The product never left the store. I as a employee was assulted by the shop lifter but I was fired for not following shoplifting rules. One of the supect was being keep but mange to get away
I'm sorry to hear of your job termination. It's not clear if you have a question or seek any particular information. If the employer's reason for firing you (while unfair) is the REAL reason (and it had no other ulterior motivation or reason), then there are probably no potential legal rights for any kind of job termination claim. If you file for unemployment benefits and are denied, you may have a chance to contest that and receive benefits. With all that said, I could not tell you definitively that you don't or do have potential legal rights. If you want a legal evaluation or advice, you would need to consult directly, in detail, with an employee rights attorney.See question
A company contacted me for a position of robotic/automation tech as result of my resume post. After passing skills qualification part of interview (25 yrs experience), the question of felony conviction was asked & I answered truthfully (yes I am)....
I'd strongly recommend you consult by phone or in person with a WI-licensed employee rights attorney before you file a legal complaint or otherwise take action. Many of us offer free initial phone consultations. There is a 300-day deadline to file a legal complaint with the WI Equal Rights Division (ERD), marked from date you were denied the job.
As an attorney who has evaluated and represented cases of criminal-record discrimination, I can tell you there are a list of important factors an attorney should go through before evaluating the strengths of potential claims, or advising you to file a complaint, etc. Those factors include the substantial relationship test you mention, but also the nature of proof you have (documentation/emails/recordings/etc.), the income the job would have paid, whether or when you obtained a different job and how much that pays, the specific circumstances of your prior conviction, the specific duties you'd have performed at the denied job, the specific information you were asked for and disclosed during the application process, etc. etc. An experienced employee rights attorney could go over these and other details with you and evaluate whether you have potential rights that are worth pursuing via legal claims or attempted severance/settlement negotiations with the employer.See question
Employer has no office at all in FL, only in CA. Who can help me? FL or CA attorney? Do I follow CA or FL laws? Thanks
I'd recommend you give information about the issue(s) you are concerned about. For example, some employment issues-- such as job-termination claims under discrimination law, unpaid overtime wages, etc.-- involve Federal law, and an attorney from anywhere could practice Federal law and potentially represent you. Other issues implicate State law. If you have an employment contract (most people don't) that says a given State's law applies, then that would be another important thing to mention along with the nature of the issue(s) you are concerned about.See question
I am currently working as a contractor with Company "ABC" through a staffing company for past 13 months. I am paid by my staffing company without any benefits. I was interviewed by company ABC, I work at offices of ABC, my day to day tasks are con...
You ask a good question, but there is no quick and definitive answer. You would need to consult in detail with an employee rights attorney, and this is a specialized area of law where it is important an attorney have knowledge of visa practices and US-worker displacement. I have represented US workers displaced by visa workers, and several laws may be implicated, including Federal discrimination laws (Title VII and Section 1981 ) and State discrimination laws. There are "pattern and practice" and "disparate impact" theories under discrimination law that can be compelling, depending on statistical evidence as to the employer's visa worker vs. US-worker workforce numbers. Long story short, you should consider talking promptly to an employee rights attorney knowledgeable in areas above. Many of us offer free initial phone consultations. Depending on your specific circumstances, there may be strong leverage for an attorney to help leverage a severance agreement (or, if you are given a severance offer, to negotiate a better offer) or pursue legal claims.See question
My employer offered me 2 moths continuation of salary and benefits or the choice of a no win for me, 2 month performance improvement plan trying to get me to leave. Employer is in PA I live in NC. There is no way that the parameters in the PIP are...
It's possible you could have leverage to negotiate a higher severance payment, although it appears the employer would be extremely unlikely to offer continuing employment (with PIP or otherwise). Whether you have leverage to negotiate better severance terms and payment would depend on whether you have potential legal claims of value. You should consider contacting an employee rights attorney ASAP (mindful of your severance deadline and time needed for any negotiation). Many of us employee rights attorneys offer a free initial phone consult. An attorney could evaluate whether you have any potential legal claims that are viable, and if so, what their approximate value is as compared to the offered severance value. If the attorney feels potential claims have greater value than the offer, then he or she may be willing to help you negotiate better terms, and do such legal work on an affordable or contingency basis where no out-of-pocket legal fees would be paid. If you contact an attorney, you should ask-- as directly as possible-- any and all questions you have about likely fees, likely value in return (i.e. likely return on any out-of-pocket investment or contingency percentage), and chances of getting a good financial result that's likely to put you ahead financially at the end of the negotiation.See question
I was laid off after 16 years of employment. I earn $103000. I was offered $8000 but don't feel that it's enough. They said that $8000 was the standard offer.
I help workers across the US with severance and settlement negotiations and can say with certainty there is no "standard offer" from a legal perspective. The most COMMON severance offer is no offer. For those employers who offer severances, I have helped workers negotiate a range of agreements for up to over a year's pay, although such larger severances typically involve very strong potential legal claims or unusual circumstances. If an employer is offering anything, it's typically because they are worried (at least somewhat) about potential legal claims. So the main thing an employer gets from a severance agreement are the worker's waiver of potential claims. The offer to you would be on the low end IF an attorney assessed you to have viable potential legal claims with regard to your termination, etc.
