Answers Posted By Aaron Maduff

Answer to Definite Period Job Contract Reneged

Definite Period Job Contract Reneged

Its hard to tell from the information you have given. But if they made the offer and you accepted it BEFORE they reneged, particularly if you took some action in furtherance of it (e.g. starting work on a project for that six month period) there may be a breach of contract claim. But a contract does not exist until you accept their offer and they can revoke that offer at any time before you accept it.
Aaron Maduff

posted Dec 13, 2004 08:09 AM [EST]

Answer to Having a hard time finding a job.

Having a hard time finding a job.

While there is no claim under the usual employment laws, if you can prove that he is lying about you, you may have a defamation action. Inability to find work or loss of potential jobs could create a basis for significant jury awards.

posted Nov 8, 2004 08:32 AM [EST]

Answer to No Compete...if you were fired

No Compete...if you were fired

All of this depends on what the no-compete agreement states. Generally, they must be very narrowly tailored and more often than not, they are not valid for that reason alone. In addition, where there is some question, the burden is going to be on the company to pursue a case to defend it. You really need to review the agreement with us or one of the other fine lawyers listed on this site.
Aaron Maduff

posted Oct 29, 2004 09:36 AM [EST]

Answer to bonus pay upon termination

bonus pay upon termination

In many cases you can negotiate your severance claim in any event. Whether you can get bonuses depends upon your employment agreement.

posted Oct 20, 2004 11:19 AM [EST]

Answer to Non-compete Suit

Non-compete Suit

Non-compete agreements are difficult to enforce. They must be narrowly tailored to their purpose. Bormally, they are a contract wherein the employee is permitted to work for the company in exchange for the non-compete agreement (and other things). However, if part of the consideration (what you were supposed to get) is a transfer near home, it is also possible that the company failed to meet its end of the agreement. This is a close call and an attorney would have to see the non-compete agreement. You need to review the non-compete, your work with the former company, your current work, and the other agreements to know for sure. I highly reccomend that you contact us or one of the other fine employment lawyers listed on this site.
Aaron Maduff

posted Oct 18, 2004 2:03 PM [EST]

Answer to Non-Compete

Non-Compete

A lot depends on when you signed the non-compete and what it says. Generally, non-competes have to be very narrowly tailored to be enforceable. So there are a number of potential ways around their claim. But you really need to review the specifics of your work and the non-compete itself with an employment lawyer. You should call us or one of the other fine employment lawyers on this site.
Aaron Maduff

posted Oct 15, 2004 1:05 PM [EST]

Answer to what nullifies no-compete

what nullifies no-compete

First let me note that you have stated that you reside in a Midwestern State. Because we are licensed in Illinois I do not want to speak to the law of another midwestern state.
There are many reasons that your non-compete clause may not be enforceable against you and you could take the other positions. The key is that I would have to see the non-compete itself. But generally, non-competes have to be very limited in scope both geographically and temproally (length of time). In addition, if you bargained for something and did not receive what you were supposed to receive in return for the non-compete, that may also impact the enforceability of the agreement. Finally, the work that the company is doing and what you are doing for it may not be close enough to what you want to do to onsititute a violation of the agreement. You definately need to speak to an employment attorney and I urge to call us or one of the other fine employment lawyers on this system.
Aaron Maduff

posted Oct 11, 2004 09:29 AM [EST]

Answer to How do you define insufficient consideration?

How do you define insufficient consideration?

Because we are in an at will employment state and the employer can terminate you at any time, continued employment is usually sufficient consideration. But that does not mean that you don't have other possible remedies. The non-compete has to be reviewed. Non-compete agreements are only enforceable where they are reasonable in time and geography and reasonably necessary to the protection of the company. In addition, the company has the burden of proof if it sues you for violations. You need to have an attorney review this agreement with you and review what your situation is. You should contact us or one of the other fine employment lawyers on this site.
Aaron Maduff

posted Sep 23, 2004 09:04 AM [EST]

Answer to Consideration: (which we already have) access to trade secrets, customers, data, and good will.

Consideration: (which we already have) access to trade secrets, customers, data, and good will.

The fact that you have worked for the company for 8 years does not make a non-compete agreement that you sign now unenforceable if you sign it. Nonetheless, non-compete agreements have to be pretty narrowly tailored as a general rule or they will not be enforceable. Negotiating a non-compete agreement is a good idea if you can do it (we have done many) but in the end, because employment is at will and you can be fired any time for any reason or no reason at all, an employer can terminate your employment for refusal to sign a non-compete agreement. You should probably review the agreement and your specific concerns with us or one of the other fine employment lawyers on this site.
Aaron Maduff

posted Aug 12, 2004 08:40 AM [EST]

Answer to Unpaid Wages - Options

Unpaid Wages - Options

You need a judgment before you can file a lien against property. To do that you will have to file a claim in Court. However, you can serve him with a demand for wages under the Illinois Wage Payment and Collection Act, and if he should fail to pay you after a period of time, if you prevail in a lawsuit, he will also be responsible for reimbursing your attorney's fees. You should probably contact our office or one of the other fine employment lawyers this site.
Aaron Maduff

posted Jul 23, 2004 09:04 AM [EST]