

The proported conflict of interest was because I am a partner of a small start-up company that installs and monitors residential security systems. SimplexGrinnell (SG) only provides services to commercial properties (not residential); the nature of the services that I sold for SG were testing and inspection on fire alarm, sprinkler, suppression systems to commercial properties. I also sold maintenance and monitoring on security systems.

My previous District General Manager (DGM) was aware of my participation with this start-up. He did not consider it a conflict because, again, SG only provides services to commercial facilities, not residential homes.

A new DGM was assigned to our office and he decided the small business was a conflict, and terminated me within 24 hours. I was told the conflict was because ADT (a sister Tyco company) would be a competitor to the start-up. I never worked for ADT. My business partner was also an SG employee, and he was terminated, too.

Ironically, Tyco announced ADT would split into three companies in Sept 2011, with the commercial and residential businesses becoming completely separate entities. See: http://www.securityinfowatch.com/new...ally-separates
ADT split: http://www.securitysystemsnews.com/a...s-two?page=0,0

The Massachusetts unemployment office decided I still qualified unemployment benefits, although SG tried to fight it.

Within the last most recent few weeks, I was close to getting a job with Bank of America. After a phone interview, and two online asssessments, I completed a background investigation form. One of the questions was if I had ever been terminated, and I explained the SG situation. I received a call from an investigator who asked several questions about the termination. I just received an email with the subject line of "ASI Unsatisfactory Results." The email said "based upon your applicant screening investigation results, we regret to inform you that you will not be moving forward in the selection process..."

Might I have a defamation of character case? This termination will definitely hurt my chances of securing a job, and the BOA rejection is because of the termination.

Please note that I am a current member of the National Guard (a part-time job). I hold a SECRET clearance. I fear this termination will also hurt my military career.

Thanks for your help!

Signed,
NeedajobMass ]]> Resignation and Termination NeedajobMass http://www.expertlaw.com/forums/showthread.php?t=158481 http://www.expertlaw.com/forums/showthread.php?t=158443&goto=newpost Wed, 15 May 2013 04:16:16 GMT My question involves labor and employment law for the state of: texas Just to paint a quick picture of the work environment I was in: I was... My question involves labor and employment law for the state of: texas

Just to paint a quick picture of the work environment I was in: I was working on project where I proposed an idea that is valuable. I communicated it with my supervisor and told him my game plan. My supervisor said, that I would do all the homework and let some one else present it (give the credit to someone else). I expalined my thoughts that the other guy would not feel comfortable explaining the project because he didnt do anything... my supervisor said, well u will train him... Another example: I suggested to attend a training course that would be very helpful for my work and the company (lets call it subject A). The supervisor rejected my attendance. After his rejection he assigned me a project that is specifically related to subject A... :wallbang:

Everytime I asked my supervisor about what my responsibilities are, he always answered ur responsible for everything... so I talked to his supervisor and got the same vague response. My supervisor was me holding accountable for some true things, false things, and things that I proceeded based on his recommendation and guidance, which we discovered his recommendations were bad recommendations. I had some questions regarding what was written, my supervisor couldn't answer. so I talked to his supervisor to get clarification. I asked my supervisor if I could suggest some changes to reflect what actually happened, he was ok with it, so I did and email him my suggestions. I refused my suggestions, and asked me to sign the orignal paper. I explained verbally and via email that I understoodand and want to improve my weak skills, I refused to sign simply because the way it was written felt misleading. so I suggested if we can get someone to review the wordings to make sure it reads good since it is going to my master file. Do I have the right to refuse signing?

The supervisors were not complying with company policy (unclear responsibilities, ect...), and it was affecting me. so I talked to HR because I wasn't sure what my responsibilities are. all of us met to identify my responsibilities. my supervisor started talking about some my performance opportunities, which was irrelavent to the topic... Is this retaliation?

