Answers Posted By Anthony Cameron

Answer to How to work around a non compete clause

Oops,

There is no MEL lawyer in Lake County.

I have referred work to Kristin Case and Aaron Maduff and both are excellent. Either would be a good place to start. But, again, you'd be fine with any MEL attorney in the collar counties.

Every Good wish.

Tony Cameron

posted Nov 12, 2013 1:47 PM [EST]

Answer to How to work around a non compete clause

You have a little bit to work with here. Part of the adhesive nature of non-compete/non-disclosures is the uncertainty of outcome built into them. It is important to know whether you were paid anything specifically for the execution of the agreement, whether you gained any equity participation and what you gave up to come to this job. Do no skimp here. Find a MEL Lawyer, give that lawyer all the documentation and have a consultation. It even matters the exact location of your employer within Illinois because the Five Appellate Districts in Illinois are not in accord on a number of non-compete issues. Run, do not walk to a MEL (make sure it's a MEL) lawyer. Looks like you are in Lake County, probably smart to stay there with your counsel.

I'm no help. I'm 320 miles away.

All the best,

Tony Cameron
Quincy, IL

posted Nov 12, 2013 1:41 PM [EST]

Answer to my employer terminated me while on approved FMLA leave

Dates and the form of certain documents will be vital to understanding your case. IDOL does not generally review IDHR cases so your situation is currently difficult to understand.

I suggest you separate your documents by agency (do not mark on them) and put them in chronological order, by agency. You're going to need to consult with a skilled employment lawyer to understand your rights and options. Getting your documents in order and contacting a lawyer should be done quickly. Time may be critical.

I see you're in Normal, IL. There are excellent employment lawyers near you in Springfield and Peoria. There is even a fine firm with offices both places.

I'm 200 miles from you in Quincy. I would be glad to do initial intake for you at no fee but I couldn't get you in until early October. See if you can do better locally. At a minimum, you will need your FMLA forms from the employer, your Dr. submissions, Papers from and to IDHR and whatever it is you have from IDOL. Also, if you've applied to IDES for unemployment, counsel would want to see that.

Best Wishes.

Anthony B. Cameron
Quincy

posted Sep 16, 2012 12:45 PM [EST]

Answer to not able to leave facility on a unpaid break

Break Restrictions

As a general rule, break time is your time and your obligation is simply to be back at your work station, fit to continue, in a timely fashion.

There are numerous exceptions, too numerous to spell out. If you wear a uniform, the employer has a right to restrict the places that uniform is seen. If there is any chance of product contamination, the employer has a right to restrict your going into areas where there might be cross contamination. Perhaps under certain safety-related condidtions, the employer would be able to maintain an "on-premises" rule.

Moreover, if your employer is a government agency or municipality, the employer might have Homeland Security or anti-hostage reasons to restrict your movement on break.

In my experience, where an employer restricts movement on breaks, the employer usually provides an attractive alternative to off site locations, such as a cafeteria or a refreshment bodega.

Your question of general principle is almost impossible to answer in a way that gives you specific guidance for your case. For that you'd have to see a lawyer or union official at your locations.

If you want to add more specifics, I'll be glad to look back in here in a few days.

Good Luck.

Anthony B. Cameron
Quincy, IL

posted Jan 16, 2009 11:19 AM [EST]

Answer to DOCTOR WITH A NO COMPETE CONTRACT ISSUE.

PROACTIVE BUT NOT HASTY

No responsible lawyer can give you advice on the contract portion of this without reviewing the document. Still, there are some general principles of law that are important here.

If your money was mishandled, you have some tort claims and some quasi-contract claims. Your "partner" has some fiduciary duties to you.

You have some really interesting tort claims if he scotched your sale after his "first refusal." These would include Intentional Interference with Prospective Business Advantage, Conversion and may even some civil RICO claims (depending on your history with him and his with others). This is not simple stuff, as you've already figured out.

Finally, you may have the equitable defense of "unclean" hands available to you which might completely negate your non-compete. Nobody can give you a reliable opinion about that without a consultation.

I am 320 miles from you, too far to be of any real help.

My concept for you is that you probably need a local attorney and an employment law practitioner working together.

If you don't have a family attorney, I can refer you to one in a very nearby town. There are some excellent MEL member in Chicago.

