Arthur Schofield
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Answers Posted By Arthur Schofield
Answer to My supervisor degrades and yells at me and threatens to fire me.
Unless his treatment of you is based on illegal discriminatory reasons -- generally race, color, national origin, gender, familial status, disability or age -- your complaint will not be protected and, as such, nothing could be done if you were terminated following the complaint. You could approach your human resources office to discuss your options, such as perhaps a transfer, but from what you have described, there is little protection under the law.posted Mar 19, 2013 07:07 AM [EST]
Answer to Am I being discriminated against? Internal job offer
Unfortunately, with this brief description and without knowing more, I cannot answer your question. Our state and federal laws do prohibit discrimination based on certain protected chararacteristics: race, color, sex/gender, national origin, disabilities, age and religion. There are also certain anti-retaliation rights that may apply. If you'd like, contact my office and we can conduct an intake.posted Mar 5, 2013 06:36 AM [EST]
Answer to umemployment benefits
If Vonunteer Call Out means that they are putting you in leave, subjet to calling you back, and don't call you back, that is a lay off and you should be entilted to benefits. Hope this helps.posted Feb 11, 2013 7:45 PM [EST]
Answer to employee didn't call or show up for work for 2 days
I can be considered job abandonment, however, if there is a medical reason for the absence and the employee is otherwise eligible for leave under the Family and Medical Leave Act, you may be required to provide him/her with up to 12 weeks of leave.posted Jan 21, 2013 06:45 AM [EST]
Answer to If I give notice and it is accepted, can I be let go before the agreed date?
Unfortunately, without a contract you cannot force them to keep you or pay you for the two weeks. Often employer will pay in lieu of the notice, but that is up to the employer.posted Dec 19, 2012 1:17 PM [EST]
Answer to I am cleared to drive, Am I able to get my job back with USPS?
You can always reapply and see what happens. Unfortunately, it sounds like your absence exceeded 12 weeks which you may have been entitled to under the FMLA. That leave would have secured your return, but it only lasts for the 12 weeks.posted Dec 3, 2012 1:25 PM [EST]
Answer to Breach of Severance Agreement
In order for this question to be answered, the contract itself will have to be reviewed. You can contact my office and we'd be happy to look it over for you.posted Nov 29, 2012 10:25 AM [EST]
Answer to As A high paid employee am I entitled to severance pay if I was terminated?
Unfortunately, your level of pay or position within the company does not control entitlement to severance. Severance is owed generally when there is a contractual obligation to pay it. It can also be paid when a company seeks a release or waiver of rights. Hope this helps.posted Sep 28, 2012 07:02 AM [EST]
Answer to I'm going out on FMLA for possibly 2 reasons...can I do that?
Qualifying for FMLA is a process. You will first have to apply, obtain a certification from your physician and the employer can accept or challenge that certification. If they accept it, you are granted leave. If they challenge it, you will be sent to another physician of their chosing. I have seldom seen an employer challenge, but it can happen. Best of luck.posted Sep 6, 2012 10:04 AM [EST]
Answer to Am I eligible?
Likely that you will be eligible for unemployment, but I would need more facts to give you a more definite answer. Apply. If there is a denial or challenge, we can assist you in getting those benefits. As for disability, I am not sure what you are referring to. If you were injured to the point of not being able to work again, you may be entitled to SSDI benefits, but your injuries would have to be explained in more detail.posted Sep 5, 2012 08:57 AM [EST]