The supervisor said they want to terminate me because they think I don't want to improve my weak skills as indicated by not signing, then gave me an option to volunteerly resign. so I resigned. The supervisor refused to allow me to collect my personal belonging and said they will send it, then escorted me out of the building. A company wide email about me volunteerly leaving the company was sent. My supervisor hasn't send my stuff yet and left them in my office laying out for ppl to see. After my resignation (I haven't showed up to work after being escorted), I heard that the supervisors are scared of me, so they increased security personel the next day after I resigned... I am in good physical condition, but I'm very calm, I don't lose my temper and I have never threaten anyone. It seems like they are doing it for defamation... Is this legal? any advice would be very appreciated..

Would you recommend contacting the company ethical/compliance hotline and tell them about my experience? Is this considered whistle blowing?

Thank you in advance for your help ]]> Resignation and Termination SWA http://www.expertlaw.com/forums/showthread.php?t=158443 http://www.expertlaw.com/forums/showthread.php?t=158329&goto=newpost Sun, 12 May 2013 05:43:55 GMT My question involves business law in the state of: South Dakota.

I'm the IT admin for a private healthcare provider.

I'm looking for a new job. I have access to all passwords to pretty much everything. You name it, I probably have access to it or can get access to it.
Upon leaving, I plan to type up a memo with all my credentials and such. However, I really have a hard time believing they'll go through and actually change all of the passwords. This makes me somewhat nervous as I feel I would almost be liable for any damages caused by any mishaps after my leave.

Am I liable for anything? Do I need to do anything before I leave? ]]> Resignation and Termination csim01 http://www.expertlaw.com/forums/showthread.php?t=158329 http://www.expertlaw.com/forums/showthread.php?t=158258&goto=newpost Fri, 10 May 2013 13:29:07 GMT My question involves labor and employment law for the state of: MD Warning for lateness I mean. Basically my manager told the District manager... My question involves labor and employment law for the state of: MD

Warning for lateness I mean. Basically my manager told the District manager that I have lateness issues and I'm on conduct warning and couldn't be transfered. He told him he has documents showing that. I'm not sure what kind of documents. He never had me sign any formal documentation or anything-which I told the DM. He told me I don't have to sign anything because of the "documents" they have. So my question is how can they prove it, if I was never given a written warning which would show that did warn me? ]]> Resignation and Termination Isabe-l http://www.expertlaw.com/forums/showthread.php?t=158258 http://www.expertlaw.com/forums/showthread.php?t=158237&goto=newpost Thu, 09 May 2013 23:41:55 GMT My question involves labor and employment law for the state of: KY

I'm being relocated to another state. The company is giving me a one time, lump sum of $x,xxx that will be included in my next payroll check.

I don't want to move, but feel I really have no other opportunity within the company. Let's say I get settled into my new role and I'm not doing well. I ask to come back and they say it isn't an option, so I quit.

Seeing as I didn't sign anything and I'm an at-will employee, am I liable for any of the relocation expense? ]]> Resignation and Termination thomas19 http://www.expertlaw.com/forums/showthread.php?t=158237 http://www.expertlaw.com/forums/showthread.php?t=158234&goto=newpost Thu, 09 May 2013 22:24:00 GMT My question involves labor and employment law for the state of: Maryland My mother was recently laid off from her job, she was within 6 months of... My question involves labor and employment law for the state of: Maryland

My mother was recently laid off from her job, she was within 6 months of her retirement, and it just seems like there are laws that protect that type of thing. She did work for a defense contractor and the reason for the lay offs are the Sequestration, I don't know if that plays a part in this, but it just seems like there is something illegal about being let go this close to her retirement.

I am completely ignorant to any of these laws, so any and all help would be greatly appreciated. ]]> Resignation and Termination BigPudge7654 http://www.expertlaw.com/forums/showthread.php?t=158234 http://www.expertlaw.com/forums/showthread.php?t=158159&goto=newpost Wed, 08 May 2013 01:18:59 GMT My question involves labor and employment law for the state of: ct i quit my job back on march first and on march 15th they said i got fired for not... My question involves labor and employment law for the state of: ct
i quit my job back on march first and on march 15th they said i got fired for not showing up. i only know this cause i got the records that the job of my preformace sheet. but on it got terminated after i got terminated before 2 dates in same line of me being terminated. Now i got there to get food-McDonald they telling everyone that HA HA SHE GOT FIRED i have autsim is that discrimination;. they refused to even give me that paper till i said i had legal right to it. they got rid of all my papers 1 month aftr i "quit" nolt 6 months that required by law. they told my landlord i quit not got fired. ]]> Resignation and Termination Molly Dayfriend http://www.expertlaw.com/forums/showthread.php?t=158159 http://www.expertlaw.com/forums/showthread.php?t=158153&goto=newpost Tue, 07 May 2013 23:22:01 GMT My question involves labor and employment law for the state of: MD Hello Ok, so it looks like I have a case with the EEOC, they filed a sexual... My question involves labor and employment law for the state of: MD

