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First off, the only way someone can state that they are working in a hostile work environment is if the employer creates the situation, not a fellow employee. Secondly, everything he is stating about you is hearsay as of right now and there is nothing legally that you can do about that either...

The first thing that said friend should do is file for unemployment benefits. Even though the friend was discharged for missing numerous days of work, the unemployment compensation authorities look at what the last factor was that led to the discharge. Even though this friend may have been an...

That all depends on who said that. Was it someone with the authority to hire and fire? If so, then you can claim that you had the finality of a firing to justify your unemployment compensation claim.

While there are certainly things wrong with what the company did in the eyes of the employee, they didn't do anything wrong in the eyes of the law. Especially in tough economic times like these, companies will lay off higher, more experienced workers and replace them with cheaper labor to cut...

mlane58 is right about the policy. You don't have to have a defined policy per se, but your verbal warnings about the smoking were more than adequate to assert what stance your company had on smoking and that he had obviously broken that rule.

I was looking at it at the standpoint that since specifics aren't known about what was said and whether or not that type of languange and/or behavior spilled over into the office setting, the employer has the right to at LEAST document the incident in order to avoid a hostile work environment...

yeah, that's true and I hadn't thought about it before putting the phrase in the context of my post(s). Thanks for catching me on it!

No, that is illegal here in PA. As an employer, you have a wide range of options within this Commonwealth on what you want to do in this situation. As long as you have some sort of understood policy regarding the smoking and this employee has been warned numerous times about it, you can take...

Well, I don't know all of the particulars of the case and what was written, but it COULD be possible for the employer to say that what was posted is making the office a hostile work environment for the person the posts were written about. However, I could be completely wrong about what the laws...

cbg and T tops are right in what they have previously posted. Unfortunately, it IS legal for them to suspend or fire you for these actions. This is a clear example of the employer stating that you have violated the reasonable conduct an employer can expect from its employees, even if it occurred...

Yeah, that is a big problem with salaried employees. As a salaried employee, you won't be eligible for overtime pay due to your salary status. As long as they need you to get the job done, it is legal for them to keep you there. Also, 15 minute breaks are not a guarantee under Federal laws, so...

While there may not be any recourse available to you to ge the employer to stop treating you the way that it is, you may have the ability to quit this position and collect unemployment, depending on the situation. First thing that comes to mind is that the possiblity of the job being a hostile...

Seems as if there isn't really anything you can do about the remarks on the internet since they were posted anonomously. That's the beauty of the internet, and whoever has posted these knows it. To bring about an injunction of some kind, you need a tangible figure, not a shadow on the internet...

Suing a supervisor for libel or defamation of character while he/she is acting as an agent for the employer is generally difficult. Depending on what he/she wrote on your evaluation, it may not be something worthwhile to pursue, especially if it was purely work related. However, if it consisted...

While Green Hornet is right about the ability to file a claim, you need to wait until the separation from your employment occurs. At least in my state, PA, you have to wait a week after the separation in order to file a claim for the benefit week (the week of the actual separation) in order to...

Duranie has a good point. Most places these days do not like to fire people if they don't have good cause due to knowing that they will lose in an unemployment battle. To fire someone in a situation like that, the employer must prove that some type of rule violation and/or willful misconduct was...

oh, absolutely. I understand that very well, and I'm pretty sure that they are trying to cut overhead costs by any means necessary, even if that means replacing workers with higher wages with those for fewer. I'm not really worried about the job since I am only there for a few months more anyway...

Quitting in a situation like this is kinda tricky. In order to do so and to collect unemployment benefits, you have the burden of proving that you had a necessitous and compelling reason to quit your employment. From what you have said, hearsay about you stealing a van and what you have...

I can understand that it is legal, just feels wrong to be under intimidation every day to do so after stating that I am unable to due to my full-time job and other responsiblities.

yeah, i didn't think that anything they were doing violated any type of employment law, but was unsure. Thanks for the reply.