DO NOT TAKE ANY ACTION UNTIL YOU TALK TO A LAWYER IN PERSON WITH YOUR DOCUMENTS. I wouldn't try to adjust my own spine. Don't try to be your own advocate. The initial steps will be critical.

My Sympathy,

Anthony B. Cameron
Quincy

posted Jan 11, 2009 7:15 PM [EST]

Answer to Employment Restrictions

INDIRECT NON-COMPETE/CODE

Well, this is one you don't see every day!

First you need to get from your employer every scrap of paper you signed or rec'd when you went to work there. You may have signed on to Cat's Code without even knowing it.

Second, understand you may be correct legally and still lose this one. Cat has the hammer over your prospective employer and nobody wants unhappy prime sources.

Third, as to resources. Illinois Institute for Continuing Legal Education has a fine volume and course transcript from a seminar on Non-Compete's.

Fourth, I think you are pennywise and pound foolish not to consult with a lawyer. There are several excellent employee rights firms in Peoria and you should loosen up and pay for a consult with one of them. There is a reasonable chance this can be resolved through modest corresponence. Once cat's legal department is involved, the source of this pronouncement may well sing a different tune.

Finally, in thinking about this, focus on what is called in the law "consideration". What did you get in exchange for "committing" to abide by this Employee Code? General rule, if the answer is "nothing," there is no enforceability because there was no meeting of the minds to enforce.

Good Luck. Email me if you want Peoria atty referrals.



posted Oct 29, 2008 5:30 PM [EST]

Answer to WHAT ARE MY LEGAL RIGHTS ?

THE "WHY" IS AS IMPORTANT AS THE "WHAT"

The law offers literally no protection from "boss-as-jerk". Is there something unique about you in terms of race, gender, age, religion, national origin, veteran status or sexual preference that has triggered this hatefest? Or perhaps you have pointed out some legal or regulatory problems in your workplace. There has to be a reason for this behavior.

Before you walk out the door, you should quietly obtain a consultation with a skilled plaintiff's employment lawyer. There are several excellent ones in the greater Peoria area. The way you leave could impact your rights to IDES (unemployment) benefits.

You really don't give us enough information about the write-ups to form any conclusions.

Anthony B. Cameron
Quincy

posted Aug 1, 2008 11:59 AM [EST]

Answer to Benefits Unreasonably Denied

Righteous Claim--Need Counsel

I'm three hundred miles from you and can't really do you any good. This claim is almost certainly winnable and maybe even subject to amicable resolution. It sounds like the HR person is hung up on "enrollment periods" but fails to appreciate that the employer is an agent of the insurer and the insurer is an agent of the employer. Sign up with one you've signed up with the other.

HR people tend to cling to "we've always done it that way" positions until Vice Presidents and legal departments dissuade them. If there is war, there is a federal law dealing with such employee benefits and their administration.

You need a MEL attorney for the expertise of understanding ERISA/PP Act and TO GET YOUR WIFE OUT OF A CONFLICT SITUATION WITH THE EMPLOYER. Run, don't walk, to a MEL attorney. This can be fixed before it goes completely stinky.

Good luck.

Anthony B. Cameron
Quincy

posted Jun 13, 2007 6:18 PM [EST]

Answer to Can i take fmla a day at a time when needed? employer says no week at a time only.

INTERMITTENT FMLA

FMLA can be taken intermittently but is for major life events. If your child has a condition that flares, it's hard to see where your Emp/r is correct. If you're just hedging against periodic flu or sore throats, that's another question. Also, there are some threshold things about your employer which may or may not implicate FMLA.

I'd walk a little softly for now and arrange a prompt consultation with the US Dept. of Labor.

I'm a fairly long distance from you so I recommend you find a MEL attorney nearer you.

Anthony Cameron
Quincy

posted May 16, 2007 9:58 PM [EST]

Answer to Is this non-compete enforceable?

CRITICAL DETAILS

Tina,

Somewhere in your agreement there should be a "choice of law" provision. It should read something like "The parties hereto do hereby agree that this contract/agreement/undertaking shall be construed under the laws of the State of (for example) Delaware"

Also, there may be an "arbitration" clause in the agreement where the parties agree to arbitrate rather than go to court.

Take a look for those two things, post them as a new question and I'll look back in a couple of days.

Anthony B. Cameron
Quincy, IL

posted Jan 23, 2007 5:15 PM [EST]