Answers Posted By John Otto

An attorney needs to look at your offer letter to see if it can be enforced as a contract. If it can, and, if part of the consideration for the non-competition clause was that you would get paid the bonuses set out in the letter, then you would have a good argument that the non-competition clause can not be enforced.

answer to Can I fight the non complete clause posted Jan 28, 2012 3:51 PM [EST]

With respect to the unpaid commission, you should send her a Wage Collection Act demand letter by certified mail, return receipt requested. Then, if you have to sue to get the commissions, the employer has to pay your attorneys' fees. With respect to the W-2, she still has another week. If you haven't received it, contact your employer to make sure she sent it to the right address. If she refuses to send it, contact the IRS to file a complaint. Here is an IRS link that tells you what to do:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html

answer to What actions can be taken to get unpaid commission? posted Jan 25, 2012 10:48 AM [EST]

Well, the first question is whether you are considered disabled under the law. If you don't fit the rather narrow definition of being disabled, then you're not entitled to accommodations. I don't know what your injury is, but the way you describe the restrictions leads me to believe it is some kind of back problem. The federal courts have said that most back strains are not disabilities. If you are disabled, then you are entitled to a "reasonable" accommodation if the employer can do so without undue expense. What is "reasonable" depends on the circumstances. I doubt that requiring a co-worker to be nearby while you are working in a skilled nursing facility would meet the requirements of reasonableness. Ultimately, a court would decide whether the accommodation you want is "reasonable." Be aware though that disability cases are very hard to win.

answer to Is my employer required to make accomodations should i fail my Fitness for Duty exam? posted Jan 23, 2012 11:45 AM [EST]

To be enforceable a non-compete agreement must be reasonably limited in time and geography. The time seems reasonable, but you might have a basis to attack it on the grounds that 200 miles is not reasonable. I cannot give you a definitive answer without more facts. You should see an attorney in your area for specific advice on how to proceed.

answer to Is there a loop-hole in this non-compete? posted Jan 7, 2012 5:13 PM [EST]

Very interesting question. How long ago did you sign it? Do you now want to leave or do you want to keep working? If you're leaving, then by all means send a letter stating you are revoking your agreement to the non-competition clause because you never received the consideration for it. If you want to keep working, that's a sure way to get fired. You'll have an evidentiary hurdle if the case ever gets to trial since you acknowledge in writing that you received the money. How do you prove that you didn't receive it?

answer to Is this non-compete enforceable? posted Jan 6, 2012 9:51 PM [EST]

I wouldn't count on the non-competition clause being unenforceable if you sign it. It's limited in time and geographic area, two of the most important factors in evaluating non-competition agreements.

answer to Non-competite clause in new job offer posted Dec 19, 2011 2:17 PM [EST]

To answer this question definitively, it would be important to know what your job is and whether it could be dangerous for you to work with certain prescription medications. Certainly, unless the employer has a legitimate need to know, they can't require you to give that information just because they're curious.

answer to Employer's right to medical information posted Dec 14, 2011 2:27 PM [EST]

Like the other two lawyers who have given "answers", I believe there are too many unanswered variables in your question to give you an answer without looking at your documentation. The exact terms of the offer letter would be important, as well as the length of time between the offer letter, when you left the company and when you started trying to get your shares.

answer to If an employer promises stock options in an offer letter, are they obligated to follow through? posted Dec 14, 2011 2:24 PM [EST]

Can they sue you? Of course, anyone can sue anyone for anything. Will they win? Probably not, but without knowing whether you walked off with proprietary information about their customers; what kind of business it is, etc. one can't say for sure. As the other responder has said, you need to talk with a lawyer about the specifics of your situation. That's the problem, of course, because talking with a lawyer will cost you money and the former employer is hoping that their huffing and puffing will scare you into backing off. Maybe your company will help provide you with a lawyer.

answer to former employer wants to sue me, not my existing employer, for non-compete agreement. Can they? posted Dec 8, 2011 2:46 PM [EST]

Bear in mind that I haven't seen the agreement, and a definitive answer would depend on reviewing it. However, your Separation Agreement and Release probably has a provision in which you give up the right to sue under the Age Discrimination Act. That law requires any agreement in which an employee gives up its rights under the Act to have in it a provision giving the employee the right to back out of the agreement within 21 days after signing it. So, that paragraph is saying they will start paying after that time period has elapsed in order to guard against the possibility that they could pay you money and then you would back out of the agreement. The paragraph is very common in separation and release agreements.

answer to What does the term "rescission period" mean in a severance package? posted Nov 17, 2011 11:23 AM [EST]