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  1. Green_Hornet

    Who owns the personal documents save in the employer's laptop after I am dismissed?

    H.R lying is not unusual. My guess is the employer owns the computer and can there fore review any information prior to release. The reason the employer wants to ensure that confidential company files are not released, or that you did not access information you were not entitled to, or since no...
  2. Green_Hornet

    confused employer's - disability/fmla

    theretoo your P.M feature is disabeled please P.M me.
  3. Green_Hornet

    State Jurisdiction Being Developed

    Thanks L.P looking forward to the new changes. Been busy, busy, busy myself hope to post more this week.
  4. Green_Hornet

    Laid Off due to Illness

    OK I see what theretoo is saying. The employer could be liable under both the FMLA,as well as the ADA. Here is how if the employer failed to grant FMLA leave to the eligible employee who also has a qualifying disability under the ADA. The employee could sue under both laws. This is how...
  5. Green_Hornet

    Filing FMLA AFTER Wrongful Termination

    Possible case of retaliation let the EEOC run their investigation, contact an attorney.
  6. Green_Hornet

    Terminated, unemployment told I quit!

    File for the unemployment appeal and reapply for the job.
  7. Green_Hornet

    Fired after ADA request?

    Talk to an attorney in your state. Some states have more favorable statutes regarding disability than the A.D.A.
  8. Green_Hornet

    Vacation Pay

    I seriously doubt that, at least not in terms of earned benefits and wages. In some states handbooks and such do not rise to the level of a contract in so far as termination which can be trumped by the "at-will" presumption, but not on earned wages and benefits. Otherwise an employer could...
  9. Green_Hornet

    can i do this??

    Unless they kick you off the property I don't see why you can not go and get your tools.
  10. Green_Hornet

    Vacation Pay

    Yes of course management has to approve vacation that is not in question. If management denied vacation,that does not change the fact the vacation is still due as agreed upon, if the employee is laid off the vacation is still due as the poster is asking the employer has to pay up, unless the...
  11. Green_Hornet

    Vacation Pay

    OK so you are telling me that an employer can tell an employee that he is entitled to x amount of vacation a year. The employee works that whole year,the employer lays the employee off and does not have to pay the vacation as agreed upon after the employee has performed? That is not how it...
  12. Green_Hornet

    Vacation Pay

    No every employment agreement that is agreed upon is enforceable in a court of equity. An offer and acceptance makes an agreement with consideration. If not written, the agreement is oral. Oral contract is legal and may be enforced by action at law. If it is memorialized in a company...
  13. Green_Hornet

    Vacation Pay

    Oh it is true whether it is in state wage & hour laws or not. If it is not in the state wage and hour laws it falls under a common law theory of recovery. The court would look at the terms of the vacation agreement and rule under the terms agreed upon. It’s no different than wages in that...
  14. Green_Hornet

    Vacation Pay

    In any state you should recover the earned vaction. Sounds like you have a small claims action. Keep the pay stubs any agreement you have with your employer,and file a small claims action for unpaid vacation.
  15. Green_Hornet

    Denied Unemployment/Wrongful Termination

    Talk to a employment attorney, Arizona unlike most right to work states have some pretty good employment laws. A.R.S Tittle 23 embodies the bulk of them. A.R.S 23-1501 offers a retaliatory discharges statute. A.R.S 23-1502 offers a Constructive discharge statute.
  16. Green_Hornet

    Retaliation After Filing FMLA

    FMLA is a remedial statute so if FMLA rights have been denied or an employee has been retaliated against, an attorney can file suit in federal court so judges and juries can hold employers accountable so agency action is not required as it would be an ADA or age discrimination suit. The remedies...
  17. Green_Hornet

    Hidden Cameras in Work Place

    First off congratulations for acting in concert anytime you and your co-workers act in concert that is protected activity and you can not be fired for it, you also have a right to strike, but if this is a hospital you have to give 14 notice to management prior. After the discussion with...
  18. Green_Hornet

    Is this Discrimination and/or Harrassment?

    Sounds like you should have quit a long time ago. This sounds like a new business that was formed that did not go according to the template. That happens with new business the owner has an idea, but things just don't work out according to the idea, and adjustments have to be made.
  19. Green_Hornet

    Chances of Winning Unemployment Appeal

    Hostile work environment for unemployment purposes and hostile work environment to file a Title VII action are very different. For the purposes of unemployment, the environment must be so outrages that a reasonable person would not be expected to tolerate it. Pretty much what the poster...
  20. Green_Hornet

    Workplace Harrasment problem

    You and your co-workers have a right to strike and form or join a union. If this manager is that overbearing I suggest talking to your co-workers about exercising that right.
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