Some employers have an internal severance plan, policy or formula that provides for a given severance payment, e.g. 1 week's severance pay per year of service. It's possible that your former employer is referring to something like this when talking about "standard" severance pay. Or perhaps they are referring to less formal protocol of what they have paid before to others. But on your part, I would not concern yourself with what they say is "standard".
Because you were a high earner and had your employment terminated, potential legal claims relating to your termination (if any viable potential claims exist) could have considerable potential value, as such claims' value relates in large part to lost wages following termination.
An employee rights attorney could evaluate potential legal claims you may have. Many of us offer free initial phone consultations. If you speak with an attorney who assesses you to have legal rights/leverage worth negotiating with, the attorney may be willing to share legal risk by offering contingency representation where a percentage of any additional money recovered (beyond the initial offered amount) is paid as a legal fee, i.e. the attorney is only paid based upon any improvement. You could consider pitching this type of arrangement to an attorney you consult with, as opposed to the traditional contingency arrangement which applies the fee percentage (often 33.33%) to the entire amount paid by the opponent-- in the severance context, I feel that is unfair given there's an initial amount offered that the attorney had no role in. If an attorney evaluates your matter in depth and believes you have leverage, he or she should be willing to share the risk and offer reasonable fee options.See question
My company is in New Jersey and has eliminated our entire IT division to outsource it. We were offered a severance package. There is a cover letter signed by the VP of HR saying that this document contains the conditions of our severance agreement...
Generally speaking, unsigned contracts can be revoked. However, sometimes a severance contract has verbiage with regard to a review period (i.e. language regarding a 21- or 45- day review period for the worker to consider the offer) that could provide a legal argument the offer must remain on the table. That is something an attorney could research in detail, although It's likely an uphill argument.
A far more important matter for an attorney to evaluate would be potential legal claims you could have (if any) if your employment ends with no severance agreement. A severance agreement contains a waiver of legal claims, so the risk the employer runs in pulling the offer is being sued. If an attorney evaluated your matter and found potential legal claims with large value, then the attorney may tell YOU not to sign the agreement and to instead negotiate and/or pursue litigation for a better result. I help workers across the US, including a great deal of work with displaced IT workers, in litigation and severance/settlement negotiations. In many instances, I have found excellent potential legal claims when evaluating those scenarios.
I strongly recommend you consult with an employee rights attorney, wherever they are located, if they have experience with Federal discrimination, class action and IT worker displacement cases, and a knowledge of the IT industry across the US. New Jersey is a hotbed for certain systemic discrimination and wage practices, sometimes coupled with immigration-law abuses, and an employee rights attorney familiar with IT industry and layoff scenarios could best issue-spot for your situation.
Many of us employee rights attorneys offer free initial phone consultations, as well as contingency-fee representation for severance negotiations with no out-of-pocket legal fees (which are instead paid as a percentage of recovery from the employer). You could ask such an attorney if he or she is willing to apply a contingency percentage only to additional money negotiated on top of the original severance offer, such that the attorney is incentivized, and is only paid, if the offer is improved upon.See question
Back in January of this year I was fired from my job under the grounds of customer complaints I had never before been told any customers were complaining at the service I offered. I believe I was actually fired due to another reason a few weeks pr...
The only way for you to get a reliable legal evaluation and advice would be to talk directly, in detail, with an employee rights attorney. The attorney would need to review the facts in much more detail to see whether there is any potential legal claim. Sometimes there are potential retaliation claims if a worker complains of certain unlawful conduct and there is proof the employer retaliated because of such complaints or "protected activity" under a given retaliation law. Because your termination was over 6 months ago, and legal deadlines apply to any potential legal claims, you should consider consulting with an attorney promptly if you want reliable feedback about any available options.See question
Hi, I am about to give my resignation and i was wondering if i could still get my bonus (that would be paid in April 2017, 90 days after the fiscal year). My bonus is calculated based on the revenue generated, meaning all invoice payment receip...
I agree with my colleagues above, including the fact you'd absolutely need an attorney to directly review any contract(s) and documents (e.g. bonus plan/policy) that apply, and have detailed factual discussion with you, before legal advice or recommendations could be provided. Many employee rights attorneys provide a free initial call/review and contingency representation for wage disputes when they think there is a good case. With that said, the amount of the bonus at issue is a big factor; obviously, the larger the amount is, the more it may impact decisions down the road by you (e.g. should you consider resigning later after payment or now) or decisions by an attorney (e.g. should he or she offer, given amount and circumstances, a contingency fee arrangement where you don't have to pay legal fees out of pocket). If this is a big financial decision, I think it would be wise to contact an attorney ASAP before you make significant decisions or take action.See question
I have worked for EGS since October of 2010. Since November of 2010, I have always worked two 5 hour shifts which was always acceptable. I have now been told that I can no longer work only 10 hours a week. This is an incoming call center positi...
This situation does not look promising for potential legal rights or leverage to try and improve the situation. Generally speaking, in the employment-law world, it is better for a worker to be fired than to create documentation saying he or she resigned (when it was the employer's idea). With that said, no attorney could evaluate or give you advice for your specific situation via Avvo or any other website. For reliable legal advice, you should contact an employee rights attorney and consult directly, in detail, about your matter. Also, if you post any additional info about your matter online, I'd recommend you avoid mentioning the employer's name or other details that could cause you to be identified by the employer or by others who could contact the employer. Again, if you want legal advice, you should discuss the full details directly, and privately, with an employee rights attorney.See question