George Allen
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Answers Posted By George Allen
Answer to Hostile Work Environment
Hostile Work EnvironmentThe HWE you describe may or may not be a violation of the law, depending upon the motivation of the person harassing you. If based on protected status (race, gender religion, sexual orientation, national origin, etc., NOT AN EXCLUSIVE LIST!), it is a legal issue. Otherwise, it is not. If you have not already done so, put your complaint in writing, to the HR department.
posted Apr 19, 2005 6:16 PM [EST]
Answer to Severance Pay
Reason for term.1) The fact that your position is posted suggests that there is an unstated reason for your termination. If that unstated reason is something illegal (e.g., discrimination), the termination is illegal.
2) Severance pay is an obligation imposed by a company upon itself. Your sole entitlement to severance is company policy or practice.
posted Mar 6, 2005 12:35 PM [EST]
Answer to At-Will? Wrongful Termination?
Not a WTSorry to say, from the facts you described it is extremely unlikely that you would have any recourse for the termination of your employment. I am assuming that your mgr. cited your absence as the reason for the termination. I cannot speak to the issues about receiving your pay.
posted Feb 17, 2005 1:00 PM [EST]
Answer to Telling perspective employers that I threatened to kill my supervisor
DefamationAssuming that you did not threaten to kill your former supe (you don't say), it is likely defamation for your former employer to say that you did so. You should consult an attorney in your area who is familiar with defamation law in the employment context.
posted Jan 19, 2005 5:27 PM [EST]
Answer to severance pay advise
NoAn employer has no obligation to pay severance pay other than as self-imposed, via policies, employment agreements, etc. Therefore, if you never offered any severance pay to your employees, you have no obligation to pay severance to the departing employees.
posted Dec 29, 2004 3:10 PM [EST]
Answer to fired while on workers comp.
Sounds SuspiciousIt is not illegal for your employer to terminate you for otherwise legitimate reasons while you are on WC leave. Stated another way, the fact that you are out on the leave does not protect you from termination for legitimate reasons, such as a true elimination of your position. It is illegal for your employer to terminate you because you took WC leave. If it is correct that your position was not truly eliminated, this sounds suspiciouly like a wrongful termination in violation of Labor Code 132(a).
posted Dec 29, 2004 11:48 AM [EST]
Answer to CA Unemployment & Spouse Relocation
Probably eligibleHe is probably eligible for UI benefits if he is unable to get his current employer to agree to the telecommuting. You should look at the website of the California Employment Development Department for a specific answer.
posted Dec 16, 2004 6:50 PM [EST]
Answer to Non Compete in CA
Probably Not EnforceableThe clause you refer to is probably not enforceable under CA law, but a more specific answer will depend on the particular facts of your situation.
posted Dec 1, 2004 10:50 AM [EST]
Answer to Wrongful termination
FMLAYour question raises serious legal issues, including your right to take time off work for medical reasons. There are many technical issues in determining protection under FMLA (and other laws). I suggest that you consult an experienced employment attorney in your area. You may want to check the member listing at www.celaweb.org or visit www.nela.org to locate an attorney.
posted Oct 8, 2004 4:30 PM [EST]