Answers Posted By Anthony Cameron

Answer to Employer deducted

As Usual, Aaron's right unless.....

....The contract really does provide for you to morph off of salary and onto commission for a year and you have been there more of a year.

Aaron's essential advice to have prompt consultation with a lawyer who has and an opportunity to review all of your papers is right on the mark.

I have seen exactly your situation with a broker-owner who was foreign born. Once we raised the issue, he went to his own lawyer and found out we were correct and he abandoned the salary/bonus review conduct. It turned out it was more of a cultural thing than actual dishonesty.

If there are a bunch of people in the same boat, you could join together and share some atty. fees.

I doubt you can fix this yourself.

posted Jan 20, 2007 2:56 PM [EST]

Answer to Employment contract - severance agreement

Addendum

Above should have read "on or before" the next pay cycle.

Anthony Cameron
Quincy, IL

posted Jan 20, 2007 2:23 PM [EST]

Answer to Employment contract - severance agreement

Documents Critical

The exact language on of the document granting you this severance would be critical to an analysis. Without that, no responsible lawyer could give you much of an opinion about this.

The generic answer about when you're supposed to be paid any funds arising from your employment is that the employer is required to pay you on or before the next regular pay cycle following your departure.

The generic anwer to whether one can get atty fees and costs in a wage claim situation is that Illinois had a wage claim act which sets up the availability of costs and atty fees for a wage claim. Two cautions: First, you have to follow the Wage Claim Act precisely to be eligible; Second; if you signed a document waiving Atty fees and costs, your agreement may waive your right to recover fees and costs under the Wage Claim Act.

My overall take here is that, if there is a good deal of money at stake, you are on the verge of "taking out your own appendix". Find a MEL atty in Chicago and have a consultation.

You'll be glad you did.

Anthony B. Cameron
Quincy, IL

posted Jan 20, 2007 2:20 PM [EST]

Answer to Fired while on vacation because someone wouldn't come in?

A TWIST

As usual, Aaron's answer is the overall correct one. He's also right about the payroll implications of this activity.

You would have the right to file a complaint with the Illinois Department of Labor for back wages. They are quite helpful and have become more efficient in recent years. Unfortunately, their current policy is only one year of "lookback" wages. If nothing else, filing such a complaint could put you in a protected category and any termination could be deemed retaliatory. You should consult with an Employment lawyer before embarking on such a strategy but it's worthy of consideration.

One other practical consideration. It looks like you've tolerated this for a long time and probably griped about it for a long time. Sometimes, employments just develop an "Odd Couple" feature and go on for years, as long as nobody escalates the dispute. If you're satisfied with the nature of this employment, all things considered, you must consider the possibility that just continuing the dispute and the employment at its current personal level might actually be your best practical option. The law doesn't have a rememdy for everything in the workplace and every decision has its own cost/benefit analyis.

Good Luck.

Anthony Cameron
Quincy, IL

posted Aug 16, 2006 12:53 PM [EST]

Answer to Separation Agreement

NEVER, EVER SIGN A SEV. AGREEMENT.....

...WITHOUT HAVING A COMPETENT EMPLOYMENT LAWYER LOOK IT OVER!

Now, with respect to your specific question, employers make make non-disparagement clauses as general and ominous as they can. Yours will be controlled by its actual text. In Illinois, you can always tell the truth, as you know it, if summoned by a proper Court or Administrative Subpoena. Regulators know this. If they approach you and you tell them "I need a subpoena to talk about this" they'll know you have something for them and they'll acommodate you with a subpoena.

I routinely renegotiate the language of these things to narrow the definition of disparagement. Very rarely does the other lawyer mind much.

Go see your lawyer. Life is too short to sign a document that creates obligations you don't fully undersand.

BTW, if you have already talked to regulators about anything, you might be entitled to some protection under the revised Illinois Whistleblower legislation. It's a little overrated but it's something.