Hello

Ok, so it looks like I have a case with the EEOC, they filed a sexual discrimination and constructive discharge claim against my ex employer. I realize this might be a little complicated to prove coz if my job denies the facts, then I may need to provide some kind of proof that the incident did happen. Since the events were actually witnessed by everyone in the office, I’m actually trying to get at least a couple of people to write something along these lines: Mr. X did tell sex jokes or he harassed me and they saw him jump in my car…

I know they probably won’t feel comfortable doing it, but they may have to deal with investigators anyway, if they decide my coworkers need to be interviewed; because I listed them as witnesses on my complaint.

So how do you guys think I should go about contacting them and getting them to write a statement for the case? Any ideas and/or suggestions? I mean I’m not asking them to lie or anything, but just to write a few sentences on what they witnessed. It’s also about “doing what’s right”.

Thanks a lot!


(Please don't be redundant. If you don't have anything new to add to the topic then your opinion is not needed. thanks!) ]]> Resignation and Termination Isabe-l http://www.expertlaw.com/forums/showthread.php?t=158153 http://www.expertlaw.com/forums/showthread.php?t=158154&goto=newpost Tue, 07 May 2013 22:55:32 GMT New Jersey, ON Feb 08, 2011 I was suspended for an indictment in which my name was included with 5 other State Correction Officers and Sergeants. I... New Jersey, ON Feb 08, 2011 I was suspended for an indictment in which my name was included with 5 other State Correction Officers and Sergeants. I was assigned to video record and that is what I did. I was called back to work on Mar 08, 2013. I was awarded back pay but during my 2 years out I was never investigated by our own internal affairs or the New Jersey Prosecutor's Office. All involved in this indictment have since be reinstated without any justice for those who were suspended. I would like to know my recourse to the anguish I was put through. ]]> Resignation and Termination rinso15 http://www.expertlaw.com/forums/showthread.php?t=158154 http://www.expertlaw.com/forums/showthread.php?t=157925&goto=newpost Tue, 30 Apr 2013 22:40:15 GMT My question involves employment and labor law for the state of: CA Hello, I have been working for the same fast food franchise for over a year... My question involves employment and labor law for the state of: CA

Hello,

I have been working for the same fast food franchise for over a year & was recently terminated on the grounds of "At-Will Employment". During the course of the year I was working I put in a lot of Off The Clock hours, with the managers knowledge as well as the owner of the franchise & was not told not to do so nor was I informed that it was illegal. I, myself., was not.aware.that it was.illegal at the time because 1.) It was my very first job. 2.) It said absolutely nothing about it in the employee handbook. Yes, the work was "voluntary" no one told me I "had" to do it but at the same time, no one told me not to either. Now, a week before I was actually terminated, I was taken off the work schedule. I was told not to come in because "I wasn't needed". That was a little over a week before I was called in to sign termination papers, which I was not given a copy of & refused when requested for copies. The manager, who is new.&.only been managing the store for about three months give or take, had been bombarding me, picking on me & harassing me since I met her. Every week, she was writing me up for every little thing, constantly cutting my hours while everyone else had 30 or more, constantly yelling at me in front o f coworkers, she was always watching for things that I was specifically doing and even if there was another employee in the wrong for something, if it was during my shift I was getting written-up for it not anyone else. I went from 35 hours a week to 14 hours a week. And whenever I would point out something wrong that another employee did she would simply respond, "I'll talk with them & deal with it" but she never evee would & especially not in the same way she.would with me. Finally, I was terminated becauseI did not sign & date one product in the store and she says it the "third" time shes spoken to me about it when actually, it was the second, but she just wanted a reason to get rid of me so she used to "At-Will Employment" on me and said she did not need a reason to fire me based on that. Now, my Mom says I can file a lawsuit but I wanted a second opinion. What do you guys think? Do I have a case & who would you recommend for an attorney? Thanks. ]]> Resignation and Termination ShonaOhShona http://www.expertlaw.com/forums/showthread.php?t=157925 http://www.expertlaw.com/forums/showthread.php?t=157807&goto=newpost Sat, 27 Apr 2013 23:06:44 GMT I have a copy of this information and yet still confused about what happened and how I should be answering job applications I got a write up for a... I have a copy of this information and yet still confused about what happened and how I should be answering job applications

