Answers Posted By Neil Rubin

Answer to i signed a non compete agreement with the company i currently work for but ive been offered a new job with a different company doing the same line of home health nursing care, however the nurse that interviewed me was a former employer from my current com

If you read the archives in the answers of this website you will see that it is my opinion that non-competes come from the Devil's Workshop. They are fraught will all sorts of traps. Before you take this job I strongly suggest that you and your prospective boss engage an experienced attorney to review the actual language of the contract and advise you. As I have written many times before, do not mess with this matter. It could rise to bite you.

posted Mar 10, 2015 1:34 PM [EST]

Answer to Discrimination gender and race

You may have the makings of a gender discrimination lawsuit and under certain circumstances emotionals and punitives may be available. However, these cases are very fact specific, long and involved. Further, there is no calculation for emotional and punitive damages. You should contact an experienced employment lawyer for a consultation. As for filing in common pleas or federal court there are both positives and negatives for each jurisdiction. Again, an experienced lawyer can evaluate the options and guide you.

posted Oct 23, 2012 12:20 PM [EST]

Answer to Can an employer discriminate in severance situation for being a great employee?

"Discrimination" in the employment context means you suffered an adverse job action BECAUSE you are a member in a protected class (race, age, disability, gender, religion, national origin).

Quite simple,the circumstances you describe is not discrimination. Being a "great employee" is not a protected class so your employer is not required to offer you a severance.

posted Jun 5, 2012 5:18 PM [EST]

Answer to Patterns of dishonesty

It is possible that the non-compete could be found unenforceable by a court because of the facts you state, however it's a touchy situation. It would be crucial to obtain written policy on bonus payments as well as evidence that the employer is not following the policy.

Moreover, if your employer is playing games with the books in contravention of their tax filings, the IRS will want to know.

This situation requires consultation with an attorney.

posted Dec 14, 2011 10:26 AM [EST]

Answer to non-compete of former firm when family business was client


I agree with you in certain respects. This specific language of the agreement must be analyzed for "reasonableness". It does not sound as if this agreement is reasonable. An employment lawyer must review the actual agreement to be able to lay out a plan.

posted Dec 10, 2011 07:40 AM [EST]

Answer to Can your nursing license be revoked due to a breach of non-compete/ non-solicitation clause?

Huh? I agree with Bruce. Sounds like your employer is making things up to control you. Your company can not "fine" you. Time to get an attorney.

posted Dec 10, 2011 07:36 AM [EST]

Answer to Can going to arbitration worsen my position ?

Arbitration has its positives and negatives. The scope of your question is beyond the MEL forum. I advise you to read the MEL archives on non-competition and to engage an attorney to advise you specifically. As I have written many times before, non-compete agreements are strewn with trapdoors for the employee. Do not mess with this by yourself.

posted Dec 10, 2011 07:33 AM [EST]

Answer to non-compete compliance

Please read the MEL archives on non-competition. This will give you a good idea about the Ohio law and its current interpretation. Also, I agree with Bruce. You should engage an attorney to give you an opinion about the specific agreement because the language of the agreement itself is of great importance. Good luck.

posted Dec 10, 2011 07:28 AM [EST]

Answer to Does a breach of contract cause the whole agreement to be voided in arbitration?

Again, as I have written so many times before (see non-compete archives), a non-compete in force is a trapdoor for the employee. As Bruce wrote above, you certainly have arguments against the enforcement of the agreement if you get sued, but the real trick is not getting sued in the first place.

Hire a lawyer to give you a professional opinion.

posted Dec 2, 2011 08:22 AM [EST]

Answer to Can an employer accomodite 2 employees sched. for childcare & deny 1 who has child w/diabetes?

You may have what is known as an FMLA interference claim. This would be a lawsuit filed in federal court if your employer does not rectify the situation. However, much more information is required. Engaging a local employment attorney is indicated.

posted Nov 29, 2011 3:00 PM [EST]

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