Answers Posted By Bruce Elfvin

Although the language probably is not limited, I would think that working as an LPN would not violate this non-compete as a sales manager, unless you are required to find patients for the institution you will be working with. Even if the non-compete states a penalty of 3 years wages, the courts in Ohio only enforce a non-compete to the extent it protects the legitimate interests of the employer. I would do something simple, like send a short note to the prior employer telling them that you have changed occupations and will not be in sales in the future.

I recommend that you see an employment lawyer near you, you can select one at: www.oelasmart.net/directory

answer to Can I apply for work as a LPN if I signed a non compete as a Community Relations Specialist posted Feb 3, 2012 1:54 PM [EST]

I know that there are many companies that require hairnets or hats of some sort. I believe some of these are rules promulgated for Pure Food and Drug purposes. I believe that some regulations require coverings, but I cannot point to the exact rules, it doesn't come up very often.

If you need a direct answer you may have to see an employment attorney and ask this as part of a consultation. You can find and employment lawyer near you at www.oelasmart.net/directory

answer to is there a law about using hair nets or other coverings in food industry? posted Feb 1, 2012 4:50 PM [EST]

Your question raises a panoply of questions. I often have wondered how you can hire a person, claim that they independent contractors and then force them to sign a non-compete. So, as a matter of law non-competes are not per se illegal, but must be tailored to meet the actual needs of the employer. In addition material breaches of your contract with the employer may give a sufficient ground to declare the entire agreement void.

So, see an employment lawyer and go through the entire scenario. You can select one near you at www.oelasmart.net/directory

answer to The company I worked quit paying me (a 1099 contractor). Am I still locked in the non-compete clause posted Jan 19, 2012 10:45 AM [EST]

Even though you may have been in the right by speaking to the manager privately the first time, there is nothing in your description of your issue that would identify an issue of illegal conduct. Even though offensive, being a workplace neaderthal in and of itself is not and does not create a discrimination claim.

If you want to discuss your situation in detail, contact an employment attorney near you. You can select one at www.oelasmart.net/directory

answer to Can bullying an employee be considered as discrimination? posted Jan 19, 2012 09:39 AM [EST]

This will generally be determined by the ODJFS based upon how it views the payments. If it appears to be continuing compensation then you should not be surprised if the ODJFS turns you down. If it is viewed as payment for a release then you may get benefits. So, apply be accurate in your description of the payments and see what they do. I do not believe a payment of 25% of the bonus weekly for a period of time will disqualify you from the bonus.

answer to My company is closing down and has offered severance and 25% stay on bonus weekly. posted Jan 18, 2012 3:44 PM [EST]

First, file for unemployment and see if they give it to you. You do need to make sure that you are clear that you did not resign. Second, get your information together and as much as you have on OT worked and see an employment lawyer. Unless you are in a totally exempt occupation the OT may actually be a good sum. You need to talk to someone who will look at FLSA claims. Any potential claim related to a sexually hostile work environment can be explored in an initial interview.

You can talk to Stuart Torch in my office, 216.382.2500 or search on line at: www.oelasmart.net/directory

answer to Can I be fired because I heard my boss yell that I was an f---Btch and I called him on it? posted Jan 13, 2012 4:43 PM [EST]

Under the FLSA and Ohio law an employer must pay for work that they direct or suffer to be performed. Unless you were told when you reported that you were not scheduled and showed up and were told not to work the employer will more than likely owe the 1/2 hour of pay. The only kicker would be the statutory exemptions which do not seem to apply.

You need to see whether the employer will correct this and if they are doing this to everyone now, you may want to consuld an employment attorney who does wage and hour or FLSA cases.

You can select one near you at www.oelasmart.net/directory

answer to Is it legal for my employeer to dock my pay? posted Jan 12, 2012 09:36 AM [EST]

Vacation days are not granted nor generally regulated by statute. An employer, by requiring that vacation be scheduled only in 1 week blocks is not seeing the real picture. There may a history in the company on this, but it is at least something to talk about with the boss.

The logic of your position should allow this to beomce a discussion and not an argument.

answer to Can my boss make me take my vaca. days off only by the week & not by the days? posted Jan 6, 2012 12:04 PM [EST]

You do not have any formal rights, such as FMLA, however, this does not mean you will be terminated. I am assuming that the surgery is not from a work related injury that requires Workers Comp leave. If my assumption is correct, then you should talk to the employer/owner and see how much they will accommodate your missing time. You need to know what kind of rehabilitation time you require to have a good discussion related to the job you do for the employer.

answer to What are my options other than FMLA if there are under 15 employees where I work? posted Jan 4, 2012 09:42 AM [EST]

I know that there are detailed regulations on the FMLA issued by the Department of Labor. I am familiar that an employer can require an employee on FMLA to use accrued sick days and vacation days to cover FMLA leave, I do not do workers comp matters, so I cannot answer this inquiry without reserching the regulations. Somehow, my impression is that Workers Compensation time off is a little different than FMLA leave.

Call an employment lawyer. You can find one near you at www.oelasmart.net/directory

answer to Is time off on approved worker's comp claim counted as FMLA time as well? posted Dec 31, 2011 12:36 PM [EST]