If I win a bid at my job for a full time position as Quality Control can my company get rid of the position?
:I was part a part time employee and signed up to win a full time Quality Control Position. I won the bid. My supervisor changed my position to full time trainee. I continued to do my same job duties except I was full time. After a few months I asked when would I be moving into my new position. I was informed there wasn’t enough funding to place me in the position and that I could not be moved up until a replacement was found. It has been 6 months now and I am still not Quality Control. After speaking with my supervisors and HR he informed me that they had forgotten that they opened a bid for the position and now only have a part time Quality Control position available. Supposedly now the only positions available is the full time trainee position or the part time Quality Control Position.
Jordan’s answer:You use the terminology “bidding”, which usually applies in unionized workplaces. If you were coveted by a union contract, you can file a grievance if the union contract was violated. If there was no contract, you have no recourse. You can contact IBEW local Union 1430 to find out more about joining a union to have more voice at work. Http://www.ibew1430.com. (914) 948-3771.
Can a lawyer do anything for me?:
A few months ago I interviewed with a retail store while I was still employed by another retail store. They offered me an asst. manager position for a new location they were opening that had a 1 year lease and after that time was up it is possible they would close the store if it wasn’t doing well but they are also opening a new location downtown that I could be moved to. I ended up taking the asst. manager job and left my previous job, and i’ve been with them for 4 months and now am being told they will close this month and I will be out of a job. I feel like I was duped and this was really a temporary job not a full-time position but they wanted a higher quality employee for this popup shop. Two other employees went through the same chain of events.
Jordan’s answer: As the other posts state, without an employment agreement you have no recourse.
Can my employer force me to take a short-term disability leave after I informed them of my disability?
: I’ve had a chronic medical problem which qualifies for “disability” as defined by the American Disabilities Act (ADA), and I’ve informed my manager and HR of this disability.
Under the FMLA standard, an employee who has completed more than 1,250 hours of employment needs to also work for the employer for at least 12 months prior to become eligible for FMLA. Does the 12 months rule kick in from the date I apply for the leave, or from the date when my medical leave begins?
For example, assume if I complete 12 months of employment on January 1st, can I apply for FMLA on December 20 for a medical leave that begins on January 1st when I satisfy the 12 months rule? Can my employer force me to take medical leave BEFORE my requested date of the leave?
Jordan’s answer:Your post has a number of questions embedded in it. To answer the primary question, no, your employer cannot force you to take short term disability IF you can perform the essential functions of the job with or without a reasonable accommodation and you are also qualified to perform the essential functions of the position.
So before exploring FMLA, you should explore requesting a reasonable accommodation. If your employer refuses and all of the elements are met, then your employer is generally discriminating against you.
This assumes you work for an employer that is covered by either the Americans with disabilities act or state discrimination statute; facts that were not provided.
Employment law is complex and selecting a lawyer to handle your legal issues is a major decision. The only way to know if a lawyer is the right fit for you is by taking the time to see how they interact with you.In 15- minutes we can answer almost any legal question, and we do this at no charge because we want you to be confident in our ability to represent you. At the end of the consultation, you will:
Know if you have a case against your employer.
Know what your case is worth.
Secure a plan to build a solid case against your employer.
Secure a copy of our downloadable employment law guide.
We are a google 5-star review firm. Check us out, our clients are RAVING FANS! You will be too!
James (name changed to protect privacy) was a construction worker who was not paid for the time he spent traveling from his company headquarters to the job site each day and for the ride back. The company did not consider the travel time as work time, even though James was required to report to the headquarters each morning and afternoon. We secured Jame’s stolen wages, and the presiding judge said that this settlement “was one of the largest individual unpaid wage recoveries he had ever seen.”
Lesson: Your employer could owe you a life changing amount of money.
I want to thank Jordan for representing me when other attorneys I asked to represent me against a big corporation all turned me down. But Jordan, from the beginning took time out of his schedule to meet with me unannounced and her my concerns briefly. He followed up and took on my case. Throughout the process, Jordan showed compassion for people being taken advantage of by unfair businesses. Finally, in short, when my case was presented to the judge, the company wanted to settle out of court for an undisclosed amount. I was very satisfied with the outcome. Thanks Jordan.
I was represented by Mr. Jordan of the El-Hag & Associates firm. I’m extremely pleased with the service & commitment that Mr. Jordan and his firm provided me. They didn’t stop fighting for me until I was completely satisfied with the outcome of my case… I would recommend this firm 100%.
Reasons to let El Hag & Associates fight for you
No upfront fees or retainers – we get paid only if YOU get paid
over a 90% success rate – almost no client has ever walked away empty handed
8 in 10 clients recover tens of thousands, and 2 in 10 can recover life changing amounts
Typically takes 4 – 9 months from start to money-in-your-pocket
Protection from revenge – your boss can’t fire you, change your hours or mess with your work environment
You can recover from any company you worked for in the past years, you do not have to be working at the company in order to sue.
I’ll do all the hard work. You just need to give me the details. You (usually) won’t even have to show up