Answers Posted By Malik AHMAD
A severance package is not a contractual package--it is gratuitous one and given without any consideration. However, if you detrimentally rely upon it, then you can sue for detrminetal reliance which is a remedy for breach of contract. However, litigation should not be initiated because it would infringe on the continuity of the employment. If your employment has ended in October, 2010, you can sue for detrimental reliance. But the cost of litigation would exceed the benefits accrued i.e 5 payments.
answer to Can a former employer Recall your Severance Package? posted Mar 2, 2011 1:24 PM [EST]
answer to Can a former employer Recall your Severance Package? posted Mar 2, 2011 1:24 PM [EST]
It all depends upon the non compete contract you signed. My first impression is that yes, it may cover. Because non compete is mostly a universal claus and may include termination, layoff, resignation etc. If this contract has been drafted by an attorney (versus taking from some website), it most likely would include lay offs from job also.
answer to If I'm laid off can the non-compete still be exercised? posted Feb 5, 2010 5:52 PM [EST]
answer to If I'm laid off can the non-compete still be exercised? posted Feb 5, 2010 5:52 PM [EST]
Pay Cut
I am posting the Nevada law which deals in situation like that. You can interpret in any way you want. Because of no attorney client relationship, and my own insurance issues, I cannot interpret it for you. Here, you go.
NRS 608.100 Unlawful decrease in compensation by employer; unlawful requirement to rebate compensation; prerequisites to lawfully decreasing compensation.
1. It is unlawful for any employer to:
(a) Pay a lower wage, salary or compensation to an employee than the amount agreed upon through a collective bargaining agreement, if any;
(b) Pay a lower wage, salary or compensation to an employee than the amount that the employer is required to pay to the employee by virtue of any statute or regulation or by contract between the employer and the employee; or
(c) Pay a lower wage, salary or compensation to an employee than the amount earned by the employee when the work was performed.
2. It is unlawful for any employer to require an employee to rebate, refund or return any part of the wage, salary or compensation earned by and paid to the employee.
3. It is unlawful for any employer who has the legal authority to decrease the wage, salary or compensation of an employee to implement such a decrease unless:
(a) Not less than 7 days before the employee performs any work at the decreased wage, salary or compensation, the employer provides the employee with written notice of the decrease; or
(b) The employer complies with the requirements relating to the decrease that are imposed on the employer pursuant to the provisions of any collective bargaining agreement or any contract between the employer and the employee.
answer to pay cut without notice posted Feb 28, 2009 2:09 PM [EST]
I am posting the Nevada law which deals in situation like that. You can interpret in any way you want. Because of no attorney client relationship, and my own insurance issues, I cannot interpret it for you. Here, you go.
NRS 608.100 Unlawful decrease in compensation by employer; unlawful requirement to rebate compensation; prerequisites to lawfully decreasing compensation.
1. It is unlawful for any employer to:
(a) Pay a lower wage, salary or compensation to an employee than the amount agreed upon through a collective bargaining agreement, if any;
(b) Pay a lower wage, salary or compensation to an employee than the amount that the employer is required to pay to the employee by virtue of any statute or regulation or by contract between the employer and the employee; or
(c) Pay a lower wage, salary or compensation to an employee than the amount earned by the employee when the work was performed.
2. It is unlawful for any employer to require an employee to rebate, refund or return any part of the wage, salary or compensation earned by and paid to the employee.
3. It is unlawful for any employer who has the legal authority to decrease the wage, salary or compensation of an employee to implement such a decrease unless:
(a) Not less than 7 days before the employee performs any work at the decreased wage, salary or compensation, the employer provides the employee with written notice of the decrease; or
(b) The employer complies with the requirements relating to the decrease that are imposed on the employer pursuant to the provisions of any collective bargaining agreement or any contract between the employer and the employee.
answer to pay cut without notice posted Feb 28, 2009 2:09 PM [EST]
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