Answers Posted By Carol Oshana

Answer to Do I have a case against my non-compete?

Noncompete

To properly answer your question, an attorney would need to see the language of the agreement and the circumstances surrounding the signing of the contract. Note, however, that the contract must have come with some benefit associated with it, it must have a time limit, and it must contain a geographic limit. However, some states (like Michigan) are pro-noncompete agreements and are more inclined to uphold these contracts. If you are in Illinois, you have a right to see your personnel file under the Illinois Personnel File Review Act. The contract should be in your file. If it is not, write your employer's HR dept. and ask to obtain a copy of it. Then take the copy to an attorney in your state and ask him or her to review it for any potential challenges.

posted Aug 5, 2003 10:12 PM [EST]

Answer to Quitting job based on salary misrepresentation, is it "just cause"

Just cause

Is there a written contract? When your employer hired you, did they give you a base and a percentage of commission? (I'm afraid your question makes me want to ask more questions.) Have they altered the terms of the commission or base since your hire?

As it pertains to collecting unemployment, typically when an employee quits, he or she may not collect unemployment. There are exceptions to this rule, however. Futhermore, there are minimum time limits that one must work for a company in order to be eligible for unemployment, and it depends on the state you are in. Please follow up with an attorney in your state for a proper consultation.

posted Aug 5, 2003 10:06 PM [EST]

Answer to buisiness advice, terminating unfair hire legally

Termination

That all depends on a lot of factors. Does she have a contract? Is she an at-will employee? Is she in a union? Does your company have an employee manual? The question you raised is important and to answer it properly, I need further information. Please follow up with an employment attorney. You may contact me at 312-372-8822, as for Carol Oshana, or find one in this website. Try to select one in your state.

posted Jul 10, 2003 6:49 PM [EST]

Answer to Discrimination/Retaliation/Harassment - pick one......

Harassment

Wow, you've been through hell and back, it seems. The answers to your questions are complicated. I need more information; did you have an employment contract, do you think your employer was harassing you because of your race, sex, disability, age, sexual orientation, and what does the employee handbook say about leave, how long had you worked there, how many employees are there in this company? These are just a few of the questions I need answered. Number two, yes you should seek legal counsel. Three, I don't know if you have a potential case, I need more information.

Please seek counsel in the state where you were working. You can contact me if you worked in Illinois.

I hope your health improves.

posted Jun 19, 2003 1:40 PM [EST]

Answer to Non-Compete Length of Service

Noncompete

No required amount of work time is needed to have a binding noncompete agreement. It is just dependent on the language of the contract. I would advise you, however, to refrain from signing any non-compete agreements. I have yet to meet any employees who are left benefitting from these agreements.

posted Jun 7, 2003 2:20 PM [EST]

Answer to Can an employer change their mind about eliminating your position after giving you a letter?

Revoke an offer

An employer may revoke an offer of employment, but you may have a claim based on the breach of the employment contract. It depends on the language of the contract. Further, severance agreements should be reviewed by an attorney, but generally if you sign the agreement, then you are likely waiving your right to sue the employer. However, please consult an attorney since the language of the contract/letter is very important.

posted May 7, 2003 7:20 PM [EST]

Answer to Non-compete

Noncompete

There are three possible consequences; your employer could threaten to sue you and not actually do so; your employer could sue you; your employer could ignore you. The important question is whether your employer could win a lawsuit against you. Please contact my office for consultation on this contract, as I would have to read it in its entirety to give you an answer. If you would like to contact me, please call Horwitz, Horwitz & Assoc., 312-372-8822 and ask for Carol.

posted Apr 30, 2003 8:23 PM [EST]

Answer to Release of information

Termination

To be safe from libel suits, employers should give out the date of hire, date of last day at work, and their title. Perhaps this is a bit extreme, but it's economically better to avoid any suit, even if it's frivolous or likely to be dismissed at the outset.


posted Apr 23, 2003 11:00 AM [EST]

Answer to Hostile work environment

Retaliation

Other factors such as race, disability and age can constitute hostile work environments. For instance, if an African American is harassed about his race, then that can constitute a hostile work environment. Forms of retaliation include demotions, terminations, and any negative impact on the workplace that can be linked with a protected activity, such as whistleblowing or filing a workers' compensation claim.

posted Apr 11, 2003 10:09 AM [EST]

Answer to Lack of non-compete

Go for it

If you never signed a non-compete agreement, then I would go ahead with your plans. A non-compete, even if signed, must come with some sort of compensation or benefit (other than simply keeping your job), and must be limited in time and distance (such as within 5 miles of the employer). In this case, if you never signed one, then you are free to compete with your employer. But I suggest you retain a lawyer just to look at those contracts you did sign, just to be on the safe side.

posted Mar 12, 2003 08:22 AM [EST]