unemplyment

how do i prove to unemplyment that i didn't quit my job my boss says i quit i say i was terminated?

Comp Time

My previous employer owes me about 100 hours of ''comp time'' and has refused to pay basing its reason on me being a salaried manager. My immediate supervisor, a director, had made a verbal agreement with me promising to award me ''comp time'' off whenever I worked beyond 50 hours/week. In fact, we had this ongoing arrangement for the entire duration of my employment. I was also copied on an email from the Finance Director to the Payroll Clerk, in which the director used the term ''comp time'' in a directive to the clerk regarding the fact that I had been working longer hours (due to business volumes). Since the termination of my employment. I have made several attempts to collect the monetary equivalent of the 100 hours comp time due to me. These have all been through email. The replies I have received (also via email) have been that I have already received all compensation due. The position I was employed in was created 01/01/01 and, with no prior notice, eliminated 06/30/07. I was the only holder of this position. All I am seeking is due compensation for the extra 100 hours I worked for this employer. I do not want to be reinstated in my previous job. I'll greatly appreciate any legal advice to assist me in my collecting my dues.

Corporate apartment

I was traveling back and forth to Boston for business. The business got an apartment for me but since I was going to be living there I had to be on the lease. The lease term was for 14 months. The verbal agreement between my employer and myself was that after July I would pay for the lease as I should be moving there.

In February the company I worked for laid me off. I then had no reason to travel to Boston and the apartment sits empty.

The rent is very high $1800 per month and my former employer wants to sue me for the lease.

What is my legal recourse?

NOT BEING Paid

I accepted a promotion at my job 8 months ago and was told that after a 3 month trial period i would get a pay raise. In that time I've improved my restaurant dramatically even though we still have a long way to go. 8 months later I have not received pay compensation and my assistants make more than me. Now I'm being told if I don't improve even more in the next 60 days i'm being demoted. I'm not asking for a raise...just the pay someone in my position should be getting. What can I do?

Verbal harrassment/age discrimination

I work in for a well-known nationwide furniture retailer. The manager that was in charge when I started working for the company was recently fired and has been replaced by a 24 year old ''manager'' who has decided that he doesn't like me. Although I have consistantly been the top sales producer and am well liked by my co-workers, I am continually singled out for chiding, ridiclule because I cannot lift furniture, unwarranted reprimands and unneccesary micro-management. His behavior is not only undermining my ability to be successful but is creating general tension in the workplace. The entire staff has witnessed and is appalled by his behavior (which he has also exhibited in front of my customers!).

I have always felt valued by the owners of the franchise, but when I called to express my concerns, I was simply told that they aren't ''finished'' with our store yet, and to ''stay out of the fray''. I am a mature (61 year old) adult, and have a background in management myself. I have never treated anyone nor been treated like this and am at my limit. I have enjoyed the position to this point and would like to continue my employment but am increasingly dismayed and discouraged. What can I do? What should I do??

Breach of Confidentiallity

I am asking this for a friend who is now afraid for his job. At my place of employment (VERY large retail) an asst. manager was under investigation for theft. When my friend was approached to write a written statement that was to be kept confidential, he did so under those terms. Recently, the asst. manager in question approached him and mentioned that he knew that the statement was filed and its contents. When my friend asked upper management how this information that was supposed to be confidential was leaked, they did not know but admitted it was supposed to be confidential. The Store Director reccomended that my friend transfer or leave his job if he felt threatned. This is not right, and I feel that some legal action is most definitely warranted in this case. Is this something that could be persued?

Thank you.

Independent Contractor final wages

The company I worked (with a written contract) has not paid my final wages. My timesheet was submitted 02/28/08 and I received an e-mail that due to cash flow problems they would not require my services for the month of March and would contact me when they would need me again. I told them they was nothing in the contract (terms were month to month and that the agreement would be terminated by either party with 30 days notice). I requested they pay me immediately. They never responded. I filed a small claims action because DOL said I could not file with them because of my independent contractor status. There is an arbitration clause in the contract, but it specifically states that any dispute which cannot be resolved in good faith must go to arbitration. My stance is they breached the contract and the contract should not stand. They have done nothing to contact me other than filing an answer which is actually a request to stay proceedings. Can a contract stand when consideration (fees) have been denied? Please note that I posted a question earlier that was more convoluted.

defimation

An employee that I work with has on two occasions stated false things about me to supervisors and HR. What actions can I take in this matter?

Can I Terminate For Excessive Excused Abscences?

