Can an employer contest a former employees unemployment claim and win if they were fired for false allegations?
An employer can deny the ex-employees unemployment claim anytime they want to. Of course, the employee can ask for a hearing in front of an unemployment commissioner and fight that decision. First of all the employer has to have a good reason to fire an employee. If the reason is non violent - then the employer has to of warned the employee at least twice on that exact behavior before he can fire them. As in arriving late, or taking too long a break. An employer cannot fire an employee for calling in sick either, he can demand a doctors note though. I have been denied unemployment benefits by my employers before and have always fought it and won. Except for one time when they had warned me several times about being late,(and in writing) and I was 2 hours late again. I lost that appeal. The two times I won the appeal, I was awarded all the back unemployment compensation as well and got back weeks of pay-The appeal board takes about 4 to 6 weeks to make a date to hear the case and in that time the benefits are held up, If you win the appeal all those checks are given to you at once.
Generally an employer does not have a duty to pay wages during a medical or maternity leave. Several federal and state employment laws protect your right to unpaid medical or maternity leave from your job (such as FMLA and its several state versions). Your state or local laws may require paid leave but this is far from the norm. A local employment attorney could give you a specific answer with knowledge of the applicable laws in your area.Your employer may have an obligation to pay for leave under a voluntary policy, an employment contract guaranteeing paid leave, or an employee benefit plan that pays some portion of leave. None of these are required circumstances but may apply to your situation. If your employer has a short term disability plan then it may apply to your situation and pay at least some of your wages during your leave.
Employers are least likely to help pay for at least a portion of which of the following employment benefits?
They pay all the workers comp cost. The others are optional for them,
An employee can be fired on the first day of employment, the last day before retirement, or at any time in between.Of course some of those situations (like firing the last day before retirement in an effort to deny retirement benefits) could be risky due to potential age discrimination and other claims.Often when an employer makes a decision to fire someone, they want to have established that the employee is not a good fit and have had an opportunity to build up a paper trail of documentation. Most employees who aren't a good fit aren't a good fit right away. This means that getting rid of them around the 6 month mark is probably one of the more likely times for it to happen. It's also an indication that there's some room for improvement in the interview process.Any employee who is fired before 6 months for "budget cut" reasons is an indication that the company is poorly run as its hiring and budgeting practices clearly aren't coordinated.
Opinions on Pre-employment drug testing?
I did a presentation about pre-employment drug testing and how it should be abolished at school, and I got a lot of scrutiny. I used the the following premises in my argument. 1.) Not everyone who uses drugs is a hazardous/costly/unproductive worker 2.) Not everyone who doesnt use drugs is a good/beneficial/ hard working worker. 3.) Therefore, drug use should not be a sole determinant. Then I stated cases in which failing a drug test in some companies can get you immediately rejected from potential employment. I then concluded with the idea of evaluating on performance(and in the case of pre-employment, past performance; i.e. past employers, GPA, etc.) to determine qualification for employment. A fellow peer commented on whether or not drug users are likely to be worse workers than non drug users. I made the rebuttal that that statement was a stereotype, and may have some truth to it, but it should not be used to conclude that all drug users make bad employees. Thoughts?
Can my previous employer tell prospective employers that I tested positive ona random drug test while working?
Okay, so I worked at my previous job for a year, (I was an office assistant), and then all of a sudden I was randomly drug tested, as well as tested for alcohol....so I tested positive....for both. I had a .08 alcohol level, tested positive for marijuana and amphetamines (yea I know, BAD). I went binge drinking the night before I had gone to work, so I was Extremely hungover, but definitely NOT drunk while at work!!! I was asked to temporarily leave work, and I was offered to keep my job, But only after I complete a rehab program.... So, I decided no to follow through w/ the program cuz I felt I wouldn't feel comfortable returning to work, especially knowing that they would think of me as a "pothead, alcoholic crackhead scullywag *****", okay, so I felt really ashamed of myself......(still do). I eventually decided to resign, didn't get fired. Sooo, I''ve now been unemployed since, 'bout 5months now, I've been on a massive job hunt, but I don't ever receive any calls!! crazy, cuz I've never had a problem finding a job. I am an extremely intelligent, hard working individual, who's well educated and have always excelled in work. But, unfortunately I ****** up this time. I think that my previous job is badmouthing me to prospective employers...is it legal in California for them to say what actually happened??? or would it be considered libel/ slander?? P.S. Can I omit this job from my resume, and add a "false" one, or would prospective employer's find out through my background check?? P.S.S. I am completely drug-free now!! I still drink every now and then, but my partying rockstar days are over. I def. learned my lesson...so please no lecture's!! We all make mistakes, I was going through a VERY difficult time in my life, and unfortunately used drugs as my outlet...pffft. I just want one more chance...I've been going crazy not being employed, can't even get unemployement because of the situation. I need to pay my bills!!! Serious answers only!
