Contracts

Contracts play a central role in employment law. The most basic employment arrangement, at-will employment, is purely contractual in nature. Floyd v. DuBois Soap Co. (1942), 139 Ohio St. 520, 530-531, 23 O.O. 20, 41 N.E.2d 393. The employee agrees to perform work under the direction and control of the employer, and the employer agrees to pay the employee at an agreed rate. When the employment relationship ends, the employee will provides no further services for the employer and is generally entitled only to wages and benefits already earned.

Contract law also lays the foundation for non-competition cases and arbitration agreements. Employees can attack non-compete and arbiration agreements on contract formation grounds and with contract defenses.  Courts normally will not police an agreement for fairness. However, most courts have the discretion not enforce certain non-competition and arbitration terms. In those events, the courts modify or sever the offending term before enforcing the agreement.

On top of contract rights, the employment relationship is subject to statutory and common law rules that set minimum compensation and maximum hours and prevent employers from terminating employees for unlawful reasons.

Elements of a Breach of Contract Claim

To prove a breach of contract claim, an employee must prove:

1. the existence of a contract, 
2. performance by the employee, 
3. breach by the employer, and 
4. damage or loss to the employee. 

Firelands Regional Med. Ctr. v. Jeavons, 6th Dist. No. No. E-07-068, 2008 Ohio 5031, P 19. 

To assert a claim that a contract existed, party claiming the breach must allege facts showing:

1. an offer,
2. an acceptance, 
3. a meeting of the minds and 
4. consideration. 

Siemaszko v. FirstEnergy Operating Co. (FENOC), 187 Ohio App. 3d 437, 444 (Ohio Ct. App., Ottawa County 2010) (employee's promise to cooperate in a joint defense against claims brought against both the employer and the employee provided enough consideration to enforce the employer's promise to pay the employee's legal fees (citing Kostelnik v. Helper, 96 Ohio St.3d 1, reconsideration denied (2002), 96 Ohio St. 3d 1489).

Common Contract Terms

• Compensation. The amount that the employer will pay the employee for services is the most basic employment contract term. The parties are free to agree on any compensation agreement, so long as the employer pays the applicable minimum wage and overtime, does not discriminate based on gender, race and other protected class status and pays males and females equally for equal work.
• Duration. Unless the parties agree to a specific duration, the agreement is at-will, meaning either party can terminate it at any time.
• Non-disclosure. Non-disclosure agreements mimic the Uniform Trade Secrets Act's protection of employer proprietary information. However, an employer might demand even greater protections. 
• Non-competition. Courts will enforce reasonable restrictions on an employee's post employment competition, but will not enforce non-competition terms that place greater restrictions on an employee than is necessary to protect the employer's legitimate business interest. 
• Mandatory Arbtiration. The Agreement must be in writing, however, and is subject to judicial restrictions on enforcement.
• Severance.
• Grounds for Termination. If the agreement is silent, the employer may terminate the employee for no reason and without just cause. However, the employer cannot terminate the employee for reasons prohibited by law, such as discrimination or retaliation.

Consideration

Consideration is the bargained-for legal benefit or detriment.  Without it, parties do not form a contract.  This is important in non-competition cases involving at-will employees, where the employee can escape a non-competition agreement if the employer did not provide any consideration for it.  State courts are divided as to whether an additional day of at-will employment provides sufficient consideration for a non-competition agreement.

One Michigan court observed that, because an employer gave an at-will employee nothing new for a non-compete signed three weeks after her at-will employment began, the "purported consideration for (the employee's non-compete agreement) appears to run afoul of the pre-existing duty rule." Krause & C. v. Schmidt, 2006 Mich. App. App. LEXIS 2052 (Mich. Ct. App. June 27, 2006 (citing Yerkovich v. AAA, 461 Mich. 732, 740-741 (Mich. 2000).  Another Michigan court, however, reached the opposite conclusion. QIS, Inc. v. Indus. Quality Control, Inc., 262 Mich. App. 592, 594 (Mich. Ct. App. 2004)(Mere continuation of employment is sufficient consideration to support a noncompete agreement in an at-will employment setting).

"Illinois courts require employers to pay “adequate” or “sufficient” consideration to form a non-compete. McRand, Inc. v. Van Beelen, 138 Ill. App. 3d 1045, 1055 (Ill. App. Ct. 1st Dist. 1985).  Illinois employers can deliver adequate, sufficient consideration in the form of continued at-will employment, but only if the employment relationship continues for a substantial period of time. Id.

Many other states, including Ohio, Indiana, and Florida, treat continued at-will employment as sufficient consideration to create a valid agreement. In Ohio, each day of at-will employment is fresh consideration for a non-competition agreement. Lake Land Empl. Group of Akron, LLC v. Columber, 101 Ohio St. 3d 242 (Ohio 2004). The Ohio Supreme Court reasoned that an employer’s forbearance from ending the employee’s employment provides enough consideration to create a valid agreement.

Questions and Answers (269)

Do commissions regarding old contracts that have no end date still apply as compared to new contracts that expire
Commissions applies to Michigan  ·  0 answers

Implied contracts in the state of Alabama
Implied contracts: if you want a job here then you will have a job here - even if we have to move employees around applies to Alabama  ·  0 answers

I was a account executive doing sales mostly on 60 month contracts paid commision. after contracts come up for renewal I get paid again. after 5 years I was told I could not renew them but i will get a 13 percent residual on each account. so at my 5 and a
I get fired and not paid on my accounts. he kept it all. after waiting over 5 years to get paid. I got nothing. is that legal what he did applies to New York  ·  1 answer

I work for a landscaping business who is going to close it's doors on January 10th. Many of the customers still want me to service there homes. I signed a noncompete for 2 years. Does this closing void contracts and clause?
The company is closing its doors. Does this void my noncompete, and customer contracts. applies to Arizona  ·  0 answers

Can a release letter of all contracts release me from a non-compete?
I was terminated and at the time of termination was given a signed release not only to myself but sent via email to my new employer releasing me from all contracts (naming them within the letter) thro... applies to Florida  ·  2 answers

Contract says Loyalty Bonus, but it is being taken away with benefits being offered
I work for a remote company. We are all on contracts. Item 4 of my contracts states I will receive a monthly Loyalty Bonus for performing my duties. Today we were told insurance was being offered, but... applies to Texas  ·  0 answers

The company I work for was “acquired” by another company. Is my non-compete contract still valid? I have no wording in my contract about transferability. In my contract it only lists the old companies name. The name has changed over completely to the
The company contracts with other businesses for services. If I were offered a direct hire by a business, would I be legally able to accept? We have not been given new non-compete contracts to sign. We... applies to Wisconsin  ·  0 answers

Have MA courts established whether new non-compete law is retroactive?
I was hoping you could elaborate a little more since the new law went into effect nearly 7 months ago. How are the courts upholding prior (to 10/1/2018) non-compete contracts that extend say 2 years p... applies to Massachusetts  ·  0 answers

Is non-compete clause legal
I worked at a military base as a physician through two successive contractors in the same clinic the past 6 1/2 years. The civilian contractor cancelled the contract because they were having trouble f... applies to All States  ·  1 answer

At our plant we are represented by two unions which are the same international my question is can a person that is one local have senority in another local and have bumping rights the locals have 2 different contracts and no language to support my questio
The celanese plant in narrows va has 2 local unions and 2 contracts the one local union has had a reduction in force and affected employees were told they could bump to the other local. the local stat... applies to Virginia  ·  0 answers

see above
RE: Non-compete contracts I have read several articles re: non-compete contracts on the internet and their validity after one was fired; however, I am still confused about the state of Texas upholding... applies to Texas  ·  2 answers

I had work for this employer for 6 yrs in the state of Texas and had signed a non-compete contract.
I had work for this employer for 6 yrs in the state of Texas and had signed a non-compete contract. After the 6yrs of hardship with this company basically they had work me like a dog and I was under p... applies to Texas  ·  0 answers

Is my non-compete valid if client no longer contracts with my employer?
My non-competition agreement states that I cannot work for a client of my employer (we'll call it Client A) if I performed work for that client in the 12 months prior. If I leave my company, and Clien... applies to Ohio  ·  1 answer

My employer made a typo in my non-compete contract. They listed the wrong city (City B) for the non-compete radius. They made the same mistake in the last 4 annual contracts. Are they bound by their mistake if I choose to work for a competitor in my curre
As above, my contract has a non-compete clause for a radius of 5 miles of City B, for a period of 1 year. I work in City A, and have never worked in City B. The company does have an office in City B, ... applies to Kentucky  ·  0 answers

What is the statute of limitations on wage overpayment in New Jersey? Our payroll company is claiming that my co-workers and I have been overpaid a few dollars an hour since the beginning of our contracts and now want us to pay them back. In my case, it�
What is the statute of limitations on wage overpayment in New Jersey? Our payroll company is claiming that my co-workers and I have been overpaid a few dollars an hour since the beginning of our contr... applies to New Jersey  ·  0 answers

