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What is the law for employment-termination disclosure? answers (243976)

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Q: 

employment termination

A:  From an employee to employer perspective you have no recourse.  You can sue for defamation of character but that would be civil case unrelated to employment law. To protect yourself, I suggest you hire a company to perform a ?reference check for employment?  Have them contact the old company and find out what types of comments they are making/made to potential employers.  If they are saying things that could prohibit you from gaining employment, you would also have some legal recourse. Lastly, apply for unemployment insurance with your state.  The company will have to prove malice for your claim to be denied and that will also protect you in your job search....

Q: 

employment terminated while on FMLA

A:  Hello Tim, Only a judge has the authority to determine if something is legal or not.  If you think you were illegaly terminated you should do one or more of the following: visit: www.dol.gov/esa/whd, speak with an EXPERIENCED attorney and check to see if the state in which you live has any laws that can help you.  To do that you should begin research at: www.firstgov.gov and speak with an attorney....

Q: 

Employment Termination

A:  It could be discrimination if the person who sent it to her is male or of a different race.  Then it would seem that she is being treated differently.  She should go the Equal Opportunity Commission"s website to get more information and find out how to file a claim, www.eeoc.gov/....

Q: 

Employment Termination

A:  Cory: To my knowledge, there is no federal law saying an employer must notice an employee of termination.   There may be a state law.  You can go to your states website and look under employment.  If unstated, then it is not addressed by state statute, so that would indicate it is not necessary to notify the employee. Tom Ballas...

Q: 

Battling Cancer and Employment Termination during treatment?

A:  He''s already exhausted FMLA and STD, which exist exactly for this reason: so that a company doesn''t dismiss someone due to an illness. Consider LTD, if available. In any case, he should NOT resign. He should also document any discussions that he has and keep any letters he receives from his employer. The only reason he should resign is if he cannot handle the stress of being employed by this company. This is a sad case, but keep in mind that the company needs him to work. If he cannot do that, then it''s best for them (maybe even vital!) to replace him. Suggestion: he might be able to negotiate something. For example, they may be willing to extend his insurance for some period of time, like a year, if he resigns. Make sure to have a lawyer review any agreements....

Q: 

Can an employer terminate employment for having a medical marijuana card?

A:  you are employed ''at-will'' unless you have a contract that states otherwise, which means you can quit or be fired at any time for any reason (except discrimination, retaliation or taking part in a protected activity) or no reason at all. medical use of marijuana may be protected under California law BUT it is still illegal under federal law. if this employer has a drug policy and you fail to meet the policy you may very well be fired. with this being a federal funded facility the law in California allowing medical use would most likely be irrelevant in regards to labor issues. Yes, you can! A case like this went all the way to the Supreme Court a year or two ago. Guy was fired for failing a drug test, but he had a...

Q: 

Can employers terminate an employee who behaves like an idiot? if so, would this be considered wrongful?

A:  in the US: there is no such thing as ''wrongful termination'' unless a contract is breached or the reason for the termination was based on discrimination, retaliation or the employee taking part in a protected activity...... firing an employee who acts like an ''idiot'' is perfectly legal................ A big part of doing your job successfully is getting along with your co-workers and fostering a pleasant work environment. Wrongful termination only applies if you are discriminating against someone who falls into a protected class. It doesn''t sound like that is the case here. It is important to keep a written record of events and actions that led to the termination; so if you haven''t done this yet get started. It''s fine to go back in time and document past instances. Just keep a log in...

Q: 

Employment / termination

A:  It is illegal for them to force you to take an inside sales job so they can hire someone younger for your job. If you refuse and they fire you for this than file suit against them with the EEOC on Age Discrimination. The law says you cannot be discriminated against because of your age and this is definately discrimination. Tell them that you do not wish to leave your job for an inside sales job and that you feel you are being discriminated against because of your age. If they do fire you contact the EEOC division of the Department of Labor and file for unemployment. You will be able to draw it as you have been discriminated against and it is not your fault that your job has been taken from you. Shirley  ...

Q: 

Employment Termination

A:  I would call the Iowa Board of Nursing (Tel: 515/281-3255) and ask if there is a state statute that protects ultrasound technicians from adverse employment action in a case such as this.  Here in FL, nurses are protected against participating in such procedures if they have a moral dilemma provided they formally notice the hospital in time for them to make other arrangements. Given your timeline is close, I think this is the quickest answer.  This group should know, or quickly be able to refer you to the appropriate agency for the answer. Hope this helps. Tom Ballas...

Q: 

Can my employer terminate my zero hours contract?

A:  What does your contract say about termination and compensation? Have you read the contract? No one here knows what your contract says. You may want to ask/demand compensation if the contract has a non-compete clause for a certain period after termination. Otherwise, there is no reason why you would be entitled to compensation. Uhm NO! You haven''t been working, who said you''d get paid? Man where do YOU live? Here in the states, that won''t fly! You get severance pay if you are currently working and laid off, but that is it! You can MAYBE get unemployment. Yes, they can let you go, sorry!...