My question involves labor and employment law for the state of: MO
Fortune 20 Company
Full Time/Full Benefits
Multiple confirmed violations of USSARA (military duty obligation law) on multiple, separate, occasions.
Violations of Disability Law: Individual was fired just days after informing the company that they might have a potentially terminal illness
Company did not pay individual their last paycheck, and then sent a letter to the former employee saying they were overpaid on their last paycheck they never received,
And if the balance was not paid in X days, it would go to collection. The balance is currently in collections impacting the individual's credit.
Company canceled the employees health insurance benefits a week after termination, though a full month of insurance had already been paid for due to the paycheck cycle.
Company denied unemployment benefits to individual, claiming that they voluntarily left the company.
Company refused to send legal documents when legal summons was served for an explanation of why the individual was terminated.
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The said individual and company in question are now going to mediation to negotiate, but given the major violations of this company, a number is becoming more and more difficult to come up with. If this was you, or if you've had experience with something similar to this, what is a dollar amount you would consider fair? Or would you just take it to trial? The former employee allegedly has documentation of all the claims above, and has been out of work for almost a year. I told them I would give a number by tomorrow to help, but I'm even having a hard time coming up with one. What do you think?
Fortune 20 Company
Full Time/Full Benefits
Multiple confirmed violations of USSARA (military duty obligation law) on multiple, separate, occasions.
Violations of Disability Law: Individual was fired just days after informing the company that they might have a potentially terminal illness
Company did not pay individual their last paycheck, and then sent a letter to the former employee saying they were overpaid on their last paycheck they never received,
And if the balance was not paid in X days, it would go to collection. The balance is currently in collections impacting the individual's credit.
Company canceled the employees health insurance benefits a week after termination, though a full month of insurance had already been paid for due to the paycheck cycle.
Company denied unemployment benefits to individual, claiming that they voluntarily left the company.
Company refused to send legal documents when legal summons was served for an explanation of why the individual was terminated.
------------
The said individual and company in question are now going to mediation to negotiate, but given the major violations of this company, a number is becoming more and more difficult to come up with. If this was you, or if you've had experience with something similar to this, what is a dollar amount you would consider fair? Or would you just take it to trial? The former employee allegedly has documentation of all the claims above, and has been out of work for almost a year. I told them I would give a number by tomorrow to help, but I'm even having a hard time coming up with one. What do you think?
Termination: How to Determine the Value of a Wrongful Termination Case
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