I worked for Aarons rental place as a driver. They have contracts they make you signed stating you shouldnt be on a truck until you are cleared by the company to. After three weeks of calling and finding out nothing my General manager decides to make me g
I worked for Aarons rental place as a driver. They have contracts they make you signed stating you shouldnt be on a truck until you are cleared by the company to. After three weeks of calling and find... applies to Louisiana  ·  0 answers

Employment contracts - will it protect me?
Under what scenario would you recommend an employment contract? What protection does this provide for the employee? applies to Texas  ·  1 answer

NON-COMPETE
my husband has been working for 3 years with a NY company, IN OCTOBER OF LAST YEAR THEY STARTED TO ASK HIM TO SIGN A CONFIDENTIALITY AGREEMENT-NON COMPETE. FINALLY A FEW MONTHS AGO THEY SAID THEY WOUL... applies to New York  ·  1 answer

How long do the statute of limitations last for employment non-compete contracts
There was a one year non-compete. If that was broken during the time of the non-compete but never found out about, what are the statutes of limitation on prosecution? applies to Arizona  ·  0 answers

Non-competition contract & courts
Do the courts in the state of NY re-draw non-competition contracts they find to be too broad so they can be enforceable or do they simply deem them void? applies to New York  ·  1 answer

AZ non-compete bill becomes law May 29, 2002
Since the non-compete clause was determined unlawful and banned in Arizona; what about (media) contracts signed before this law went into affect? applies to Arizona  ·  1 answer

Children and contracts
My 14 year son is wanting to take a job at our condo community. He will be responsible for keeping the laundry room clean and changing the camera's VCR tape.We, the complex and I, need to know if he c... applies to Arizona  ·  1 answer

Non-compete still valid after all these factors?
I am being actively pursued for an outside sales position by a direct competitor of the company I now work for. I am currently an Inside Sales/Customer Service person and would be calling on many of t... applies to Michigan  ·  0 answers

Can an agency dock my pay for any reason as an independent contractor in the state of PA?
The agency i work for had us sign new contracts this year. They have our documentation on a sliding fee scale, down to $0 per hour if the documentation is more than 6 days from the point of service. I... applies to Pennsylvania  ·  1 answer

I have 2 Texas based non compete agreements with different companies but the same corporation. One of these has a 5yr term the other a 2 yr term. They both have very broad definitions as to where and whom I can possibly go to work for. I reside in SC and
Both contracts state: refrain from working, owning in any capacity for any of the company's competitors or other competitors, similar industry. applies to South Carolina  ·  0 answers

Non-Competition After Hiring
Hello, I have been working for a company for one year now and now I am asked to sign a non-compete. Does Arizona law find such contracts legitimate when I have been working for the company for some ti... applies to Arizona  ·  1 answer

predating independent contractor agreement
I was wondering after working for a company 3 month in to my employment then being forced to sign and predate an independent contractor agreement to my first day i started working would the contracts ... applies to New Jersey  ·  0 answers

How to get out a non compete contract
I am currently in a non-compete clause contracts or a Non- Performance of Services and Non-Recruitment contract. I wanted to be released of that and was going to ask if they would release me. I’m ju... applies to Michigan  ·  0 answers

non-compete extremly vaige
I am a victom of a non-compete contract. My contract is extremely vaige and long. I am trying to find out if the is a standard time constraint of these contracts ie: 1 yr, 2 yr instead of the 5 years ... applies to New York  ·  2 answers

What are my unemployment compensation rights?
My employer is dividing and selling the business as 2 businesses. i am a salaried worker and he says that the only way that i will continue with one of the halves is to become a contract laborer for t... applies to Alabama  ·  0 answers

non-compete
I worked in sales for a moving company. My first day of work, they had me sign a non-compete. I never knew anything about it beforehand. I have since been laid off and am trying to get other employmen... applies to Pennsylvania  ·  1 answer

I was let go because of the covid effects in my industry and we agreed on a severance including a lump sum payment. Then I realized they made a tax deduction on the amount that we agreed and that is in the contract. While the contracts says my severance i
when I got relocated to US for this job, I was also offered a relocation package where the company paid me a certain amount of money net and I've reminded them this very fact. applies to New Jersey  ·  0 answers

Older contracted workers being replaced by young for less.
My company is forcing myself and others to resign. We have been with the company, average 38 years and more. This is being done by calling us into meetings and saying we are not doing well then threat... applies to Illinois  ·  1 answer

need a lawyer expert in medical contracts
I am a cardiologist who is planning to leave my group and work with a local hospital..I have bee with my group for 2 and1/2 years.my original contract ended in september, 2002.we never signed a renewa... applies to Ohio  ·  1 answer

Can an employer terminate a person because they say they have lack of work yet hire someone New at less wage to fill your spot?
I am an older person,55 and was let go. I was told because of lack of work lost contracts ANF hourly wage Yet another person was hired for my position at less wage. Is this legal? applies to Arizona  ·  0 answers

Is a non-compete valid if I am a contracted business and not an employee?
I have signed a non-compete not knowing what I was signing. I sell and project manage roofing projects but I am a sub-contractor and not an employee. I operate my own business but the company that sub... applies to Minnesota  ·  0 answers

is there really no expiration date on a non compete contract?
I live in nj and have a small business. I hired 4 employees with no knowledge of them having contracts. I posted promotions on my business social media as well as purchased direct mailing to get my ne... applies to New Jersey  ·  0 answers

How resticted am I by a non-compete with a MN employer, living and working in GA?
I signed a non-compete with MN employer less than 3 months ago. This is not working out well. I am also bothered by the fact that the employer sent out bids ("on my behalf")for construction contracts ... applies to Georgia  ·  0 answers

What defines a client
My old company which I left on what I thought was good terms, is making noise about enforcing my non compete. I was in sales for an IT consulting company, and I am now more focused on recruiting. Am I... applies to Ohio  ·  1 answer

Does a breach of contract cause the whole agreement to be voided in arbitration?
The owner of my company makes it a practice of going into accounts that the sales people opened and then stopping paying commissions to the sales people. The sales people are commissioned w2 employees... applies to Ohio  ·  2 answers

Pay cut for same job duties
I have worked for a company in NY for 27 years. It was recently purchased and a new HR manager says my salary is too high for the position I currently have. After 27 years or raises and bonuses I will... applies to New York  ·  0 answers

Employee voluntary termination penalty
I have recently been offered a one year contract by my existing employer which contains the following: In the event the Employee voluntarily terminates this Employment Agreement prior to its natural e... applies to Ohio  ·  1 answer

Can I be kept from gaining employment with a new company because of a no solicitation agreement if I
I work in a retirement community as a physical therapist where the therapy is run by a contracted company. The community has decided to switch contracts to another company and the new company wants to... applies to Florida  ·  1 answer

Am I still bound by franchise non-compete if franchisee goes under?
I currently am working for a franchise that has all employees sign a non-compete agreement. It is a window cleaning business so there are no intellectual properties. The franchise I am under looks lik... applies to Illinois  ·  0 answers

PLEASE HELP.........Stressed out!!
I was employed by a towing company that contracts will Auto Club, I was told repeatedly to dis-obey the law by overloading a tow truck. I was screamed at repeatedly and was verbally abused by the mana... applies to California  ·  2 answers

Is the non-compete covenant I was presented too broad?
After 17 years with my employer I was presented a non-compete covenant with an incentive. I am concerned that the clause is too broad limiting my options of future employees to those in completely unr... applies to Colorado  ·  0 answers

Is my contract valid?
I was almost certain I never signed a covenant not to compete. To be sure, when I got my notice of termination of employment I requested my entire employment file. Including any an all signed contract... applies to New York  ·  0 answers

Non Compete on the table after 2 years employeed
I have been employeed for the same company for 2 years and have never signed any non-compete contracts. At my 2 year mark after my employer finally had seen how valuable I had become to his company he... applies to Texas  ·  1 answer

Employment Contracts - what is the law that covers employees benefits?
I was with a firm and had an employment contract. The partners separated and I went with one of them. We verbally agreed the employment contract will remain in effect and there was no need to make a n... applies to New York  ·  0 answers

How long must I wait for overtime pay?
How long can an employer withhold payment of overtime? I teach at a college that only pays overload on load once a year. Classes ended a month ago. Overload pay was not included in our next check. The... applies to Ohio  ·  0 answers

Am I required to work after termination?
About 10 years ago I was awarded a patent. I signed all rights over to the company that I worked for at the time. About 6 years ago they RIFed me. Now they want to change the patent. They are telling ... applies to Indiana  ·  1 answer

Can my company change the term of my non-compete without any benefit or consideration
I work as a radio DJ in Alabama and I have a non-compete clause in my contract of 4 months. Recently my employer contacted me and told me that the corporate office has decided that all contracts for "... applies to Alabama  ·  0 answers

