Answers Posted By Roger E. Kohn
Severance packages - cont'd
To further clarify my previous answer, if an employer has a severance plan, then the employer must follow that. See "severance pay" under FAQ.
answer to Duration of Severance posted Apr 26, 2008 03:28 AM [EST]
To further clarify my previous answer, if an employer has a severance plan, then the employer must follow that. See "severance pay" under FAQ.
answer to Duration of Severance posted Apr 26, 2008 03:28 AM [EST]
Severance packages
In Vermont, there is no law requiring a specific severance package. This is negotiable between the employer and the employee. The employer has the legal right to offer no severance pay at all, but then the employee need not sign any release or agreement that the employer proposes, and retains the right to sue if the employee was terminated illegally. However, there are only very specific circumstances where termination is illegal.
answer to Duration of Severance posted Apr 26, 2008 03:23 AM [EST]
In Vermont, there is no law requiring a specific severance package. This is negotiable between the employer and the employee. The employer has the legal right to offer no severance pay at all, but then the employee need not sign any release or agreement that the employer proposes, and retains the right to sue if the employee was terminated illegally. However, there are only very specific circumstances where termination is illegal.
answer to Duration of Severance posted Apr 26, 2008 03:23 AM [EST]
Response to retaliation question
Whether or not what you describe is retaliation, if you are "employees at will" there is no reason why your employer cannot act in this manner. In Vermont, you can be fired (and the employer can act as you describe) unless you are unionized, an employee handbook prohibits what the employer is doing, or you fit in one of the other exceptions provided by law. See my articles at
http://www.kohnrath.com/practiceareas/employment-law.htm
answer to Is this retaliation posted Aug 21, 2007 04:03 AM [EST]
Whether or not what you describe is retaliation, if you are "employees at will" there is no reason why your employer cannot act in this manner. In Vermont, you can be fired (and the employer can act as you describe) unless you are unionized, an employee handbook prohibits what the employer is doing, or you fit in one of the other exceptions provided by law. See my articles at
http://www.kohnrath.com/practiceareas/employment-law.htm
answer to Is this retaliation posted Aug 21, 2007 04:03 AM [EST]
Breach of your employment contract
I might be interested in handling your case on a contingent fee basis (a portion of what you receive), but you are quite far away from me. If you call me at 802-482-2905, perhaps I can recommend an attorney.
Roger Kohn
answer to Breach of employment contract posted Mar 25, 2007 11:38 PM [EST]
I might be interested in handling your case on a contingent fee basis (a portion of what you receive), but you are quite far away from me. If you call me at 802-482-2905, perhaps I can recommend an attorney.
Roger Kohn
answer to Breach of employment contract posted Mar 25, 2007 11:38 PM [EST]
failure to grieve union contract violation
If you fail to grieve a union contract violation within the grievance period, I think you lose the right to do so under the contract.
If you requested that the Union file a grievance and it failed to do so, you might have a claim against the union, but that is a more complicated issue.
answer to Do you need to grieve to have rights under a union contract posted Nov 4, 2003 9:54 PM [EST]
If you fail to grieve a union contract violation within the grievance period, I think you lose the right to do so under the contract.
If you requested that the Union file a grievance and it failed to do so, you might have a claim against the union, but that is a more complicated issue.
answer to Do you need to grieve to have rights under a union contract posted Nov 4, 2003 9:54 PM [EST]
receiving bonus after termination
Whether you are entitled to the bonus depends on what the "deal" was with your employer. This is a very grey area - the question is whether a court will find that you were promised that you would recive a yearly bonus. If you would like to discuss your case, give me a call.
Roger E. Kohn
Kohn & Rath
P.O. Box 340
Hinesburg VT 05461
802-482-2905
www.kohnrath.com
answer to company keeping my bonus posted Aug 8, 2002 12:18 AM [EST]
Whether you are entitled to the bonus depends on what the "deal" was with your employer. This is a very grey area - the question is whether a court will find that you were promised that you would recive a yearly bonus. If you would like to discuss your case, give me a call.
Roger E. Kohn
Kohn & Rath
P.O. Box 340
Hinesburg VT 05461
802-482-2905
www.kohnrath.com
answer to company keeping my bonus posted Aug 8, 2002 12:18 AM [EST]
quitting
Neil,
From what you describe, it is possible your employer could sue you, but this would be most ususual. If you would like to discuss your situation, give me a call at 802-482-2905
Roger Kohn
Kohn & Rath
answer to employment at will when the employee quits posted Jan 23, 2002 6:48 PM [EST]
Neil,
From what you describe, it is possible your employer could sue you, but this would be most ususual. If you would like to discuss your situation, give me a call at 802-482-2905
Roger Kohn
Kohn & Rath
answer to employment at will when the employee quits posted Jan 23, 2002 6:48 PM [EST]
contract temination
I agree with the previous responses, particularly the response of Brenda Franklin Rodeheffer. This sounds like a very strange contract provision. No one can force you to work, but their can be penalties for failure to abide by a contract. Of course I do not know Pennsylvania law.
answer to contracts, Pennsylvania posted Jan 22, 2002 05:02 AM [EST]
I agree with the previous responses, particularly the response of Brenda Franklin Rodeheffer. This sounds like a very strange contract provision. No one can force you to work, but their can be penalties for failure to abide by a contract. Of course I do not know Pennsylvania law.
answer to contracts, Pennsylvania posted Jan 22, 2002 05:02 AM [EST]
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