Need Legal Advice

Updated on November 08, 2010
A.G. asks from Brandon, MS
8 answers

I am currently employeed at a dental office and have been for over 2 years. I was hired to oversee the collections accounts. After my first week on the job I quickly discovered that this position was not enough to be a full time job, but having just left a full time job position I wasn't about to offer my services at part time. So I've stayed on and have expanded my duties myself. I have not gotten a raise since I've been here and when I've asked for 1 I've been told no. In the past 6 months or so we have gotten extremely slow and he hae cut everyones hours. That I understand, except the fact that he cut my hours the most 20 hours to be exact. He doesn't want to pay unemployment so he won't lay me off. Just last week he made all employees take a personality test that asked some pretty personal questions about how we feel about other staff members and the doctors in the office. The answers were to be sealed in an envelope and sent to a consulting firm the Dr hired. So I answered the questions with honesty. Well later that night I get a text from the office manager saying that the dr wants her to come in the next day look over all the personality test which were suppose to be private. Now, the office manager will not even look at me and everyone keeps giving me the cold shoulder as if everyone got to see what i wrote. My question is, is there any legal action i can take for him lying and is there anyway to make him pay me unemployment because I can not work under these conditions. Please let me know any advice

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S.W.

answers from Minneapolis on

It is possible in some limited circumstances but extremely unlikely to receive unemployment when you leave a job voluntarily. Legal action will cost you money and is very unlikely to gain you anything - we can S. for any reason but only win if we can prove specific discrimination (based on age, gender, race, etc.).

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C.H.

answers from Dallas on

Even if someone were a lawyer, they might have to be an employment lawyer to answer that question.

Frankly, that ship is sinking. You're not going to get a raise or back to full time when they need to cut back expenses. He's probably smart enough to know that collections is one thing he can live without when he's making so little now. There is obviously a serious office/staff issue going on that he felt he had to pay for. Only you know what you said in the test so if you slammed him or several women, they might want to rid themselves of everyone's unhappiness. I'd start looking for a full time job in earnest with better pay. Know your job type and what salary it usually pays. Consider that next time you are presented with a confidential test like that, realize that it could come back and bite you. I've worked for huge companies before and their lawyers usually find ways to do what they normally couldn't do if they can find a loophole. Good luck.

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C.A.

answers from Atlanta on

Are you sure you just aren't over reading things? Sometimes when we "think" someone else knows something about us we end up making it worse for ourselves and come to find out it wasn't that at all.
Are you sure the office manager was talking about going through everyone's responses or going through the "results" that they hired an outside source to do? I think I would ask to see an invoice from outside source because if they can't provide one to you then they set you all up. What was the purpose of these tests? Could you have refused to do it? IDK-I'm not in the legal field but if you really honestly feel like this is the reason you are being treated this way and furthermore let go because of it when it was supposed to be "confidential" you might very well have a case here -I would contact a lawyer asap but just try and make sure you aren't over reacting due to a guilty concience of some sort. I wouldn't feel guilty about telling it like it is-sometimes the truth hurts.

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L.B.

answers from Saginaw on

Call a lawyer and ask...most give free consultations.

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K.P.

answers from New York on

Unemployment isn't for people who "can't work under these conditions". If you need full-time employment, then start looking for something more consistent!

Regarding the personality test... you would need to speak with an attorney. If you feel that you were somehow mislead or "tricked" into getting yourself fired, there may be something there.

S.G.

answers from Oklahoma City on

just start looking for another job, unless you signed and your employer signed a confidentality notice before answering these questions, no i am sorry i don't think there's anything you can do.

a rule of thumb i always live by in the work place, regardless what they say, what you tell them CAN and probably WILL come back to haunt you. even when on paper, be careful what you say and always try to find something positive to say, even if it's "i like how she fix's her hair, what she wears" and say nothing about working habits, if you can't find anything to say nicely, etc

employer's will do what they can to save them money including lying if they can, there's ALWAYS a loop hole, and they hire people with legal experience for a reason

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M.R.

answers from Chicago on

#1. In this economy, EVERYONE is cutting back hours. Chances are your employer is feeling the same pinch and doing what can be done to keep the business afloat. Also, although it sucks many people out there have not gotten raises for a while again due to the slumping economy.

#2. You don't get unemployment because you "can not work under these conditions". If that were the case, everyone would quit their job before they got laid off in order to get unemployment!

#3. Your best advise would be to consult with an employment lawyer who can help you navigate through this condition...OR you can try to find another job where you feel more comfortable and valued.

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K.E.

answers from Buffalo on

That sucks, really it does. The only advise I can give you is find another job.

My story: I worked for a temp agency and was called for a short notice job, so I went. 3 Months later they hired me off the agency. When I started there, there was no one to train me, and no one else in customer service. over the course of 2 years I trained many new hires, who bacame my supervisors and managers, after 2 people bypassed my I went to my boss and asked what was going on and would like the chance to prove myself, I heard they (all the big wigs) all went into an office and started laughing at the idea, so when 3 months later someone else I trained bypassed me I quite on the spot. My boss started spewing about the 2 week notice thing and I said look a 2 week notice is a respect thing and you have not respected me so why should I.

It sucks, and unfortunetly they know the laws and play them exactly good luck and talk to a lawyer but I doubt there is anything legally you can prove and do about it.

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