Overtime pay question
My husband works as a 'Contract Manager' for a local manufacturing company. He does not oversee anyone and is not in a supervisory position. His job is to make sure that contracts are made up correctl... applies to Wisconsin  ·  1 answer

I have 11 more months on my employment contract. Will I get paid?
I signed a two year employment contract with my current employer. Recently, they have restructured the company and changed the business model to exclude my job function. I'm at the beginning of my sec... applies to California  ·  1 answer

Hired by company contracted by new company. Still get severance from previous company?
The company (A) I work for was bought out. Employees were told they would receive a severance payment for each year they had been employed (by the way there was no written agreement, just verbal). The... applies to Nebraska  ·  0 answers

Earned commissions not paid after discussed.
After discussing errors of commission paid on contracts that were coded to other sales person and paid to that sales person, employer states that there will be no changes made and that the commission ... applies to Florida  ·  1 answer

Are freelancers able to file a claim with the NY DOL for unpaid wages?
I am a freelance editor who has not been paid by a media company for work done on their magazine in January 2011. I have signed contracts from them regarding the terms of delivery and rate of payment ... applies to New York  ·  1 answer

I work at Lowe's on Maui, and was wondering if a dispute about age discrimination would have to go to binding arbitration, or could I file in state district court ?
May pre-employment contracts in Hawaii mandate binding arbitration in lieu of a filing in state district court for age discrimination ? Concerning Lowe's Maui ? applies to Hawaii  ·  1 answer

Are non compete contracts valid if company is later sold and employee becomes subcontractor?
My friend owned a business and sold to another person he then became an employee of that company and signed a no compete contract which stated that should he leave the company he could not contact his... applies to Georgia  ·  0 answers

statue of ohio's non-compete clause for prof. employment
I am trying to find either the (specific) place online to look up the Ohio codes or information on non-compete clauses in employment contracts for professionals (veterinarian). I know that 5 states, (... applies to Ohio  ·  1 answer

Employee handbooks are they contracts?
Does an employee handbook constitute a contract? When a hanbook details actions and/or steps that will be taken before termination and known of those steps were taken is that a violation of a contract... applies to Ohio  ·  1 answer

Non Compete after a company leaves a market
My employer has recently sent out a memo stating that they are no longer engaging in business in several markets that we were previously conducting business in. All of the employees have non-compete c... applies to Ohio  ·  1 answer

I was just recently fired and I believe that someone is manipulating a govt contract to bring in personnel that they desire on the contract and this has happened to four personnel in the last month. Is there any recourse?
There is a person that is a civilian working with govt contracts and is manipulating the contract, companies and personnel to get what he wants. There have been 4 personnel who have been fired for eit... applies to North Carolina  ·  0 answers

Is it Non compete if do same job but not competing? Also company sold to new company.
I work as a MSDS author for a company that authors MSDS for many companys. I signed an agreement with my company (Comany X) that says I will not compete against them or there best interest. If I went ... applies to Tennessee  ·  1 answer

contract's nessary or not
what is an employer to disclose to you when paying on a form 1099? and what is nessary for them in the way of writen contracts when using a form 1099.Can an employer be held liable for damages if wron... applies to Ohio  ·  1 answer

unpaid wages-contract work
I have consulted for an X company in NYC for few weeks and I terminated my contract with them. According to the contract terms I have submitted all invoices and related termination letters to the COO ... applies to New York  ·  1 answer

Can my employer force vendors not in direct competition with them not to hire me?
I work at a mid-sized retailer's corporate office. Upon being hired I was asked to sign a non-compete agreement that barred me from being employed at direct retail competitors. My employer is now forc... applies to Illinois  ·  0 answers

40% owner of a company has backwages that are not being paid
I am a 40% owner of a company. I am owed about 150,000 dollars in salary and commission that was not paid to me as the cashflow was not good. However, we have received a lumpsum payment of 200,000 dol... applies to California  ·  1 answer

Multiple non-compete questions
There are many questions involved in my non-compete issues and I do plan on seeking the advice of an attorney. However, I would like some general information to determine if I have a strong case. My o... applies to Texas  ·  1 answer

Can a company retroactively change a commission plan to avoid paying full commission?
Salesperson here. Recently closed very large deal with customer - they were invoiced and paid within 10 days. Now we have new contracts presented to us retroactive to the beginning of the year that ch... applies to Illinois  ·  1 answer

Non compete valid if living in a different state from employer
I'm a healthcare consultant living in the state of NC but employed by a company located in CA. I signed a non-compete contract with this Company. However, due to loss of clients, the company is experi... applies to North Carolina  ·  1 answer

Hi there, my question is pretty simple. I was formerly a freight broker, i was working for a truck company as well as a dispatcher. I was fired from the brokerage for
Was a freight broker who deals with direct customers and contracts trucks to perform jobs. SIgned onto a truck company to be a dispatcher(no direct customer relation as that is illegal) Was laid off a... applies to Maryland  ·  0 answers

I am a personal trainer in Texas. I signed a no-compete while working for my former employer saying that I wouldn't solicit past or current gym members for 3 years. I have since opened my own gym. I have not saught any of my former clientel, however they
I signed a no compete while working for a previous employer saying I would not solicit past or current members of his gym for 3 years. Lately I have had several of his customers sign up for free trial... applies to Texas  ·  1 answer

What does Arizona law say regarding payment of commissions to independent contractors?
I'm an independent contractor (sales person) and will be terminating my working relationship with the company I am working for. Receiving my sales commission has always been a struggle, and I anticipa... applies to Arizona  ·  0 answers

Use Non-Comptete contract to get here way.
I have a very serious situation with my employer. My current client is offering me to join as a permanent employee and i am facing the problem: My H1B emplyer and a middle layer have a non-comptete co... applies to Florida  ·  1 answer

What makes a Contract official, & how do vague statements that have to be interpreted stand legally?
Hello, I have a question about a contract that I signed with a hair salon. Our hair salon contract states that we are a "Mckay" salon meaning that we sell McKay make-up, but I have never signed anythi... applies to Tennessee  ·  0 answers

Can companies set requirements to withhold servence pay from older workers
Recently my company sold our business contracts and is in the process of shutting down operating units within the plant. One area of the plant will remain running and they have decided to staff that a... applies to Texas  ·  0 answers

Forfiture of commissions upon voluntary termination
In Texas, is an employment agreement provision calling for the forfiture of earned but unpaid sales commissions upon voluntary termination of employment legal? Specifics: Texas work-from-home rep of C... applies to Texas  ·  2 answers

Is a corporation obligated to it's contracts after the owners death?
In 1990, I met with the owner of a chemical products manufacturing company, and stated my desire to represent the company. I offered to market their product line on a commission only basis. It was agr... applies to New Jersey  ·  0 answers

Is my non compete void if I am asked to do something illegal?
Is my noncompete void if I was asked to be involved in an illegal act in my position. I was asked to sign papers and complete documents that were illegal and I refused. Since then I left a well paying... applies to Maryland  ·  1 answer

How can I be a "temporary worker" after nearly 4 years at the same job, same place?
I worked for a security company that has contracts for most of the security for Shaw Industries. Shaw has been replacing their own security guards (who are fully benefited, well compensated employees)... applies to Georgia  ·  0 answers

Changing commission structure for no reason - legal?
I work for a company in which we get paid commission based on a % of our revenue collected relative to a set revenue goal. The company has established specific revenue goals each year and have set the... applies to Colorado  ·  0 answers

Can my part-time employer restrict me from also working for another employer PRN because they may wa
I work part time for my employer. I would like to work more hours, but they are unable to offer me additional hours at this time. I am a professional and prefer the type of work that I am currently do... applies to Pennsylvania  ·  2 answers

are non compete agreements for indipendent contractors inforceable?
I have owned a trade specific company for 12 years. Approx 8 years ago I was asked by a national company if I would continue to run my business under the national name which I agreed. There were no co... applies to Florida  ·  1 answer

if a person is hired initially as a part time, but then is scheduled and works a full time schedule for over a month consecutively, is their status considered full time and hours protected?
I was hired in a non-union retail store as part time, but after my first week have been scheduled and working a full time schedule. I learned my hours may get cut back to part time. Is that correct/le... applies to California  ·  0 answers

Non-compete vs. Self-Employed
I signed a non-compete clause as part of "employment agreement" to be a "strictly commissioned employee" selling advertising. I want to go into business for myself, however, I fear the agreement will ... applies to Florida  ·  1 answer

Can your employer make you resign?
I have been at my job 9 months. It is an extremely larger work load than anticipated. I have been writtten up twice. The company has no handbook or contracts. I went to the er on tuesday June 21, 2011... applies to Texas  ·  0 answers

Can I be forced to sign a new contract voiding out my present one?
I signed a one page independent contractor agreement with a home care agency last year. Recently I was handed a new 5 page contract to be signed the following day by Fri 5pm or I could not report to m... applies to Florida  ·  2 answers

