Answers Posted By Daniel H. Schneider

Answer to If an employer lies to an applicant during the job interview/hiring process what can be done?

You may have a claim for misrepresentation or promissory estoppel. However, in order to determine this I would need to see the specifics of your offer of employment (ex: offer letter), and I would also need to know what you gave up by accepting the position (ex: stable employment with another company, or another offer of employment). I would also want to explore with you the specific language used in the representations by your employer. Further, I would want to know if there was any particular reason that you could not travel that might create a separate claim or need for accommodation (ex: disability).

Please feel free to contact me by telephone at (203) 874-0030. There is no charge for initial consultations.

Very Truly Yours,

Atty. Daniel H. Schneider
Milford, CT
(203) 874-0030

posted Nov 28, 2012 7:54 PM [EST]

Answer to How can an employer, funded by the government get away with violating laws?

I am not sure that I fully understand your question. Please feel free to contact me to discuss your situation at (203) 874-0030. I will look forward to hearing from you.

Very Truly Yours,

Atty. Daniel H. Schneider

posted Oct 30, 2011 6:50 PM [EST]

Answer to worked for a major bank for 17 years-(I was a Vice president) was terminated but received no severen

In general, severance is not required by law in the absence of an agreement to the contrary. However, if there is evidence suggesting that the reason that your employer terminated your employment was illegal, then you may be able to negotiate a settlement with your employer including a severance type recovery.

If you are interested in discussing your potential matter with me, Please feel free to give me a call at (203) 874-0030. I do not charge for initial consultations.

Very Truly Yours,

Atty. Daniel H. Schneider
Daniel@Schneider-Law-Firm.com
(203) 874-0030
Schneider Law Firm, LLC
Milford, CT

posted Apr 26, 2011 10:12 AM [EST]

Answer to 90 day Non-compete. Can I get out of it-I am an independent sales rep

In general under Connecticut law, a non-compete agreement is enforceable if it reasonable as to length, geographical scope, and type of position that you are prohibited from performing.

I should say two additional things. Different states, and especially different countries may have different criteria for enforcement of the agreement. Especially as to other countries, even if Connecticut would not enforce a provision, or even if you got a judgement from a Connecticut Court saying the provision was unenforceable, another country's courts might still enforce the agreement and ignore the US Courts (especially if your employer is not located in the US, so that it could not be bound by an injunction not to sue you elsewhere to enforce the agreement, for instance).

Further, even in Connecticut other factors might influence whether a Connecticut court would enforce the agreement, such as why you left your former employer.

I would be willing to discuss with you the issues of your non-compete agreement further. I can be reached at (203) 874-0030. My e-mail address is: Daniel@Schneider-law-firm.com. I do not charge for initial consultations.

Very Truly Yours,

Atty. Daniel H. Schneider

posted Feb 22, 2011 10:57 PM [EST]

Answer to Employee No-Hire Clause

The Answer to your question will depend upon the specific terms of the non-compete agreement. However, even if the non-compete agreement prohibits it, if there is an agreement between the three company's allowing it for the sitation (an agreement between company c and A or between B and A that it will not enforce the non-compete, which could be in A's advantage if it will have no more work and have to lay you off, thus being charged with your unemployment compensation benefits), then you may be able to go to company C.

If you want, you can contact me and we can discuss your matter in more detail. I do not charge for initial consultation.

However, depending upon its length, for me to fully review the non-compete agreement and analyze its enforceability, may go beyond the initial consultation. But, I would only charge you if you agreed to be charged in writing.

You can reach me at (203) 874-0030.

Very Truly Yours,

Atty. Daniel H. Schneider
Schneider Law Firm, LLC
Milford, CT
(203) 874-0030

posted Feb 16, 2011 1:45 PM [EST]

Answer to Are restrictive covenants enforceable two years after the expiration of contract?

To give an opinion regarding whether you can get out of the restrictive covenant, I would need to review it and probably interview you. Generally a court in determining whether to enforce such a provision will look at whether it is reasonable as to the type of employment, geographic restriction, and time restriction.

Also, you seem to indicate that the contract that it was a part of has expired. Depending upon the contract's language, this also making the covenant not enforceable as to you.

Please feel free to contact me so that we can discuss your situation in more detail.

My telephone number is (203) 874-0030. My e-mail address is: Daniel@Schneider-law-firm.com. I do not charge for initial consultations, but I would have to charge to fully evaluate the covenant and render a definitive opinion regarding its enforceability; or to enter into negotiations with your employer concerning the covenant.

Very Truly Yours,

Atty. Daniel H. Schneider
Schneider Law Firm, LLC
Milford, CT
Daniel @Schneider-Law-Firm.com
Telephone: (203) 929-0030.

posted Feb 5, 2011 1:55 PM [EST]

Answer to 2 Weeks Notice - company terminated me

You employer may not be able to withhold commissions already earned, and this may be a violation of Connecticut wage and hour laws.