I have an employee that has excessive abscences for the doctor, kids appointments, etc. I basically had to make a part time position for her instead of full time, as she needed extended breaks and lunches to pick up her kids, appointments, etc. She recently had a surgery (non-life threatening). I have warned her numerous times about her attendance. After this recent surgery, she came back for 2 days, now she's out again for a few days with ''pain'' from the surgery. She is a good employee (that's why I worked around her schedule), but now her attendance is affecting the office workload and mine as well and it is more trouble to keep her than to do without her. I have given her numerous verbal and written warnings. She is an ''at-will'' employee in CA. I only ask because she is the type of person that would probably sue at the drop of a hat...

FMLA vs, Worker comp

I have aworker comp claim pending due to inury on the job. Must I also apply for FMLA since I am entitled to W.C. benefits? What is the difference?

Employment Law

10 years ago - charged with wrongdoing by a municipality - entitled to a Hearing with a lawyer at the time - The Collective Bargaining Agreement has since been changed - Have won the right to a new Hearing in Court - but gov't agency will NOT allow a lawyer to represent me - because Collective Bargaining has been revised.

Can they do this because the contract has been modified? Which rules apply? The rules at the time of the allegation? The Judge directed that a Hearing be held de Novo--but did not specifiy the right to Counsel.

being fired from job

If another person from a department that i am not in tells that i was asleep on the job can i get fired?

Commission

My friend works for a company in florida and the company is telling him that they are not paying him his $1800 commission because he was short $200 for the month's quota. I do not think this is legal. They have to pay him his commission. However, the company says that because they call it an incentive and not commission, they do not have to pay him. Is this true? Can they do that and get away with it by calling it something else? Please advise.

Job

If a manager tells workers in an industry why someone was fired, but couldnt tell the mother of person who was fired, is the manager breaking the code of confidentiality?

receiving pay once you've quit a job

i was a salaried employee in the state of ga. on march 17 i quit my job. the next pay date was march 28, and i did not get my check. is their any reason they can hold the two weeks pay for that pay period and the pay for the two weeks i worked in the whole?

Termination on disability and cancellation of health insurance

I incurred a stroke from a chiropractic adjustment and ended up being admitted to hospital, then misdiagnosed by said hospital, and sent to primary dr. for referral. I worked as an inside sales base + commission for small electronics after-market company. My work was exemplary and had just been rehired 4 months prior after having left to work for competitor for a month. I was given all my existing accounts that I had opened and my HMO had just kicked in 3 weeks before my stroke on Jan 15 2008. Due to pathetic process of the HMO system and service provider, I was unable to get secondary neurologist confirmation and subsequent therapy: speech and cognitive functioning - problem solving, reason, and memory - until after 6 weeks. I am expected to have complete recovery, however, it will be 3-4 months before i can return to work. I am on state disability until June '08 per neurologist. I rec'vd certified letter i had been terminated due to ''undo hardship on the small company'' - not for incompetence or misdealings. My accounts are active and have pending sales orders and are the largest such clients the company has retained due to my work. Also, i just recv'd termination of health coverage effective April 1 2008. Do i have any rights?

Employment Law

Two questions. 1. My employer has changed the comp plan in March for the worse (in sales) after we already signed the 2008 plan in Jan. Is this legal? 2. Same company has allowed serious violations of the Rules of Engagement between the Outside and Inside Sales Force resulting in losses of thousands in dollars in commission for me, is this legal as well for them to violate their own ROE. Thanks

Employer reduced hours due to my illness and will not reinstate them.

I was working 30 hours a week when I was diagnosed with breast cancer. When I began chemo. my employer suggested that I cut back to 20. I am at the final stages of treatment and my employer stated that 10 hours I once had has been reassigned permantly to another employee and because of budget cuts wants me to go to 15 hours putting my hours below the required 20 hours to receive vacation and holiday pay. This is a church with less than 50 employees. Do I have any right to ask for my 30 hours back or even to at least keep the 20 I have now?

couple using surrogate and medical leave

I work full time and my husband and I are expecting twins via a gestational surogate are we entitled to family medical leave as I am neither giving birth or adopting but we will be having children that are genetically ours... please help

Employer Chastising an Employee in the Presence of Custromers

Employee was solicited by phone from a company claiming to be with Verizon Yellow Pages on the store phone. The employee stated specificaly that they were not authorized to charge anything to the phone bill. The company employed a survey, and during the course of the survey asked questions in order to invoke a ''Yes'' response. The recording was altered and the question regarding authorization was changed to a ''Yes'' answer. The company the employee is working for incurred an increase in there phone bill over the course of four months before the deciet was noticed. Upon notice, the owner approached the employee in question and proceeded to chastise and berate in the presence of customers. Is this allowed?