Recent content by esteele

FWIW, I would not leave job 1 for job 2 without, at least, a written offer letter from job 2 which included a firm start date. Of course, if you are to be hired as an “at-will” employee, then job 2 could withdraw the offer notwithstanding the offer letter. Nonetheless, if a company issues an...

OP, your teacher friend should consult with her union representative. The union rep should know whether the collective bargaining agreement and/or the civil service system come into play with her reassignment. With that said, in most instances an employer can reassign an employee for purposes...

OP, you should contact local employment law counsel ASAP. Based on your post, the employer may have violated the FMLA by terminating you while you were on short-term disability. Sending you the FMLA paperwork after your termination may be part of an ill-conceived effort to concoct a post hoc...

Based on your post, the disciplinary write-up was downgraded to a warning. The reduction in the level of punishment does not at all suggest the union representative is “bought” or otherwise corrupted by management. I would suggest you keep your powder dry and remain watchful. If anything...

I have never heard of “hiring under false pretenses.” I seriously doubt Oklahoma recognizes such a civil cause of action. If you were an “at-will” employee, then your employer could legally discharge after a week and a half. It seems the left hand did not know what the right hand at this...

You will likely have to bring action against your employer in small claims court for your commissions. With respect to the partial payment check, you may want to confer with local counsel. Absent an “accord and satisfaction” statement in the memo section of the check, it would not appear...

Wow! How long have you been coaching, OP? Every coach of high school players will almost inevitably face a parent who does not agree with how the coach handles his or her son (or daughter). While such parents can undoubtedly be a pain in the behind, you do not have a legal basis for...

OP, your initial question was “Can I legally record a staff meeting between employees and employer in the state of Minnesota.” However, your last post implies that you want to know whether you have “a right” to unilaterally record staff meetings. The answer to that question is probably no. As...

Please answer cbg’s question. You undoubtedly have some insight into and.or opinions on how the company operates. Additionally, please tell us how many individuals work for your former employer.

You do not have an obligation to send a demand letter prior to launching a lawsuit. However, since a demand letter often prompts the recipient to pay the amount in dispute, it may behoove you to do so. Nor would you appear to violate the law (in New York or any other state) by sending a...

OP, you were having a conversation with whom? If (1) you were having a conversation with a coworker and (2) said conversation related to conditions at the job, then your employer could potentially violate Section 7 of the National Labor Relations Act if it takes adverse action against you for...

You signed an “independent contractor (sic) Forced Mandatory Arbitration Agreement”? Not trying to nit pic. However, could you supply the actual written description of the document you signed? Assuming you signed a standard mandatory arbitration agreement prepared by your employer, then the...

As stated above, you should apply for unemployment insurance benefits. If your former employer successfully challenges your application, you should then appeal the initial determination. Based on your posts, it would appear that you would be entitled to such benefits. Beyond unemployment...

OP, for the sake of discussion, if you contracted to perform the editing project for $20X and the other party has paid you $10X, then you could arguably present him an invoice for the remaining $10X, the amount you would have earned under the contract had he not breached. Change the...

Cbg, if OP was fired for “wasting” narcotics during the course of treating patients, then she would not appear to have any recourse. However, if her employer actually discharged her for using drugs, then she may have a potential right to challenge this false allegation, as discussed above...