Unless you have an agreement with your employer to the contrary (including by way of a union contract), they generally can terminate you at their will and not allow you to work the 2 weeks notice. However, when an employer terminates an employee in Connecticut after the employee gives notice and the employer does not pay the notice period, then the employee may be eligible for unemployment compensation although they quit.

I would be happy to discuss your situation in more detail to see if I can be of assistance to you. my telephone number is: (203) 874-0030. I am located in Milford, Connecticut. Please feel free to contact me. I do not charge for initial consultations if I decide to meet with you.

Very Truly Yours,

Atty. Daniel H. Schneider
Schneider Law Firm, LLC
(203) 874-0030
Daniel@Schneider-Law-Firm.com

posted Feb 4, 2011 10:21 AM [EST]

Answer to Being out on medical leave and returning can they not honor your availability you were hired with?

Dear Sir or Madam:

From the facts you have described I cannot be certain whether your employer has violated your rights.

For instance, for an employer to be covered by the Connecticut FMLA the employer must employ 75 or more employees. It is unclear whether your employer employees that many employees, however, the Connecticut FMLA does provide for leave up to 16 weeks of qualifying leave every two years, and generally requires that a covered employer reinstate the employee to the same condition with the same terms and conditions of employment.

The Federal FMLA applies when an employer employees 50 or more employees within a 75 mile radius of the potentially protected employee's place of employment. It only provides up to 12 weeks of leave. But, it also requires an employer to reinstate an employee to their original position with generally the same terms and conditions of employment as when the employee left. As you indicated that you had used 12 weeks of leave, it is unclear whether you had exhausted the allowed leave for Federal FMLA protection.

I also note that if an employee would not have been employed even in the absence of the leave, that neither the Federal or State FMLA provides protection. Thus, if the employer has such a slow down in work that you would have only been employed at 25 hours per week, or would not have been employed when your Doctor released you to work, you do not get more rights from being on FMLA leave.

However, you may have additional rights beyond those provided by the Federal and/or State FMLAs. For instance, your condition appears to be serious enough to constitute a disability. Connecticut law prohibits discrimination against a disabled employee and requires reasonable accommodation for disabilities. It generally applies when an employee has 3 or more employees. Also, a Federal law, the ADA, applies to employers of 15 or more employees. These statutes may provide you with additional protection beyond the Federal and State FMLAs.

You also did not indicate whether the condition that caused your injury was work related. If it is related to your work, then you may have additional rights under the Connecticut Worker's Compensation Act.

I also note that if you had an agreement with your employer (either express or implied from such documents as an employment manual), or if you are a member of a union, that you may have additional writes under your contract or collective bargaining agreement.

I should note that, although I do not want to place any pressure on you, that employment law claims frequently have short filing deadlines. For instance, Connecticut FMLA claims and discrimination claims must generally be filed within 180 days of when you were discriminated against.

Please contact me if you want to explore your situation in greater detail. I do not charge for initial consultations.

My telephone number is (203) 874-0030. My e-mail address is Daniel@Schneider-Law-Firm.com. I am located in Milford, Connecticut.

Very Truly Yours,

Atty. Daniel H. Schneider

posted Nov 28, 2010 2:54 PM [EST]

Answer to After resignation, can I still utilize an intermittent FMLA benefit?

Dear Sir or Madam:

In general I do not know of any reason, that in of it self, providing your employer with a notice of your resignation should affect your right to utilize FMLA leave from the time that you provide notice until the resignation date in your notice. Now, once you give your resignation notice many employers will not allow an employee to work their notice period, which the employer can do. If the employer does not generally allow anyone to work their notice period then it can do that to you, even if you were on intermittent FMLA, but it cannot single you out for your use of FMLA leave in determining not to allow you to work your notice period.

Your notice of resignation may affect the damages that you could recover for an FMLA violation, as it will be argued that you employment would have ended anyway by the effective date for your termination. As far as vacation pay, the requirement to pay it on termination depends upon the employer's policies, but they should not be able to discriminate against you for using FMLA leave. On the other hand, an employer is allowed to require that an employee's FMLA leave be paid by accrued vacation or sick leave instead of being unpaid, if the employee has available leave.

If you want to discuss your particular situation in more detail, please feel free to contact me by telephone (203) 874-0030. You can also reach me by e-mail at Daniel@Schneider-Law-Firm.com. Please note that I do not charge for such initial consultations.

Very Truly Yours,

Atty. Daniel H. Schneider
Schneider Law Firm, LLC
(203) 874-0030
Daniel@Schneider-Law-Firm.com
Milford, CT



I would be willing to speak to you

posted Oct 6, 2010 10:20 AM [EST]

Answer to Can a supervisor demand an employee to work an extra 8 hour shift ?

I forgot to give my office telephone number. It is: (203) 874-0030.

Very Truly Yours,

Atty. Daniel H. Schneider

posted Jul 3, 2010 5:51 PM [EST]