Answers Posted By Bruce Elfvin

Whether or not you can rescind a resignation will be determined by the facts, the practices and the customs of the employer. If you resign under duress you need to be very clear about this or you will end up with no job and no benefits from unemployment. The presence of any lawsuit in the courts is a public record that can be located by anyone looking for it.

You really need to take all of this to an employment attorney with the documents. More than likely as an at-will employee the employer is free to allow the resignation to stand.

You can select an attorney near you at: www.oelasmart.net/directory

answer to My boss bullied me into resigning. Is this constructive discharge or wrongful termination? posted Aug 31, 2010 1:49 PM [EST]

It is unclear from your question whether or not there was a break in service between the contract with the non-compete and "the permanent" employee status. I agree that seeing an employment lawyer near you is important. I would make sure you get all the dates and the agreements to an employment lawyer to review.

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

answer to I signed a non compete posted Aug 30, 2010 10:09 AM [EST]

The major difficulty you will have is that the actual person who did the change probably isn't worth pursuing. the employer has an obligation to correct this and should promptly. When it comes to defamation an employer enjoys a qualified immunity and unless you can show that management did the publication, they will have wiggle room to escape. You should see an attorney if this is not addressed to your satisfaction this week.

You can talk to an employment lawyer near you by going to www.oelasmart.net/directory

answer to My name on the schedule has been changed to something offensive, does this fall under defamation? posted Aug 26, 2010 10:09 AM [EST]

Technically legal but hardly reasonable. 150 hours of work in 3 weeks is about 10 hours of overtime in a week. Increasing this to perform 150 hours of work in 2 weeks is probably legal, if they pay the premium time and a half, but will require 75 hours per week or 35 hours of OT each week. As a computer programmer, even if called salaried, you are probably non-exempt for purposes of OT, so do the work and keep track of your hours. Then go see an employment lawyer near you and discuss whether you are truly exempt or non-exempt. Even for 2 weeks this could be a large bill.

You can select an employment lawyer at www.oelasmart.net/directory

answer to can an employer demad an exept employe o wrk 150 hours in 10 days posted Aug 25, 2010 1:50 PM [EST]

I can only assume that the claim you refer to is you unemployment claim. Rolling over your 401k into an IRA should have no impact on your unemployment benefits. Even if you later take some distributions on the 401k.

I do not know what attorney you spoke to but your questions fall within a combination of areas. An employment attorney near you should know enough about unemployment to assist you if you need help.

You can select an attorney at www.oelasmart.net/directory

answer to how will a 401k distribution effect an UN-opened claim posted Aug 5, 2010 09:08 AM [EST]

I think that the claims are not very clear cut. The official of a company cannot tortiously interfere with the employment of an individual with the same company. Defamation is not as straightforward as it may seem. An employer has a qualified privilege with respect to communications received related to matters that the employer has a legitimate interest in related to an employee. Even if the allegations prove to be false the person acting on the statements will have qualified immunity.

You should find an employment lawyer near you to discuss your situation with in detail. You can select one near you at www.oelasmart.net/directory

answer to Does an employee have a case of tortious interference, defamation or slander? posted Aug 4, 2010 1:56 PM [EST]

Your understanding is generally correct and an employer would have problems defending this counting of money outside a pay period against the minimum wage. The difficulty will come on how often it happens and do you want to take action. Every day events from 3 years ago disappear unless you have already filed in Court. You may have to see an employment attorney near you to discuss this.

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

answer to I am in the auto sales industry posted Jul 27, 2010 8:25 PM [EST]

I am not familiar with EUC so I can't help.

answer to IRA WITHDRAW WHILE ON EUC posted Jul 27, 2010 1:06 PM [EST]

Paul from the sound of your description you need to talk to an employment lawyer and also collect information in advance of the discussion by collecting for your attorney all of the information that you believe supports your statement that (VP wanted a younger guy) The issues raised will be significant and you should also do your best to seek new employment while you consider your legal options.

You can select an employment attonrey near you at www.oelasmart.net/directory

answer to My boss said I resigned. I did not resign. Do I have any rights. posted Jul 26, 2010 09:40 AM [EST]

The logic of your position is clear and should prevail, however, in an exercise of caution it would seem to be easy to merely write to the former employer and note that you are being asked to do something that they could not do and you do not see it as a problem. Ask them to contact you promptly, if they believe there is an issue.

This will get the question to a head quickly or get you the right to go after this work.

answer to Can a non-compete prohibit providing non-competitive services to a former client posted Jul 21, 2010 10:20 AM [EST]