Does this void a NON-Compete contract.
I signed a employment contract with an IT firm that says that i shall be paid on a by-weekly bassis no later than 7 days after pay-period ends on the preceeding Friday and in that agreement there is a... applies to Maryland  ·  1 answer

Is my non compete agreement enforceable?
I signed a non compete with a lawn maintenance company called Floralawn who has been doing buisness in Lakeland for 19 years. I started off as the Account Manager and then they changed my title to Lan... applies to Florida  ·  1 answer

Is this retaliation?
I recently quit my job as a Director of Sales for a Technology company and never signed an NDA (Non-Compete Agreement). I took a position with a partner of my last employer (with the blessings of the ... applies to California  ·  2 answers

Can an employer force me to sign a Non Compete agreeement after I have been let go in order to receive my final check?
Was Project Manager for construction company. No contracts/paperwork signed before or during employment. Owner/Boss quits Project/Company that we are working for in Alabama and brings us back to Oklah... applies to Oklahoma  ·  0 answers

Options if the deadline for recovering back wages through the Texas Workforce Commission has passed?
I live in Texas and worked for a company that contracts all of its employees through a company based in California. Although I worked for the Texas company, from a legal standpoint all employees were ... applies to Texas  ·  0 answers

Can a company that has federal contracts fire you for your doctor not releasing you back to work
During the winter when the weather dipped to below freezing, I developed bronchitis that was borderline pneumonia. The doctor refused to release me to work due to continued exposure and I had a prior ... applies to Nevada  ·  0 answers

Do non-compete clauses still apply if worker's state voids such clauses?
I work as a part-time 1099 contractor for an Ohio-based company, however I work in California. When I started, I signed a non-compete document that bars me from taking any position with a competing co... applies to Ohio  ·  1 answer

Employer Refuse To Pay For Earned Vacation Time For A Previous Contract
I work for a government contractor. I recently found out that I should have been getting paid some vacation time for continual service that I wasn't paid for. When I brought it to my employer attentio... applies to Kansas  ·  0 answers

Can I join my employer's client in California?
I am a resident of California (currently on H1B visa) and working for a company's client here in California. I have been offered a full time position by the client in the same location - California. H... applies to California  ·  0 answers

Are school bus drivers elgible for overtime compensation under Ohio law?
I work at a school as a contract bus driver. Must point out, wer are not a unionized operation. Our base route is approximately 15 hours per week. We have senior drivers who take an additional contrac... applies to Ohio  ·  1 answer

Can I work for another contract rehab agency & be placed at the same location as my current agency?
I am currently working for a Contract Rehab Services agency that is based in MA as a Contract PT. They placed me in a facility in E. Providence. Originally I was supposed to be doing Early interventio... applies to Massachusetts  ·  0 answers

Am I being bullied because of race and can I be drug tested and breathalyzer on my day off for suspi
I started a job a couple months ago in a kitchen at a children's hospital, I was the only white person everyone else wad black and related, I had heard 1 white girl worked there at another time but cl... applies to Texas  ·  0 answers

What are my right as an independent contractor. My last company hasn't paid me in 2 months. Im net45
I have worked or the same company for 3 years as an independent contractor. A very large corporation bought out the company in 2008 and I was kept on as an independent contractor. I have yet to be pai... applies to California  ·  0 answers

Should I allow my employer to pursue liquidated damages?
Employee is currently under 1 year contract to work for employer. After four years of employment with this company and signing four seperate one year agreements, employee has finally found another job... applies to Ohio  ·  1 answer

Will I be fired for reporting my supervisor (vice president) for his negligence with non-compete?
I am being reviewed by my vice president of NA, sales. My company is very small, less than 10 employees in U.S., incorporated in IL and TX, I believe. Within last six weeks, in a meeting with a potent... applies to Illinois  ·  0 answers

CAN MY EMPLOYER FIRE 100'S OF PEOPLE RIGHT BEFORE THE BUSINESS CLOSES TO AVOID PAYING UNEMPLOYMENT?
I work for a billion dollar company we are paid hourly. The company I work for has a few different contracts (departments) like a beauty dept, a cell phone dept. within the same building. There were 4... applies to Iowa  ·  1 answer

Is non-comp agreement enforcible (manual labor)...
I work for company "X" that has contracts to provide assembly services for several retail establishments. You, as a retail customer would purchase an item, then either you or the retail store would co... applies to California  ·  1 answer

What can I do if employer threatens to withhold pay if contract is not signed with their stipulation
I have worked for a Private Higher Education institution for 13 years. I meet all the requirements necessary for my job description. When hired for this job I was not required a PhD. I'm currently wor... applies to Texas  ·  0 answers

My employer is mostly non-union. If I am an existing non-union employee well past satisfying my probation period and my employer assigns me to the same job elsewhere in the company but that assignment requires I join the union, can my employer make me sat
I drive a school bus for a private employer who contracts with public school districts. My employer has one contract with a district in which my employer had to negotiate a CBA with an existing union.... applies to Ohio  ·  0 answers

non- compete and stipulated damages v. injunctive relief
I have an employment contract that has a non-compete clause as follows: "During the term of employment, and for two (2) years thereafter, employee shall not directly compete with employer within a fiv... applies to Florida  ·  1 answer

Is the non compete clause enforceable to an independent contractor physician in Arizona
Hi there, I am an independent contractor (physician) for a group that contracts with a hospital in the Scottsdale AZ area and I provide hospitalist services. I have been with them for 2 years and I si... applies to Arizona  ·  1 answer

About 6 months ago I joined an insurance brokerage firm whose home office is in CA but the office which hired me is in TX. I am considered to be an employee of the TX office but work remotely from my home in FL. When joining the company I was required to
Not sure how much bearing this has on my situation but I have worked in the insurance industry for almost 40 years. Prior to joining my current company I had been employed at a similar company in TX f... applies to Texas  ·  0 answers

Big severance "carrot" taken away
My wife worked for a company 19 years. She had stellar performance throughout her career and was the corporate secretary for her last 5 years. She was on the company's lucrative supplemental benefit p... applies to Pennsylvania  ·  1 answer

Is a 10-yr & 100-mile radius of co borders unreasonable?
Insurance company contracted with me and paid me with a 1099 as an "independent contractor" but always provided office space, office equipment, local telephone service, told us how much insurance to s... applies to North Carolina  ·  1 answer

Want to open own tax service as situation has changed drastically.
Have worked for a franchise for 18 years, which was doing business as ****. Feb. 1 of last year, the owner passed away. It was writting that he's sister who had been manager for 28 years was to get th... applies to Ohio  ·  1 answer

Employer Denies paying Overtime Hours already worked at End Client Location.
Hi there, My employer contracts with other staffing companies, to place his employees at work. My situation: End Client (where i worked as IT sub-contractor) --> Prime Agent Company --> Secondary Agen... applies to Texas  ·  0 answers

Sales & Non-Competes
Mel: I signed what my company refers to as a "Key Employee Agreement". I have contacted a local $200 an hour attorney who tells me that it is enforceable, but too broad. I work for an organization (he... applies to Texas  ·  1 answer

contracts, Pennsylvania
Reading, PA. I about to sign a contract. Does the following terminology from the termination section of the contract mean that I have to stay the full time even in an "at will" state? 'Termination by ... applies to Pennsylvania  ·  5 answers

Ex employer harassing sending collection notice...
Hi, It has been just few months i am in usa and i am not having enough funds to hire an attorney. I came to us few months ago and was working with one of company in ohio which is body shopping consult... applies to Ohio  ·  1 answer

Do I have a right to display my work and list sponsors?
The owner of the company, where I worked as a graphic designer and creative director for the past 13 years, closed the business in October 2009 -- we no longer had enough contracts to afford to pay th... applies to Florida  ·  0 answers

Can an employer not pay commision on a 100% commision job after you quit?
I recently quit a 100% commission job. An employee gets paid when a job gets installed, not when payment is collected. I quit before several large deals went in the ground (I had to), but contracts we... applies to Colorado  ·  0 answers

Can I refuse a paycut without quitting? Employer is falsely accusing, and bullying me.
Sirs: I've been an hourly worker for a small manufacturer for over 11 years. I get along fine with my supervisor, and 99% of the people in the company, but the owner, who is also the chief engineer ha... applies to New York  ·  0 answers

Enforceability of Non Compete contract
I have worked in the retail automotive industry for twenty five years, two years ago and out of desperation due to the economy, I took a job in "middle management" at a local dealership. The duties an... applies to Florida  ·  1 answer

Will cashing ck relieve xemployer of bonus earnings
It has been 1yr since I was laid off. I was offered a severance for yrs served, which I accepted the severance for years served, but indicated I could not sign agreement because other bonus earnings w... applies to Massachusetts  ·  1 answer

Can an employer take away accrued vacation time in Wisconsin without any notice to employees?
I have a question about accrued vacation time in Wisconsin. The company I work at has approximately 25 employees, all but two full-time. We receive a certain number of paid vacation days on the annive... applies to Wisconsin  ·  0 answers

non compete & pay issues
I worked for a company called XXX for 15 years. I left this company to become employed by another company that sold the same type of services.. In 2002 I returned to my former employer XXX & continued... applies to Indiana  ·  2 answers

