Answers Posted By Neil Rubin

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.

answer to Patterns of dishonesty posted Dec 14, 2011 12:26 PM [EST]

Okay,

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.

answer to non-compete of former firm when family business was client posted Dec 10, 2011 09:40 AM [EST]

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.

answer to Can your nursing license be revoked due to a breach of non-compete/ non-solicitation clause? posted Dec 10, 2011 09:36 AM [EST]

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.

answer to Can going to arbitration worsen my position ? posted Dec 10, 2011 09:33 AM [EST]

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.

answer to non-compete compliance posted Dec 10, 2011 09:28 AM [EST]

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.

answer to Does a breach of contract cause the whole agreement to be voided in arbitration? posted Dec 2, 2011 10:22 AM [EST]

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.

answer to Can an employer accomodite 2 employees sched. for childcare & deny 1 who has child w/diabetes? posted Nov 29, 2011 5:00 PM [EST]

I have but one thing to add. Do NOT file a charge of discrimination with the Ohio Civil Rights Commission. If you do, you will limit your legal options. Good luck.

answer to What if they hire a younger person to take my job and want to transfer me to a different job. posted Mar 30, 2011 7:11 PM [EST]

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

Certainly the owner of the shop is way out-of-line in his treatment of your son but it is not illegal. The boss can be rude and fire anyone for any reason. (The are some exceptions). What I don't understand is if your son pays a monthly rent for a chair he is a tenant, not an employee. Further, if your son purchased and owns the equipment, his boss can't keep it. This constitutes theft. You may want to consult with an attorney to evaluate the status of the relationship your son has with this owner.

Regarding the lack of receipts for the rental, a call to the Ohio Department of Taxation to file a complaint will get some action.

answer to Does my son, a barber, have a case against his employer for firing him. posted Feb 17, 2011 5:23 PM [EST]

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

I would agree with Bruce in that if you consult with an employment lawyer, this person can assess whether or not your husband's FMLA leave was administered correctly by his employer. (eg. applied it equally among all the employees, counted the time correctly, or used other PTO in lieu of FMLA). And then suggest options to perhaps convince the employer to keep him on.

Since this is a very important issue in your lives a consultation is indicated.

answer to What if your medical condition requires a longer absence than the 12 week FMLA allows? posted Feb 17, 2011 5:02 PM [EST]