Answers Posted By Malik AHMAD

Answer to do I have a case for wrongful firing

Your company should have a handbook where a progressive disciplinary policy may be written. It may also have both minor and major infractions for disciplinary actions. Furthermore, your employees may be governed by SIEU or Culinary Union Contract.. Without looking into all these documents, one cannot be sure as to why were you terminated. Again, Nevada is at will employment, and your employment can be terminated for variety of reasons. Make sure you file your unemployment right away and see counseling with an employment law attorney for more questions.

posted Mar 27, 2015 3:27 PM [EST]

Answer to do I have a case for wrongful firing

Your company should have a handbook where a progressive disciplinary policy may be written. It may also have both minor and major infractions for disciplinary actions. Furthermore, your employees may be governed by SIEU or Culinary Union Contract.. Without looking into all these documents, one cannot be sure as to why were you terminated. Again, Nevada is at will employment, and your employment can be terminated for variety of reasons. Make sure you file your unemployment right away and see counseling with an employment law attorney for more questions.

posted Mar 27, 2015 3:27 PM [EST]

Answer to My employer offers health insurance to all full time associates. They also offer paid time off (Sick, Vacation, Personal...) they claim that because they offer benefits we cannot fall under 40 hrs a week. Is this by law or is this to protect themselves fr

Do you have any employment book: all such rules should be written there< However, you are already getting what you bargained for where you company is paying you for sick, vacation, and personal leave. Generally, they are 1 casual day for each month worked. You are not entitled to any unpaid day off. You have PTO pending, once you exhaust that then you can request anything else. Similar laws are applicable for FMLA. First your paid time would be adjusted, then the unpaid would come.

posted Feb 27, 2015 3:40 PM [EST]

Answer to My employer sold the company to a new company and laid everyone off wihout previous notice. They made us re-apply to the new company the next day, but if you didn't get hired on they gave you severance pay, but shouldn't everyone get severance pay since w

Severance fee is not an entitlement pay, it is voluntary and depends upon the time period of service. It is discretionary--but here very poorly applied. Annoying as it is but no legal recourse. Can you talk to the supervisor in a polite non-threatening way and ask for severance pay and find out what exactly is their policy in this regard. Furthermore, please do apply for unemployment benefits regardless of the severance issue. You should always contact a local and licensed attorneys. Here is my link to my website for future information www.lasvegaslawgroup.com

posted Jan 30, 2015 1:43 PM [EST]

Answer to Can a former employer Recall your Severance Package?

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.

posted Mar 2, 2011 11:24 AM [EST]

Answer to If I'm laid off can the non-compete still be exercised?

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.

posted Feb 5, 2010 3:52 PM [EST]

Answer to pay cut without notice

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.





posted Feb 28, 2009 12:09 PM [EST]