Is non compete invalid if I was never paid for employment?
I need some advice regarding a non-compete contract that I recently signed. I took a job with a company on April 21st and had to sign a non compete contract with them. They made me some intial promise... applies to Texas  ·  1 answer

Breaking a non-compete, non-disclosure employment service contract
My employer is a Philadelphia based company. It does not have an office space and allows the employees to work from home. I was hired in November 2009 and was made to sign a non-compete, non-disclosur... applies to New York  ·  0 answers

Forced 401(k) Account from
Dear Sir, I am a self-employed individual that often contracts with large multinational firms. It is becoming increasingly common for these multinational firms to channel your contract agreement throu... applies to Pennsylvania  ·  0 answers

Is it legal for my employer to keep me from receiving copies for my certificate form my employment f
About a week ago, I started seeking different employment opportunities; I have been working with my current employer for 6 years, and started looking for something else due to need of more money. I wo... applies to Texas  ·  0 answers

if fired for claiming time fraud but not true .employer kept all moneys due at paytime and said they wont say nothing as long as i dont ? also employer wasnt even paying minimum wage ? i have entire paper trail of all wages for entire 3 year work history
only defense is cameras moniter all work completed on daily basis . employer required last year and half a minimum of 3 hours per day of work .paying us 60 dollars per day on bi_ weekly checks . they ... applies to Arizona  ·  0 answers

Non compete in employee hand book.
I have a former employer who had a non-compete clause add to a new version of his employee hand book. It as added at the end of his employee handbook. We all had to sign the handbook at the end of a m... applies to Michigan  ·  1 answer

Question about a Non-Compete and Harassment from former employer
Hi and thanks for any help. I filed this under Contracts, but it kind of combines a non-compete and harassment in one big issue. In 2005 my wife signed (against my advice not to) a non-compete which s... applies to Ohio  ·  2 answers

Do I have a wrongful termination case?
I am an independent contractor who was being used as an employee, violating IRS employment laws. Also my employment contract was fraudulent. The number of current members that I was to manage was stat... applies to New Mexico  ·  0 answers

I have been employed as a college Instructor since 2009. In 2010, My college transferred me to commute part time to another facility, one they did not own. Since the first day I have been abused. I was asked to start up a program with no equipment, no too
Contracts, Overtime: VP ripped my contract for Overtime up, told me I could not continue having it. It was signed by three other supervisors, only he ripped it up, and the other three supervisors did ... applies to Georgia  ·  0 answers

Non compete gives me little choice in employment
I signed a non-compete upon employment with an evaluation company 3 years ago (appraisals, evaluations, ect..) and worked in the Quality Assurance/Control aspect of the business. I had never spoken wi... applies to Pennsylvania  ·  1 answer

Non-Compete applies to the new company?
I'm an employee of a consultanting company. I've assigned and worked for the same client as a contractor for more than a year. Now, my employer is being acquired by a competitor. I do not like the com... applies to New York  ·  1 answer

Denial of Severance Previously Promised
My state is an "at-will" state, however, since the company is one of the nation's largest media corporations, they have a company severance policy. On May 14, our department was notified of a reorgani... applies to Texas  ·  1 answer

Do I have to pay back a relocation package that I signed under duress, meaning that I had to relocate or get fired?
I had the option of relocating or lose my job. Now I found another job outside of the company however it’s less than the 24 month relocation period. Am I obligated to pay this pay even though I was ... applies to Rhode Island  ·  1 answer

In NYC can on employer diny accrued vacation pay after Cov-19 State Shot down?
Our policy is after 5 years of employment we are intitle of 4 weeks vacation. Due to Cov 19 State shot down and be considered not essential worker, I stay home 3 month with pay. Once back to work I as... applies to New York  ·  1 answer

Non competition valid after 11yrs service?
I signed a Employment Agreement with a Non Compete clause in 1997. The company was one of the holding companys of the US parent. Since then the Parent has split itself into many holding companies, sol... applies to Pennsylvania  ·  1 answer

Change in consideration
I have employment agreement that has no experation though every time employee review comes around a new contract is signed.In June 2000 I signed contract that stated " As consideration for this agreem... applies to New York  ·  1 answer

If you haven't sign a non compete initially and now you are laid off with servent pay of 4 months and they are asking you to sign an no compete for one year is that legal?
My husband was laid off and was told he will get 4 month servent pay a week latter they told him that he has to sign a non compete form or he won't get his 4 month pay and the non compete is for one y... applies to Maryland  ·  1 answer

How long can a non-compete clause be enforced in the state of Florida?
I sold a manufacturing company that produces a unique line of products. All of the products were designed exclusively by myself. The purchaser made me sign a 10 year non-compete clause but my attorney... applies to Florida  ·  2 answers

Counter offer reneged on
I recently accepted a counter offer from my employer to continue my employment there. I did not have the foresight to obtain this offer in writing. They are now delaying my salery increase and renegin... applies to New York  ·  1 answer

Does a recent e contract supercedes a previous contract that had a relocation reimbursement clause?
I want to know if a recent employment contract supercedes a previous contract that had a relocation reimbursement clause. I took a position 3/16 that relocated me from NY to NJ. The 3/16 contract stat... applies to Pennsylvania  ·  2 answers

Personnel Policy Benefits Being Denied
In my company's written personnel policy that was given to all employees, it states that if there is an involuntary separation due to a reduction in workforce, all full-time employees will be given a ... applies to Indiana  ·  1 answer

Intrepreting a Union Contract
I am entering my 8th year of employment and ten months ago I changed positions, with the understanding that my salary would only be reduced by 10%. I signed a contract and within four months I recieve... applies to Pennsylvania  ·  1 answer

Can an employer legally enforce a non-competition statement in their company policies when an actual non-compete agreement was never signed?
I've never signed a non-compete agreement per se, but my company does have a policy in its handbook regarding non-competition and I probably signed an acknowledgement of receiving the handbook and res... applies to Pennsylvania  ·  2 answers

I have been with my company for 23 years and have written policy and there was a presedensce of former employees receiving severance. Our policy states that we receive one weeks pay for each year work if I retire, quit with at least 2 week notice, laid of
I work for a union office collecting members dues and was promised this severance package and also have it in writing in our policy. There is only myself and another employee left that were hired unde... applies to New York  ·  1 answer

Can they make me pay this money?
I signed an employment offer letter for a job that required me to relocate in order to accept. The offer letter indicated that company provided relocation expenses would have to be paid back if I left... applies to Wisconsin  ·  1 answer

Is a non compete clause valid if the company has been purchased bysomeone else but the name is same?
Is a non compete clause valid if a previous company has been purchased since separation. A non compete clause was signed at the time of employment. The clause signed was for two years. The company has... applies to Kansas  ·  1 answer

My company's policy was 5 weeks of vacation after 15 years with the company. Now, after 14 years of employment, the policy has been changed to 4 weeks of vacation after 20 years. Shouldn't the long time employees be
My company's vacation policy has been 5 weeks of vacation after 15 years with the company. After 14 years of employment, the policy has been changed to 4 weeks of vacation after 20 years. Also, an emp... applies to Florida  ·  1 answer

Non-compete for C2C enforceable
I currently work for contracting company (ABC) who has a corp to corp relationship with consulting company (DEF) who placed me at client company (GHI). I only have a signed employment agreement with A... applies to New York  ·  1 answer

Is a non compete enforceable if it is sent via email, but never signed or agreed to via email?
I work as a 1099 contractor with a staffing agency and signed a work agreement a couple years ago that renews yearly that had a non-compete that I would not go work directly or indirectly with the cli... applies to Florida  ·  1 answer

I was an employee for the Florida Department of Corrections. I have recently been terminated ..
I was an employee for the Florida Department of Corrections. I have recently been terminated on the accusation of a crime not pertaining to work. At this time I am just being accused of this crime, I ... applies to Florida  ·  1 answer

I feel as though I was wrongfully suspended, so I contacted the EEOC. My employer is now requiring me to sign a contract waiving my right to contact the EEOC to end my suspension in order to return to work.
My employer suspended me for violating a policy that is not in the handbook nor have I ever seen before. Prior to this incident multiple employees violated policies that are in the handbook, but nobod... applies to Pennsylvania  ·  1 answer

I work in the state of Pennsylvania. I am getting documented and having two days of suspension without pay, three months of probation, and my bonus is being taken away. This is all because of a situation which is not even a policy. My boss has agreed with
I can not go into much details about the situation online. I would love to talk to a lawyer. However I am getting two days suspension, three months probation and my bonus taken away for the whole year... applies to Pennsylvania  ·  1 answer

