Answers Posted By Scott Leah

Answer to I've been employed 10 plus yrs with a company. Last year they had to increase my pay to bring me up to what the new hires were started in at. Are there any laws governing salary for long time employees? Thank you!

No. Salaries are a private matter between the employer and the employee (or the employer and the employee's union if there is a collective bargaining agreement). So long as you are at least the minimum wage, it is between you and your employer how much you are paid. Essentially what the employer is willing to pay you to do the job, and what you are willing to accept to do the job.

posted Aug 27, 2018 05:36 AM [EST]

Answer to Relocation Bonus repayment

If your employment contract was silent as to any repayment obligations, and there is no separate relocation agreement that provides for repayment, then your employer will have a hard time getting the money back from you. They would perhaps have to prove some oral agreement or understanding with you.

That said, it is hard to justify your keeping a relocation allowance that they gave you when you voluntarily left the job so early. Seems the right thing to do would be to repay them, although you may not be legally required to do so.

posted Jul 2, 2018 05:08 AM [EST]

Answer to Can my former employer enforce the non compete agreement?

Generally yes, as you describe that you will be working within the restricted area, during the restricted time, doing the same or very similar work to what you were doing for your old employer. There are other issues that should be considered, such as whether the noncompete provision was supported by adequate consideration, whether the employer breached any contract or agreements with you, whether some of the customers were your customers prior to working for the former employer, whether that geographic distance is reasonable, whether that length of time is reasonable, etc. I urge you to take your noncompete, and any other agreements you had with your former employer, to an experienced employment law attorney for a full review and advice.

posted Mar 26, 2018 04:50 AM [EST]

Answer to I'm an exempt employee. I've already worked 45 hours for the week and I want to leave 2 hours early on Friday. My HR person says they will take 2 hours off my PTO bank to cover the 2 hours I leave early. Can they do this or can they only take my PTO time

An employer is entitled to set the work day and the work week. If your work day is an 8 hour day, and you are scheduled to work Monday through Friday, but want to leave 2 hours early on Friday, it does not matter if you worked 10 hours each day Monday through Thursday. You are still leaving work 2 hours early on Friday.

Your employer is therefore entitled to deduct the 2 hours you leave work early on Friday from your PTO bank.

posted Feb 23, 2018 12:36 PM [EST]

Answer to My non compete letter from 6 years ago as part of the job offer which I accepted lost a different position than the one I was hired. I have never officially nor unofficially held that title. It is similar in nature but not the position I have. Does his in

A small change to your actual title will likely not effect the enforceability of the agreement. However, a significant change in the terms and conditions could.

It is unusual for a noncompete to be in an offer letter. Was this a letter you had to sign and return accepting the job?

I suggest you have an employment attorney actually take a look at this document for you and give you advise. There could be other issues that an attorney would only know by looking at the document itself.

posted Feb 7, 2018 09:52 AM [EST]

Answer to Does a recent e contract supercedes a previous contract that had a relocation reimbursement clause?

That is a difficult question to answer without looking at the actual documents to see exactly what each document states. I suggest you take the documents to an employment lawyer and have them reviewed.

posted Jan 12, 2018 06:21 AM [EST]

Answer to I work in Pa. I receive monthly bonuses based upon performance. My employer overpaid 1 month bonus.

You should have to repay your employer the overpayment of 1 month's bonus.

To the extent that the employer withheld taxes from those wages, those were paid to the government on your behalf. You should reimburse the employer, but then receive a credit towards taxes paid when you file your tax returns.

However, for social security taxes paid, I am not sure you can do that. It may be that the employer needs to seek a refund of the overpayment of those taxes, at least the employer's portion.

I suggest that you consult with a CPA in order to determine who can seek a refund or credit for which taxes, which then will help you to know what amounts you need to pay back and what amounts you do not.

And yes, you need a specific breakdown from your employer of all amounts that they allege were overpaid to you or paid on your behalf to the government.

posted Dec 27, 2017 3:51 PM [EST]

Answer to contract renewal bonus payment after having left the company

If you did not earn the bonus, because you failed to comply with the terms for eligibility, then the employer may have a claim to recoup the money if it was paid in error.

To be safe, I would leave the money in the account for some period of time, in case the employer seeks to recoup it. If you don't hear from the employer after that period of time, you may be okay spending the money.

posted May 18, 2017 06:21 AM [EST]

Answer to Can my employer force me to leave early to get rid of overtime hours?

Yes, an employer has the right to set the work schedule, which includes the right to schedule employee so that they do not work overtime or have limited overtime. The law only provides that employees are entitled to overtime if they work over 40 hours in a week. You do not have the right to work over 40 hours in a week.

posted May 18, 2017 06:17 AM [EST]

Answer to Can i get paid for working 3 days at a job?

Yes, he should be paid for all hours that he worked for the company. While there are some deductions permitted from wages earned, deducting for the "costs of hiring" an employee is not one of them.

posted May 18, 2017 06:15 AM [EST]