I got a write up for a suspension (will not provide details). Left upset at the time not being aware of the suspension at the time never returned because I didn't know I was still to report to work the following days in which the job eventually ended.

Under the voluntary section no show/no call was selected, but also on additional form it was the same reason given for termination (see how this is confusing?)

For application purposes is this considered a voluntary or involuntary quit? Can it also be both?

For applications purposes is this considered being fried from a job and/or involuntary separated from a job?

I’m confused because involuntary quit is not always an available option ]]> Resignation and Termination maddogsousa21 http://www.expertlaw.com/forums/showthread.php?t=157807 http://www.expertlaw.com/forums/showthread.php?t=157744&goto=newpost Fri, 26 Apr 2013 02:13:27 GMT Long story short, I moved from out of state for a new job. All moving expenses + relo bonus was paid upon arrival. I signed a contract stating that... Long story short, I moved from out of state for a new job. All moving expenses + relo bonus was paid upon arrival. I signed a contract stating that if I were to depart within 2 years, that I would pay back the full amount. I'm one year in; still one year to go. I'm in a very hostile work environment. In the past year, in my department, 6 of 9 have quit. Many have voiced their reasons for leaving as the hostility in the department, mainly from my boss. HR has started an investigation (many months ago), yet nothing has changed. The company has a policy that "hostility in the work environment will not be tolerated," yet it is being tolerated. I want to quit the job as I'm it's affecting my health and happiness drastically, but I feel trapped. I'm concerned that I may have to pay back the full amount, which I can't afford right now.

My question is this: Do I have a justifiable reason for not having to pay back the monies owed as I've been forced to continue working in an hostile environment, where I'm belittled, cursed at and talked down to. Any advice/thoughts would be appreciated.

Thanks ]]> Resignation and Termination budbud http://www.expertlaw.com/forums/showthread.php?t=157744 http://www.expertlaw.com/forums/showthread.php?t=157683&goto=newpost Wed, 24 Apr 2013 14:32:50 GMT My question involves labor and employment law for the state of: michigan On April 19th, 2013, I was fired from my job. This is what happened. ... My question involves labor and employment law for the state of: michigan

On April 19th, 2013, I was fired from my job. This is what happened. Last year in 2012 the landscaping company I was working for was broke in to and a lot of our equipment was stolen. I went to the owner of the company and said if you need to use my stuff you can use it. Well he said yes and I brought my stuff in to be used. Well 3 to 4 weeks later we got broken into again. Well this time my stuff got stiles as well. So when we did a police report my stuff was reported missing and even on the insurance claim as well. So the owner told me when the first insurance check comes in he would pay me. Well it came and went no money. Well I ask and he said the second insurance check. Sure. So a few wells later I ask about the check he said to me no matter what I will pay you in November! No money. I ask in December! No money. So this April comes along and he pulls me into the office with the office manger and the insurance company on the phone. After all this waiting the I insurance company said they can't claim my stuff. So he look at me and says,, sorry I can't do nothing about it. Well on the 18th of April I wrote a letter to him explaining it wasn't fair not to receive my money after all these promise and witness to him saying it and I never got it. Well he call me into the office and we went over the letter and I told him against it wasn't fair to me and you made all these promise to me for months and nothing at all. Well after my conversation he ask for my keys and phone and fired me. So what do I do now? So do I have a claim for wrongful termation? Can anyone help me out here? Thanks. ]]> Resignation and Termination Nathan Franklin http://www.expertlaw.com/forums/showthread.php?t=157683