Litigation Remedies for separating employee without non-compete (New York)
Are there any remedies/reimbursements if an angry former employer brings a lawsuit forward against a former salesrep who went to a competitor (New York) claiming breach of contract and misappropriatio... applies to New York  ·  1 answer

Signed contract-Changed Mind
I am a physician. I have accepted a position and signed a contract which is effective August 1, 2005. I have now changed my mind and no longer wish to take the position. I have not received any form o... applies to Texas  ·  1 answer

So I've been sending my resume ALL OVER!primarily looking for stay at home jobs. So I'm approached by 3 separate companies promising me upfront money to create a mini office in my home equipped with laptop and a score of equipment and software. They went
I would like to know if I can use for false representation ? applies to New York  ·  1 answer

Can my employer enforce 3rd party do not compete I was not aware of?
My boss has put a division of our company up for sale. He made sure to contact all companies in our industry in a 50 mile radius. He made them sign a confidentiality agreement (understandable) but a c... applies to Pennsylvania  ·  2 answers

Change of job title and pay v/s Non-compete
I work For one of the local television Station in Evansville Indiana. When I first hired in I was paid a salary plus instant commission for Non-Traditional Revenue (NTR) sales. I sold Internet based p... applies to Indiana  ·  1 answer

can you legally be terminated for refusing to sign an "exclusive right to represent" document?
three weeks ago I was terminated from my job as a sub-contractor working on a PA state project. The project and many others are currently up for re-bid under one large state request for proposal. The ... applies to Pennsylvania  ·  1 answer

Contract Employee Fired, Texas
Here Goes. I signed an employment contract to manage a mortgage broker office in texas 12 months ago. The contract was for 3 years and the pay was 8k per month with a bonus paid each quarter based upo... applies to Texas  ·  1 answer

Lack of non-compete
I was terminated as an employee 6 months ago by a consulting and training firm, where I had been employed for 20 years. In those 20 years, I had never signed a contract of any sort. There was an emplo... applies to Illinois  ·  1 answer

severence pay
I was recently terminated by my employer of 6 1/2 years. In my employment contract there was a severence clause stating I would get 1 month for every year of service. The company I worked for has been... applies to New York  ·  1 answer

May I collect severance pay if I find new employment prior to my involuntary termination date?
I have been notified that my office will close in six months, terminating my position. By company policy, I am thereby eligible for severance pay. I am not required to stay through the closing date if... applies to North Carolina  ·  1 answer

Confidentiality and No Solicitation Agreement in CA
I worked at a company for three years as a sales rep. I signed a "confidentiality and no solicitation agreement" when I started working there along with my compensation contract, etc. After three year... applies to California  ·  1 answer

employment defamation
Can a CEO threaten to pull the contract of a group provider if they refuse to let go a contract employee working at his facility because the person was rude or disrepectful to him/her. Can the contrac... applies to Florida  ·  2 answers

Legal Actions by Employer?
I have a friend who doesn't speak English who signed an agreement entitled "Independent Contractor, Non-Competition and Confidentiality Agreement." She works for a cleaning service and is not at all a... applies to Illinois  ·  2 answers

If compnay not registered in IL, can they enforce Non compete?
My question involves employment and labor law for the state of: IL and NJ I Work in IL at a client place through a vendor from IL since June 2008. I am employee of a company based in NJ. this company ... applies to Illinois  ·  2 answers

Non-Compete for an unpaid Independent Contractor
I direct pageants- I was presented with a contract with a company after 9 months of hosting pageants for them.... I had invested 1,000's of dollars on signage and other items so when I was presented t... applies to North Carolina  ·  1 answer

A non-compete and non-disclosure for a non-employee??
Sort of a non-compete, but I am not an employee. I am looking into buying a LP company in California from the general partner. As part of my due diligence process, I asked him to furnish his tax and p... applies to California  ·  1 answer

Foreign state non-compete
During the course of my previous employment, I signed two mid-term non-compete agreements (each on the occasion of round of VC financing). The company I worked for is in Massachussets. I was a residen... applies to California  ·  3 answers

Unsigned contract enforceable because of conduct?
I made an 18 month independant contractor agreement with a Philadelphia company that commenced on May 1 2014. I was to provide general business consulting and Invoice and be paid upon receipt on a mon... applies to Pennsylvania  ·  1 answer

Fired for something the company cannot prove - wrongful?
According to the plant manager, I was fired because an employee that worked for me, recently filed a complaint and said I was verbally abusive to her. This is in fact not true, I have never had an iss... applies to Michigan  ·  1 answer

independent contractor held to non compete agreement
I am an independent contractor in a hair salon. I sign a lease annually. There is a non compete clause in this lease, stating that I cannot work within a 10 mile radius for a period of 3 years. I have... applies to Texas  ·  2 answers

drafting an employment contract
My father-in-law wants to retire from the family business (Peter Troost Monument Company) and wants me to take over his portion of the business. I am currently employed at Northwestern University and ... applies to Illinois  ·  1 answer

Expat employee involuntarily terminated overseas
I am employed by a US multinational (at will)in Bangkok. Due to global downsizing, tens of thousands of emp are being involuntarily terminated. I have verbally been told that I will be off roll 15/12/... applies to Texas  ·  1 answer

Non-compete employment issue
After working for my company for roughly 1 year I was forced to sign a non-compete. In brief the non-compete said I can not work in the internet related field for 1 year within a 100 mile radius. Howe... applies to Pennsylvania  ·  1 answer

non-compete issue in IT.
I joined a company back in 2/02. I was asked to call on an account. I had previously called on the account but in a different area. I was asked to further develop a relationship with the account. The ... applies to New York  ·  1 answer

unfair for for my employer to end my employment and expect me to be committed to future employment
Can one organization/employer commit you to working for another party that is not involved in the contract? Can you have a contract that commits an individual to work in the future but with no commitm... applies to New York  ·  1 answer

Lay off due to elimination of position
I was laid off because my "position was being eliminated." However, 2 weeks after I left the company, I was told by ex-coworkers that my boss hired someone in my place to perform my same job duties (t... applies to California  ·  2 answers

Can I quit with a contract?
I have signed a contract to work for a specified time (July 2001-June 2002) for a specific salary, otherwise the contract was very brief and non-specific(one page). Does New York at-will override this... applies to New York  ·  1 answer

Denial of severance due to needs of business?
Hi, my son applied for a voluntary separation package which was offered to employees by the company he works for. He was denied due to needs of the business although others were accepted. He was told ... applies to New York  ·  1 answer

Can a requirement to re-pay a relocation assistance be enforced contractually if the offer letter states none of the letter is to be construed a contract in California
I accepted a job in northern California. In the company's offer letter they offered a relocation assistance. They further required that it be repaid if I left prior to one years employment. The letter... applies to California  ·  2 answers

pay cut
dear mel, two questions for you. 1.my boss recently informed me that i do a great job but he demoted me and cut my pay. do i have to accept this cut and if i quit, would i possibly be eligible for une... applies to Texas  ·  2 answers

Is a non-compete still valid if the terms of original contract are changed and I refuse to sign new
I am a subcontractor and signed a contract to do some work for a certain compensation. The company wanted to change that compensation and sent a new contract to do so. I refused to sign the new contra... applies to Pennsylvania  ·  2 answers

Non-Compete only for Employer/Employee?
Hello - I plan to purchase items from a wholesaler in CA for retail resale on a major internet auction (I am located in TX). It has been recommended that I require the wholesaler to enter into a "non ... applies to Texas  ·  2 answers

2 Agreements - Consideration
I have a non-compete w/ my former employer. It is fairly restrictive. I signed it 1 year after joining the company. There was no raise, promotion, etc. tied to the non-compete. How does FL law view co... applies to Florida  ·  1 answer

he fired me because he cant yet fire my huband?
my husband is the manager where we work,3 weeks ago we got a new gm.he caame to the shop with the owners and in the office he told me that he was the body gaurd.he denied it when i told my husband..so... applies to Illinois  ·  1 answer

when is severance pay due in california? i'm growing impatient....
i was promised a month's severance. it's been over a month since i left. when is severance pay due to an ex-employee? i signed a release but i think i'm being led around by my nose.... applies to California  ·  1 answer

Can my employer cut my pay to minimum wage if I quit
I did not give my 2 weeks notice I was just wondering if it is legal or not to do if its not stated in our employee handbook? applies to Ohio  ·  1 answer

Is my 1 year non-compete enforceable
I work for a staffing agency and have a non-compete that says I’m restricted from working in the US in competition with my current employer for a period of 12 months. I’m based in New York and in ... applies to New York  ·  1 answer

RIF and pregnancy discrimination is this right?
In February of this year the job that I was hired for went down and was “supposedly” going to start back up in April of 2020. I asked my manager if I could take an voluntary layoff (I had just fou... applies to Georgia  ·  1 answer

My employer did not win bid, contract ends, they state they do not have to pat accrued pto time
New contractor will be taking over on May 21st. Our contractor states they will not pay our pto time that we have already accrued. Is this legal? applies to Pennsylvania  ·  1 answer

