Answers Posted By Abraham Goldman

Answer to Employer fires at will to avoid paying BIG commisions

Fired to avoid commissions

This is obviously wrong. It breaches your contract. It is bad faith. It may be a wrongful termination....but the biggest point is clearly the very large unpaid commission. Were you the "procuring cause"...did you get the business on your efforts? Are you an in house salesman, or a commission rep? There are special laws protecting reps. that might apply. Also, the promise to pay may have been fraudulent when made. Are there other reps/slesment that were treated the same way?
Lots of ways to look at this, but the bottom line is that it is wrong, and they should pay you.

I have done these cases for over 23 years....represented over 150 salesmen & reps in many industries. Have a very similar case going right now.

Call or email for a free consultation and my firm resume. I am in Northern California, and take good cases anywhere

Abraham Goldman
800 945 9446
agoldman@succeed.net

posted May 21, 2001 4:59 PM [EST]

Answer to Wrongful termination, discrimination and retaliation

Wrongful termination, discrimination,retaliation

"Blacklisting", "blackballing", and such ilk are illegal under a number a statutes, and also comprises a pernicious form of slander and defamation. It is all too common; partially because it is very hard to get hard evidence it occured. But it can be done, with a fast and aggressive investigation...memories fade very fast in this type of matter.
This can be from ill will, and it sometimes is an extended form of retaliation and/or discrimination...employment "hate crimes", as you will. Or sometimes the former employer is just a sociopath & enjoys hurting people...odd, but sometimes true.

Call me if you would like an initial telephone interview/evaluation at no cost.
Abraham Goldman
800 945 9446

posted May 15, 2001 12:05 PM [EST]

Answer to Discrimination/wrongful termination

Discrimination/Wrongful Termination

Dear Mr. Moore:

The answers above just about say it all...a good lawyer now has to be consulted with more details on:

1. What is the discrimination you perceive?

2. What is wrongful about your termination, other than the lies & B.S. excuse?

Happy to talk to you for no initial charge....24 years experience in this area. In Northern California.

Abraham Goldman
800 945 9446

posted May 14, 2001 7:15 PM [EST]

Answer to medical leave retaliation / discrimination

medical leave retaliation / discrimination

You mentioned "grievance"....is this a union contract matter? If so, you need to be on top of your union asap and always.

In any event, if you are trying to represent yourself, you have to be totally & completely firm and on top of all matters every step of the way, because when they see you trying to represent yourself, you will get pushed around, ignored or worse.

Call everyine involved every day until you get an answer, keep a log of the delays, and document it all in letters, fax's and/or emails.

If the delay goes on, you may have grounds to claim the arbitration has been waived & be able to take your case to court with a jury, where you want to be anyway.

Also, be very careful that any delay does not interfere with any applicable statute of limitations. Did you file with the DFEH and/or EEOC? Do you have a right to sue letter?

Feel free to email or call.

Abraham Goldman
agoldman@succeed.net
800 945 9446

posted May 10, 2001 5:21 PM [EST]

Answer to Whistle blower/discrimination

Whistle blower/discrimination

I have had cases like this before....the key thing is for you to document what happened and everything else that comes down after. Keep a diary starting now, & write down everything that has already happened. Write a note to your supervisor documenting what they told you about the admission & ask that it be put in your personel file. Write notes to the same effect to the people you made the original complaint to and to HR & ask these be made part of your file and the file of the person who made the remark. If you are really uncomfortable, ask in writing to be transferred and state the reason why.

This way, its not just "your word against their's".

Call me if & when you need help. Abraham Goldman 800 945 9446

posted Apr 24, 2001 11:16 AM [EST]

Answer to Breachment, Non-Compete Agreement

Breachment non-compete

This sounds rather complex, and needs a lot more explanation to fully understand.

The bottom line, though, is that is this is all centered in California, the California Courts are rather hostile to noncompete agreements. It sounds like the H1b company will have a hard time looking good to a Court if they manipulated your resume. Also,if you took the job on reliance that your new employer had such a hiring agreement with the H1b company, you may have a right to require them to indemnify you.

Please call me if you wish a consultation.
Abraham Goldman 800 945 9446
(Northern California)

posted Apr 24, 2001 11:08 AM [EST]

Answer to Foreign state non-compete

Foreign state non-compete

It's a complex question, but the bottom line is probably that they would have to sue you in CA, or at least try to enforce an injunction against you in CA, so CA is the more likely place to consult a lawyer.
But there is also more to it than that....the non-compete agreements may have a choice of venue...where can they sue, that might control.
Another thing to look for is that there is usually standard contract language in most contracts that voids automatically any prior contract provisions...starts fresh, so to speak. The second CA contract may override the earlier MA one.

Be happy to look this over for you Abraham Goldman 800 945 9446....Northern CA.

posted Apr 24, 2001 10:58 AM [EST]

Answer to Non-compete as a sofware consultant

non-compete

Yes, you probably would be buying yourself a lawsuit, or at least the risk of one.

Probably the best practical way to handle this is to have the employer negotiate a waiver of the non-compete with the agency...they have the leverage here, if the agency wants to keep doing business with them.

Abraham Goldman

posted Apr 7, 2001 1:27 PM [EST]

Answer to Company owner sexually harasses and discriminates

Company owner sexual harassment

You & the other women don't have to take this abuse. There seem to be very stong grounds here for a hostile environment case. This is a classic situation where the owner just is out of control.
One person filing a case can make the difference; if more join in, the better. A jury can stop this by awarding substantial damages, and the law gives a judge the power to enter an injunction.

I have handled many such cases & would be happy to help.

Abraham Goldman

posted Apr 7, 2001 1:20 PM [EST]

Answer to job "handed" to unqualified employee without posting

job "handed" to unqualified employee without posting

Generally speaking, no. But quite often this can be part of a discrimination scenario....perhaps the company targeted the position for one sex only.

Also, different rules may apply if the company is a government contractor subject to some still existing eeo requirements.

Abraham Goldman

posted Apr 6, 2001 7:41 PM [EST]