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the only recourse i can think of would be to check with corporate policy on it. i don't know of any legal action on it, but i am not an attorney. maybe one of the attorney's on this site will chime in with a better answer.

great question....in this instance, the employer could 'claim' they eliminated his 'job' due to 'eliminating' the position and think they can get away with it by replacing him with a new employee with a new 'title' if they are just changing titles, i would ask why they don't just change your...

http://www.losangelesemploymentlawyerblog.com/2008/04/depression_and_the_workplace_l.html i am currently in legal case against my employer regarding my disability. my disability is 'depression' and 'post traumatic stress disorder'. my employer's failure to accomodate my disability, and in...

depending on the state, in ca, if the person being 'pushed' out is of a protected class, then it is advised to file with the ca department of fair employment and housing. ca state law is the toughest on employers of any state, and they would certainly investigate the possbility of the 'pushed'...

they can't hold payment long without risking a 'bad faith' insurance claim

i think that we may be inadvertantly leaving the 'international' folks off the board. they do have the option to list a post as 'international' which would lead one to believe that they may be able to find further information on this site that may be relative to their country of origin. i am...

i would advise seeking the advice of an employment law attorney in your area

do you belong to a protected class age - over 40 -, race, disabled, sex, etc. do you know who you are being replaced by, are they in a protected class

lol, the insecure male co-worker, no laws unless they specifically said you are an over emotional female, then you could them on creating a hostile work envionment you can talk to your doc about the effects the work envionment is having on your health. if your employer has a problem with...

if it was a standard lay off and there were others that were part of the lay off, then yes, they can do that

this is a usa site, and uk definition may be different http://www.direct.gov.uk/en/Employment/Employees/index.htm

it might be a company policy issue, if the policy for your employer is to post so all can apply, and that is a written policy, then i would ask why hr, of all folks, doesn't follow company policy

http://www.calaborfed.org/PDFS/Resources/WARN_Comparison.pdf http://www.dfeh.ca.gov/DFEH/CivilRightsYear/Articles/Labor-and-Employment-Law-Review_Vol-23_No-4_july-2009.pdf this is all i could find for ca, does your layoff letter state you would have return to work rights

:no: you apparently don't understand disability law either, where do you people come from....do you keep current on your training on this stuff....adaaa and eeoc states that an employer must hold a job open for an employee out on disability. thank god the feds are finally integrating fmla and...

'yeah, somebody will help you, not patricia, but that all encompasing 'somebody'... i didn't check mandy, were you able to start a new thread on this, if not, i will respond here to you, i am not anal...:nuts

ok, i'll call them out here....cbg and jacksgirl, you 'are' my former employer, epitomized...like them, you are setting yourself up for failure and huge diasbility lawsuits because of your ignorance and failure to comply with federal adaaa, and in the state of ca, state public policy in regards...

you might want to check your employer's handbook to see if they have a policy. i am not finding anything to fla or us dol that regulates the number of consecutive hours or days worked a thought that comes to mind, that if your health is being affected by the excessive work hours, talk to your...

i'll be honest, i have no idea...the best i can offer is the link i am including http://www.workplacefairness.org/agencies_OH

some people will help you...i will...you have a disability under the california fair employment and housing act, in california. it is your employer's responsibility to accomodate your disability and to recognize it as such. contact the ca dfeh http://www.laboremploymentlawblog.com/...

:o i'm scared really scared be afraid very afraid i am unemployed why hr is confused very confused with all of the changes in these laws, who is training these folks i think if i were to do a root cause analysis i believe my unemployment stems from very, very...