Do I have a case against my non-compete?
I am employed by a small executive search firm with 5 members. I am one of three revenue producing members. My practice specialty is different than that of the other two revenue producers, one of whic... applies to Illinois  ·  1 answer

Can a employer deduct from your hourly wage every time you are late for work?
My Hourly wage used to be Twenty dollars a hour, now it's Twelve dollars and forty cents. I work a split shift six days a week, so I basically go to work twelve times a week. Now my employer has alway... applies to California  ·  1 answer

Employment Contract Restrictive Covenant
I work for an IT Consulting firm. The contract that I signed upon taking the position contains a Restrictive Covenant that, in turn, contains a section stating that: during my employment and for a per... applies to Ohio  ·  1 answer

Position eliminated in merger - Am I entitled to severance?
I am a female executive in a company that is about to make a major acquisition. I was notified on Friday that as part of this acquisition, my position is being eliminated and my product line dropped. ... applies to Pennsylvania  ·  1 answer

Do you have to pay all exempt employees overtime?
Most of the employees at my work are considered "exempt" from overtime. If some of the exempt employees are paid overtime, while the rest of us are not paid overtime, is there a law that prevents the ... applies to Texas  ·  2 answers

Non-Compete After Transfer to New Company
I signed this agreement when I began work with Company "A". After six months as a salaried employee I moved to doing freelance (i.e., 1099) work for them. I worked for them consistently under that cap... applies to New York  ·  1 answer

Unions and mergers
I work as a RN in a local community hospital.In Jan 2002 a merger was completed with another local hospital. Now the CEO is telling us that we are part of their exisiting Union.Despite protest from th... applies to New York  ·  1 answer

Employer terminated the employment contract before the contract was up, what should I do now?
I had started my job with my former employer in the July and we signed a employment contract for 9 months, however, this week my employer told me that they do not need my services in the present capac... applies to Texas  ·  1 answer

If my employer keeps an order secret and dose not pay commission, is my employment contract nullifid
An order was received, processed and delivered from my territory. The fact that the order was received and delivered was, at first, kept from me. When I discovered the order, I was told that I did not... applies to Texas  ·  2 answers

I was terminate do in Georgia for absenteeism no call no show for 3 days but I did call the company number that has an answering machine for employees to call when there going to be out because I went to work @ 6 am so most time management isn't there but
I never been warned are wrote up for absenteeism but the supervisor said I was a no calls no show for 3 days while I was hospitalize for at least 4 days and I have the doctors excuse and hospitals adm... applies to Georgia  ·  1 answer

Can a general release override the terms of a Non-compete agreement?
The non-compete agreement states employement will continue indefinitely until terminated by either party with two weeks notice. I was laid off without any notice nor was payment made for the two weeks... applies to South Carolina  ·  1 answer

Can a non-compete clause be enforceable if my distributor's area has changed?
When first being hired by my company, I signed a non compete listing counties that the non compete was held to. If my employer no longer has the distribution rights to many of those counties and areas... applies to Pennsylvania  ·  2 answers

Legaility of severance contract conditions
I have been employed at the same bank for 15 years and due to a recent merger which would force me to travel much further, I have declined the new position offered and accepted a severance package whi... applies to Texas  ·  1 answer

Can my employer make me sign a no compete agreement that breaches the terms of my contract
My contract specifically states that within the first three years of my employment I can not work with some of the employers customers. After I left my previous job to join this employer, he made all ... applies to Florida  ·  1 answer

Is it unlawful to retaliate/fire employee who blewwhistle w/o knowledge of companywrogdoing
I was terminated from position on Nov 4th/10 for "not being a goodfit", not understanding my job responsibilities and for telling a Manager ( whom my company has a contract with) that a procedure for ... applies to Massachusetts  ·  1 answer

Hello, my name is Elizabeth, I am a Licensed Massage Therapist in Michigan. Was recently let go from position as an independent contractor(I paid my own taxes). I believe I signed a non compete. I can not get a hold of my file. If I did sign, is it enforc
Is non compete enforceable for massage therapist as independent contractor in Michigan? applies to Michigan  ·  1 answer

Geographic Limitation
I will be freelancing and my non-compete from a previous employer has a geographic limit of 60 miles. Does this apply to where I live, where the client is located or both? In other words, if my client... applies to Ohio  ·  1 answer

non-compete Ann McK
I have a non-compete contract that states if teminated,I will not be employed for 6 mos.in any territory that I functioned on behalf of the Co. @ any time during the last 12 mos. preceeding terminatio... applies to Texas  ·  1 answer

I work for a home health care company and only work for one specific client. The client is going to drop this agency I work for and is trying to get all of the nurses to sign with the new agency she has chosen. We all signed a non compete agreement. it sa
We (the nurses) got a letter from the prospective employer stating that we have nothing to worry about and we can go to work for them and not worry about a law suit. The current company sent us a lett... applies to Pennsylvania  ·  3 answers

Sign a non-compete or be terminated
Is it legal in the state of Florida for an employer to fire an employee for refusing to sign a non-compete form? I have worked for this company a year and now they are all but threatening to to fire m... applies to Florida  ·  1 answer

freelancing while you have a full-time job
I work for a national trade magazine and freelance for local papers and magazines as a second job (since magazine editors don't pay much to start with). I've been doing it for more than five years. Re... applies to Ohio  ·  1 answer

My employer owes me $50K and terminated my contract
I have a employment contract with my employer. He terminated the contract without cause,and has informed me that he was not going to pay $50,000 commissions he owes plus other compensation. What would... applies to North Carolina  ·  1 answer

What information is needed to find out if a non-compete agreement would apply to my husband?
My husband was hired by Company #1 in FL, 13 years ago. (He was trained elsewhere.) Company #1 was then bought by Company #2 about 11 years ago, while we were still living in Florida. Somewhere along ... applies to Ohio  ·  1 answer

After 33 years of employment and shareholdership, I am being asked to sign an employment agreement
I am employed by an old company (1933) that has been through several different types of ownership including a management buyout 25 years ago, and the creation of an ESOP 6 years ago. We have a new pre... applies to Pennsylvania  ·  2 answers

i need your help please read
ive been working for a company for 18 years.title-operations manager,the last 5 years.my boss became very ill in 1999.at that point ,his secratary stayed on ,and i ran his company. its only she and me... applies to New York  ·  1 answer

if a position is being eliminated shouldn't there be a severence offered
My position is being eliminated, but there has been no mention of severence. Is this legal? FYI - I am an 'at weill' employee. applies to California  ·  2 answers

Can this be a case?
I worked for a company which was unionized. After 4 yrs and 9 months of working I along with others were laid off stating lack of work. Went on unemployment and then found another job 2 months later. ... applies to New York  ·  1 answer

Changing vacation after prerequisite worked/absorbing a year's vacation
The company I work for has in it's employee handbook stated that after working a year and one day of the next, the employee will have so many weeks of vacation available to them (amount dependant apon... applies to Florida  ·  1 answer

Can management reduce my commission under a signed contract?
I have a signed contract for fifty seven percent commission. I have worked for five years at this salon and management reduced my commission to fifty three percent. Is this legal in Pennsylvania? applies to Pennsylvania  ·  2 answers

Company making employees pay for shortages
I work in a cash advance place in Ohio. We deal with large amounts of money and are sometimes short at the end of the day balance. Our company makes us pay with our personal money to make up shortages... applies to Ohio  ·  1 answer

discrimination
What is the statute of limitations in Ohio for filing against an employer who made promises several times (President Level) of a promotion within a specified timeframe and then did not do so but promo... applies to Ohio  ·  1 answer

Can an employer with hold pay for vacation days taken in Jan if I quit in March?
Started work in March 2015 and received a salary. My letter of offer says, 10 days of paid vacation. I took 7 days of vacation in January 2016. I recently found a new job and I gave notice to leave Ma... applies to New York  ·  1 answer

Can I use vacation and personal time that is unrelated to my FMLA within the same 12 month period?
Hello. I have about 3 months vacation time saved up and 4 months sick time. I plan to take 12 weeks FMLA leave at the end of this year. I want to take a vacation this spring and have more than enough ... applies to New York  ·  1 answer

Which Contract Controls?
I was a highly valued employee for a large media company for 12 years. During that time, it had three different owners. For ten of those years, I had a contract that clearly stated that if I were term... applies to Maryland  ·  1 answer

Is an employer allowed to change their mind after the fact about severance allocation?
When I was laid off, I opted to take a severance package rather than be placed on a recall list. I asked my employer twice whether the payments would be counted as lump sum or allocated over several w... applies to Michigan  ·  1 answer

Severance pay due if outsourced
I am employeed by CSC and work at a client site in Horsham PA. I was notified on Oct 31st that my position is being outsourced to a company named CC-OPS with my last day to be Nov 10th. I am promised ... applies to Pennsylvania  ·  1 answer

