Answers Posted By Theresa Pfeiffer

Answer to Mis-classified employee?

yes, probably

janet is right, of course. i would call her as she is in so. cal. employers want to classify e/ees as exempt cuz it's cheaper; if they once classified you as non exempt, that almost surely should be your classification as they do not committ themselves to overtime lightly. call janet.

posted Oct 29, 2001 10:26 AM [EST]

Answer to Threatening not to pay me if I don't sign

no sign, no pay = illegal

they can't not pay you if you don't sign and continue working, but they can fire you for not signing, if they want to go that far. These days many companies are eager to have their employees covered under an arbitration agreement -- cuts their legal costs, plus the judgments are usu. smaller and there is no right to appeal. (If you do go to arb., they will have to apy all the costs peculiar to arb and in excess of those you'd pay going to court, no matter what the contract says.) you can call their bluff, if you are sufficiently sure of your position with the company to do so. But if you put in the time, they have to pay you.

You might want to agitate your state representatives for a change here to outlaw the use of arbitration agreements in employment situations.

t. pfeiffer, los gatos, tlplaw@home.com

posted Sep 22, 2001 3:53 PM [EST]

Answer to Gender-biased Discrimination

Is the Pope Catholic?

You need to see someone in your geographic area.
I'm in Los Gatos, Ca.
Terry Pfeiffer
408 354-8384



posted Aug 31, 2001 6:58 PM [EST]

Answer to Requested to Sign Non-Compete Agreement Upon Quitting

non-compete

No.

posted Aug 21, 2001 2:07 PM [EST]

Answer to At-will employment, stock option vesting acceleration, termination without cause, change in duties

stock benefits

you are right to worry. I would add specific language to the agreement to make it clear that this agreement does not affect current stock options, e.g., "Such modification does not affect any rights or obligations either party has under the [name of stock option agreement] signed [date it was signed]. Also, get a local employment lawyer to review the language you choose. Ask any lawyer that you pick if he or she is a member of CELA or NELA (preferably both).

posted Aug 21, 2001 12:52 PM [EST]