hi,i would like to ask if our employee she take maternity leave start 14 sept 09 till 13 sept 09 (we calculate as 60days) but she post her resign letter & we received the letter by 12 or 13th sept 09.Before this, in 2006 she had signed our appointment letter that if want to resign, she suppose to give us 1 month notice else 1 month salary will as compensate…so did i can issue lawyer letter for her??
Posted on : 25-10-2009 | By : Legal Information | In : Employee Rights
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I am looking for any help I can get. I am currently on maternity leave and have just been notified by letter that my employer does not have a position for me to return to. I work full-time as an RN for an assisted living/adult foster care home in Minnesota (I am the only nurse employed by this company that has between 20-30 employees). I had my baby Sept 2nd and officially went on a 12 week, unpaid maternity leave on Sept 1st. When I accepted this position in December of 2008, maternity leave was discussed and agreed upon by myself and the owner as I was newly married and told her I wanted to have a family.
Three months prior to my maternity leave I began training in an RN (with over 20 years experience) to cover my position. I was confident this RN was totally competent to do the work. The letter I received from my employer states she had to let this RN go as she was not “competent enough” to do the work. As a result she had to hire a new RN that is “unwilling to take the job for only three months or for part-time.” This new RN was therefore hired full-time, longterm. My employer goes on to say she is “sad to say the company cannot afford to have two full-time RN’s,” and “that means that the company no longer has a nursing position for me to return to.” My employer even has the nerve to say she has “nothing but positive recommendations for your work,” and she closes the letter “gratefully and respectively” before signing her name.
Is this legal? I know about the FMLA Act but this only applies to companies with 50 or more employees. What can I do? Collect unemployment? Contact a lawyer? My husband (a carpenter) is about to be laid off as well.
Now we have a new baby and 2 unemployed parents right before the holidays! Feeling a little overwhelmed!
Posted on : 22-10-2009 | By : Legal Information | In : Business Law
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I have part time employee of a non-profit senior citizen center who also is a member. She tends to talk to other members and shares things about the business that are not open items. Example: she is the bookkeeper and share about the finances. Yes this is open to members to come to the office and look at so they can ask questions of the director but instead she tells them and they just start roomers. Can this employee be asked to keep her work separate from membership and keep things in confidence?
Posted on : 17-10-2009 | By : Legal Information | In : Employee Rights
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i have received a written warning from my boss but have never had any verbal warnings is this right should i let it ride or should i challenge it
I am suing pro se a law firm I worked for for discrimination and defamation. I received an Opinion and Order from a Judge the other day regarding my defamation claim (it was initially dismissed because it was time barred by five days but I subsequently in the discovery process found that a report was written and is in my personnel file). The original defamation claim was unbelievable because when I was called down to be terminated the Human Resources Manager put on a display when I reached into my pocket to adjust a pack of cigarettes as though I was going to pull a gun. The secretarial manager sbusequently wrote a report that is in my file about the incident saying that they though I was going to pull a gun and misstating something I had said which was “you are going to be sorry, you are losing a good employee and I loved my job.” They said I was only “you are going to be sorry.” The Judge ruled against my reinstating my defamation claim because this report was not time-barred stating that it was not published to a third party and there was no evidence of malice. I am going to file a Motion to Re-Consider and would appreciate any input I can get as to what I should say because my feeling is that this was malicious because it had no basis in fact and was only because of some problem of theirs. I can assure you the whole situation had no basis by my behavior or anything I did or said. It was totally shocking to me and thatis why I filed a defamation claim.