Validity when there are multiple non-competes
We recently hired someone who's former employer is threatening to sue him and us for violation of his non-compete. He was hired out of college by a large national firm in their scientific division whe... applies to Ohio  ·  1 answer

If an employer misrepresented job, do I have to pay back moving costs?
I recently took a job as a sr. manager with promise of being promoted to Dir. with in 6 months to a year. When I showed up at work the person who hired me was fired. They placed me under another perso... applies to Pennsylvania  ·  2 answers

I am a 47 year old male
3 months ago my CEO took me to lunch and ask told me my job was secure and not to look for another position. Last week they dismissed me without cause after 6 years of proven success. They have offere... applies to Georgia  ·  2 answers

Can I be denied severance pay if I accept a position that is not comparable with my current package?
My company has lost the support contract with the company I have supported for 20 years+. There is another company that has won the contract. My company does have a standard severance package that all... applies to Florida  ·  2 answers

salary cuts
The school I work for is cutting all employee salaries by 6% starting next month. We all have written agreements which state our salary for the year. Is this legal? applies to Pennsylvania  ·  1 answer

Firing employees to not give retention bonus
The company I am working for is outsourcing my job to India. As a part of the layoff, they have offered retention bonuses. I have signed the retention bonus contract. All of a sudden 2 months later, t... applies to Arizona  ·  1 answer

Liability of new ER in regards to hiring ee with non compete
Does an employer have any liability if they know of a non compete agreement that an applicant has and they hire the applicant anyway. I know it is bad business of course but I am trying to explain wha... applies to Ohio  ·  1 answer

severence pay
An employee did not follow proper safety procedures on a "field" job. He was told about this and a disciplinary action form was created and he signed it. Then he threw his keys, company ID, etc. on th... applies to Pennsylvania  ·  1 answer

Required to repay relocation if job is different than agreed?
I'm an at will employee of a North Carolina firm, working in St. Louis, MO. When I agreed to join the firm, my employment was contingent upon my signing a contract stating that I would repay the firm ... applies to North Carolina  ·  1 answer

my stop payment
I was working for a firm in Fifth ave 47th st. on july 2nd i told my employer that i am quiting my job and gave him a 30 days notice. my status there was H1 visa. In return he got wild on me and start... applies to New York  ·  1 answer

Do We Have The Possibility Of A Case In Which To Negotiate/Sue For Severance Pay?
Hello- In advance, we'd like to thank the attorneys who take the time to read and answer this query. Our company has recently filed for Chapter 11 bankruptcy. Our location was one of many announced as... applies to Pennsylvania  ·  2 answers

Can an employer request a non-smoker and scent free employee?
Can an employer request that prospective employer be a non-smoker and scent free if the position is working in an controlled enviroment (clean rooms). Or is this something that can not be asked due to... applies to California  ·  1 answer

Can an employer cut my hours if i go on an interview?
Recently i came into work dressed up after meeting with a recruiter and since this incident my hours have been cut sometimes a low as 8 hours a week from a normal 40 hours. I was told by my shift lead... applies to California  ·  1 answer

1 month notice for termination of conract
I signed a contarct which says either party can terminate the contract by giving 1 month notice. It also says that I cannot work for their clients for 1 year from the date of termination. This company... applies to Texas  ·  1 answer

New York State Employment- My employer is advising that if we were to take PTO on a Friday (4/9) and they mandate OT on the Saturday (4/10), we must either work that day or take PTO as it is a mandated work time. Is this legal?
We were told that if we take PTO on a Friday and that Saturday is mandated, we are required to work even though we have taken the prior day off for a long weekend applies to New York  ·  1 answer

Contract language for terminating the agreement
Reading, PA. I about to sign a contract. Does the following terminology from the termination section of the contract mean that I have to stay the full time even in an "at will" state? 'Termination by ... applies to Pennsylvania  ·  2 answers

Can a company offer severance and then take the offer back?
I work for a company in New York(an at will state) that has restructured. They changed my job spec but said they would retain me in the new structure. Unfortunately the rest of the team was told they ... applies to New York  ·  1 answer

Breach of Contract?
Let me start by saying that I posted once already and was responded to very helpfully, thank you. I think we've reasonably established that I have not signed a non-compete form. So my new question is,... applies to Pennsylvania  ·  3 answers

My HR Office at my place of employment did not tell me that I would be charged 7 days of personal time prior to my FMLA starting back in January 2017 and no documents that I signed stated I would be charged these days either. Can my HR office legally char
On the 19th of Jan 2017 I went out on FMLA for 12 weeks because I had ACL Reconstruction surgery in my left knee. I am a salaried worker so my 12 weeks off was paid for by my company. I returned to wo... applies to New York  ·  1 answer

I have been a permatemp for 7 years, is this legal?
hi, I have been working for an appliance company in Los Angeles, CA. for 7 years. They have me filed as a temporary employee. My pay check from the company says A&S temp. Which is a company owned by t... applies to California  ·  1 answer

Legally tied to my employers tuition retention agreement if they are sold?
My current employer paid for my MBA, and with that, I signed a tuition refund retention agreement for four years after the last tuition paid. I work in Ohio, but, the contract I signed stated "This Ag... applies to New York  ·  1 answer

At Will Employment and No Notification of Firing
I am a waitress in Ohio and had an argument with my boss about his sister-in-law and her favoritism techniques in doing our schedules and gossiping to other employees. I was, subsequently, taken off t... applies to Ohio  ·  2 answers

Is a verbal agreement between a CEO and an employee of the company binding?
I am on an international training that will benefit the company. I discussed it with my CEO severally and he agreed to pay me a portion of my salary and for me to work part time. Also, he asked me to ... applies to New York  ·  1 answer

Training replacement after being laid off
My company is relocating the accounting dept and we are all losing our jobs. However 80% of my job is now going to be kept here in the office I now work in but they asking me to train someone else her... applies to All States  ·  1 answer

Can I be forced to sign a Non-compete / confidentiality agreement?
I am paid as and considered a 1099 contractor by the company I am working for. They do not withhold any federal taxes or provide any benefits. Other than the way I am paid, they treat me as an "employ... applies to Florida  ·  2 answers

I don't want false and damaging statements in my file.
My manager at work has attempted to issue me a written warning that will become part of my permanent personnel file. The document states that she monitored a telephone conversation between myself and ... applies to New York  ·  1 answer

What are my rights to keep false statements out of my personnel file?
My manager at work has attempted to issue me a written warning that will become part of my permanent personnel file. The document states that she monitored a telephone conversation between myself and ... applies to New York  ·  1 answer

Bench policies for consulting companies
I was living in NC when I received an offer from a consulting company in NY. Before accepting the job, I made sure to cover issues (verbally and through email) such as the 'bench' and what would happe... applies to New York  ·  1 answer

Non-compete clause validity
I work as a H1-B employee for a small to medium sized software consulting firm based out of New York. This company has a contract to provide profesisonal services to another organisation in Rockville,... applies to Ohio  ·  1 answer

Non-Compete Question
I have a question about a non-compete agreement (that I believe would be helpful in your DB). We hired a girl about 3 months ago to help us get a clothing line off the ground. She had a non-compete (t... applies to New York  ·  1 answer

Ex-employer telling others not to hire me.
I was recently laid-off from my job. There are many other employees that are below me as far as seniority and they are still employed with the company. Is there a law on the order that employers shoul... applies to Ohio  ·  1 answer

Is there anything anybody can do for me? I am desperate at this point!
I have been at Blackhawk Network for over a year now. I worked for Anna Lockhart and she was a good boss. Then there was no more need for me to be at that position and I was transferred under Bertha M... applies to California  ·  1 answer

No non-compete, CA employer, NY client... ?
I have been working as a full-time employee of an IT consulting firm based out of Southern California, however I live in New York City. I did not sign a non-compete clause specifically, but I did have... applies to New York  ·  1 answer

first step with wrongful termination when less than 15 employees
I was wrongfully terminated in retaliation for complaining about unlawful discrimination-I gave written notice to my boss explaining my intent to quit in 15 days if he didn't show some willingness to ... applies to Arizona  ·  1 answer

Can I get my vacation pay?
I resigned from my position. I received final commissions, but no accrued vacation pay. I asked verbally to the owner 3 times and then in writing. I got a pesponse that said that vacation had to be us... applies to Ohio  ·  1 answer

I have purchased a business.
I purchased a business from a family. The son and grandson of the people I purchased my business from have opened an competing business in the same city. The son has contacted several of my customers.... applies to California  ·  1 answer

Waiting period to rehire?
I was recently terminated from my job. I was told the termination was not based on performance but that the position was eliminated due to a reorganization in the department and my skills did not fit ... applies to Ohio  ·  1 answer

my last emplyer of 45 days reduses to pay me my last weeks salary bc I left
I worked for approx 45-60 days and found a better paying w/benefits job. so I gave an approx weeks notice. but it was very uncomforatble so it ended up being 3 1/2 days. they were mad so they are refu... applies to Florida  ·  1 answer