How do you tell a potential employer you might be able to start with less than 2 weeks notice?
Unless your husband is under contract or part of a union, and either of them require some kind of notice, he's not legally required to give notice. It's a professional courtesy. So yes, he should give notice. And if asked about his availability to start with a new employer, his answer should be: "As a professional, I'd like to give two weeks notice to my current employer. I'm sure you would want the same from your employees if they decided to leave. If you would like me to start earlier, I will let them know that if they don't need me, I'm happy to leave earlier." Regarding unemployment eligibility: If he quits - he is basically ineligible for benefits as he left the job of his own doing. If he gives notice and is let go immediately, he could argue that he was fired, and was willing to work through "X" date, but the company let him go once he gave two weeks notice. But, you should realize that (in most cases) there is a one week "cooling off" period before unemployment benefits kick in. So he would essentially receive benefits starting the second week he was unemployed. Regarding a severance package: Severance is not something that a company must legally offer, and is completely optional and can be loaded with conditions - including a deadline to accept it or it's off the table. If he was offered a severance package and turned it down, that offer is probably off the table now. He took the cut in pay/demotion in order to stay employed.
This is very difficult to answer as the law is changing,up until two years ago it was not compulsory for employer to offer employees a pension plan . Currently the employer must offer to pay 1% of basic pay into a pension plan the employee 0.8% and the Government give via a tax relief 0.2% making a total of 2%. This is due to increase in 2018 to 2%,2.4% and 0.6% bring it up to 5%. But employees can and do opt out in particular the low paid and they are encouraged to do so by some employers.But if you work in the public sector, Local Government,Civil Service, Police, NHS typically you would pay 7% of your salary your employer would set aside 14% and again the government offers tax relief .In good private sector companies it varies enormously my son worked for an insurance company who contributed 20% of salary my wife works for a supermarket she put in 5% and that is matched by her employer.This answer does not address the 1.5 million unemployed or the 4.8 million self employed (who are some the lowest earners and the least likely to have any pension provision)
Does my former employer have to fill out verification of employment so I can get a home loan?
About 7 days from closing on my house but now my loan progress is stuck because my loan professional can t get verification of employment from my previous employer. I have worked at my current job for a year but they need at least 2 years of history. My previous employer won t answer their calls or emails. I tried to get my old supervisor to fill out the form or send it to my old boss and he said he was being a "cock about it"....I m not sure if that means he refused or...? What are my options here for getting him to do it? Can he be legally compelled? My loan professional says that underwriting won t accept old pay stubs as proof either.
Can an employer force you to sign a non compete agreement after resigning in exchange for my last paycheck?
Not usually. If you did the work, they need to pay you for it. I suppose if you'd just started work and there was a verbal agreement you'd be signing this, but you "never got to it," they might have more of an excuse. But if it was so critical to them, they shouldn't have let you start without it. More background info about how long you even worked there might help. It sounds like you never even got around to signing basics about pay structure and at-will employment. If you never truly got to actually being an "employee," they might not need to pay you anything for your "immediate" resignation. It would also help to know why this non-compete clause even matters. Even if you don't sign it, if you go to work for a direct competitor they can still take legal action against you -- especially if you've at least been aware this non-compete thing existed. Anyway, they normally can't force you to sign that for your last paycheck. You presumably already did the work which was to be in exchange for this last paycheck. They don't get to add something else. But it sounds like there's more background info to the story that might help be sure what applies to your situation.