Anthony B. Cameron
Quincy, IL 62301

posted Aug 9, 2006 11:16 AM [EST]

Answer to IL non-compete legality

Let's Start With....

...What, if anything, you are getting for signing this document.

Do you get a long-term contract?

Do You get a raise or bonus?

Can't really help you much without this information.

I'll check back tomorrow.

posted Aug 8, 2006 11:54 AM [EST]

Answer to IL non-compete legality

Let

posted Aug 8, 2006 11:52 AM [EST]

Answer to Treated Unfairly.

NO LEGAL OBLIGATION TO ADJUST SALARY

You have some workplace violence issues that raise a number of questions I can't answer. What is required by you policy of the victim of workplace violence after an encounter. Some places, you must report to the safety officer, some places the police some places your immediate supervisor. You always have a right to make a police report but you need to check your employee manual for your other obligations.

I'm afraid Illinois Law does nothing for you on the salary disparity. Unless you are female and the disparity is solely attributable to your gender, the E/r retains the right to have a stupid, illogical and unfair pay scheme.

Again, there may be a slight possibility there is some relief for you in your employee handbook (some kind of mediation outside of normal company channels.)

It wouldn't hurt for you to consult a MEL lawyer near you. You may have a tort claim for the violence.

On an overall basis, it sounds like you're unhappy with your situation, the E/r knows it and this situation is destined to spiral downward unless something changes (new job, transfer to another division, realignment of teams). In the meantime, do not respond in kind. Be cordial to everybody and keep a journal of everything that happens to you in the workplace and how it make you feel.

Good Luck!

posted Aug 8, 2006 08:49 AM [EST]

Answer to non compete and last pay check

EXIT PAY ISSUE

Employer must pay your earned and accumulated exit pay on or before the regular payday after your departure, or sooner.

Unless you signed a document to the contrary, there is no basis to reduce your pay (except that presumably you made fewer sales because you termed out sooner.)

Can't help you with the non-compete without seeing it. Signing a new one after you've announced your intention to leave creates a serious question of whether there was "consideration" for it. You really should show it to a MEL lawyer up there. I'm really too far away to do you much good.

Every good wish. Sounds like your next job stands an excellent chance of being better than you last.

Anthony B. Cameron
Quincy, Illinois

posted Jul 14, 2006 8:52 PM [EST]

Answer to 4 sentence non-compete. How valid is this?

WORRIED ENOUGH TO PROTECT YOURSELF

Before you even get to what it says, an essential question is whether this language is binding upon you. The only way to tell that is to examine all the papers you did sign at the time you were given this language. First, was there "consideration"--a benefit to you-in exchange for the "agreement". Second, was that a standalone document or was it a part of package and you possibly "deceived" your employer by simply skipping that page (doubt it but an attorney would have to look a the whole package).

One we get past that, what you have is an extremely poorly drafted Non-Compete and Non-Use/Disclosure. It is more than a simple non-compete. It also appears to be a prohibition on use of info obtained in the course of your other employment.

Finally, there is the ambiguity in the geographic scope of the contract. Here, the duty of being clear is usually on the employer and that may be a good issue.

What I really crave to know is whether there is an attorney's fees clause in the overall agreement. Tactically, that changes everything. If there's not, a good employment attorney would probably just write them one letter and say "here's what's wrong with your position and you will lose a long and arduous legal proceeding and we might even get attorney's fees from you for bad faith pleading." If there's an attorney's fees clause in there, it changes the approach.

I'm too far away to do you any good. The good news for you is that there are many excellent MEL lawyers in Chicago and the Appellate District for Chicago is a bit more favorable for employees than mine.

I saw your other comment about hiring their former employees. It is my suggestion that you see a MEL lawyer before you stir this up any further. Get a good game plan and play it out.

(also be prepared to tell your lawyer how these "threats of suit" are being transmitted to you. That is important.

Best Wishes and would love to hear how you make out.

Anthony B. Cameron
Quincy, IL

posted Jul 13, 2006 8:42 PM [EST]