Answers Posted By Neil Klingshirn
The answer to your question depends on your employer's policies regarding payment of unused personal, sick and vacation time. Generally speaking, Ohio courts will hold employers to their policies. So, if your employer had a policy of paying unused leave time to employees at the time of termination, then you may have a claim. If your employer did not have such a policy, then you may not have a claim.
Here is an article with more information:
http://www.myemploymentlawyer.com/wiki/Ohio-Employees-Right-to-Receive-Unused-Vacation-Pay-When-Terminated.htm
answer to If I am terminated from a job in Ohio, can the employer refuse to pay me for unpaid leave balances? posted Nov 16, 2009 1:43 PM [EST]
Here is an article with more information:
http://www.myemploymentlawyer.com/wiki/Ohio-Employees-Right-to-Receive-Unused-Vacation-Pay-When-Terminated.htm
answer to If I am terminated from a job in Ohio, can the employer refuse to pay me for unpaid leave balances? posted Nov 16, 2009 1:43 PM [EST]
Here is an article about employer defamation in Illinois:
http://www.myemploymentlawyer.com/wiki/Defamation-in-the-Illinois-Workplace.htm
answer to Did a co-worker defame me? posted Nov 13, 2009 10:22 AM [EST]
http://www.myemploymentlawyer.com/wiki/Defamation-in-the-Illinois-Workplace.htm
answer to Did a co-worker defame me? posted Nov 13, 2009 10:22 AM [EST]
If North Carolina has a Trade Secrets Act similar to that in Ohio, the answer is "maybe not." The answer depends on whether your former employer took steps to keep that client information secret. If it did, then, under Ohio law, that information becomes a trade secret and your use of it would violate the Trade Secrets Act.
Because most states have adopted a Uniform Trade Secrets Act, it is possible to likely that North Carolina has a similar law. Consult with an employment lawyer licensed in NC before you use that information.
answer to If no non-compete clause was ever signed, can I still use client info. in new business? posted Nov 10, 2009 10:51 AM [EST]
Because most states have adopted a Uniform Trade Secrets Act, it is possible to likely that North Carolina has a similar law. Consult with an employment lawyer licensed in NC before you use that information.
answer to If no non-compete clause was ever signed, can I still use client info. in new business? posted Nov 10, 2009 10:51 AM [EST]
Federal law requires employers to pay members of one sex equal pay for equal work performed by a member of the other sex. It is called the Equal Pay Act. You can file a charge of discrimination with the EEOC, who will investigate.
You may have a similar right under state law. If so, it may have better remedies than the federal equal pay law. Check with an employment lawyer in New Hampshire.
answer to What action can I take against Lowe's for paying my male coworkers more for doing the same exact job posted Nov 9, 2009 09:14 AM [EST]
You may have a similar right under state law. If so, it may have better remedies than the federal equal pay law. Check with an employment lawyer in New Hampshire.
answer to What action can I take against Lowe's for paying my male coworkers more for doing the same exact job posted Nov 9, 2009 09:14 AM [EST]
Your right to return to work after an illness or injury is different from your right to receive compensation as a result of missing work due to that illness or injury. Further, as Bruce indicates, your rights to job restoration or compensation will vary depending on whether your injury or illness was work related or not.
Assuming that your injury or illness was not work related, then your primary right to be restored to your job (i.e., not terminated for being unable to perform it) is the FMLA. If your FMLA rights are used up, your next best bet to protect your job is to request a leave of absence as a reasonable accommodation under the American's with Disabilities Act until you are ready to return to work. However, that request should be for a specific period of time, not for an open ended duration.
STD is a right to receive compensation during a time that you were unable to work. It typically does not protect your job.
As Bruce says, you should consult an employment attorney. The interplay of your return to work and compensation benefits during a medical are among the most complicated in employment law.
answer to Isn't my job protected when on disability? posted Nov 5, 2009 2:36 PM [EST]
Assuming that your injury or illness was not work related, then your primary right to be restored to your job (i.e., not terminated for being unable to perform it) is the FMLA. If your FMLA rights are used up, your next best bet to protect your job is to request a leave of absence as a reasonable accommodation under the American's with Disabilities Act until you are ready to return to work. However, that request should be for a specific period of time, not for an open ended duration.
STD is a right to receive compensation during a time that you were unable to work. It typically does not protect your job.
As Bruce says, you should consult an employment attorney. The interplay of your return to work and compensation benefits during a medical are among the most complicated in employment law.
answer to Isn't my job protected when on disability? posted Nov 5, 2009 2:36 PM [EST]
I am not familiar with Alabama non-compete law. However, general non-compete law would treat a non-competition clause in an equity agreement as valid, as long as the duration and scope of the restriction on your ability to compete were also reasonable in relationship to the former employer's business interest. If Alabama law follows these same lines, then you should consult an Alabama lawyer to see if the duration for the 75 year duration of the agreement is excessive. On its face, it would appear to be.
Update to Answer:
If the non-compete clause is valid, then you the damages that you would be liable for should you breach it would not be limited to your equity under the agreement. Instead, the measure of damages would be tied to the foreseeable loss that your breach caused the former employer. If you have significant equity under the agreement, however, you may have some leverage for negotiating a reduction of the restrictions.
answer to Is a non-competition breach clause in an equity agreement enforceable as non-competition agreement? posted Nov 4, 2009 8:32 PM [EST]
Update to Answer:
If the non-compete clause is valid, then you the damages that you would be liable for should you breach it would not be limited to your equity under the agreement. Instead, the measure of damages would be tied to the foreseeable loss that your breach caused the former employer. If you have significant equity under the agreement, however, you may have some leverage for negotiating a reduction of the restrictions.
answer to Is a non-competition breach clause in an equity agreement enforceable as non-competition agreement? posted Nov 4, 2009 8:32 PM [EST]
Federal overtime, under the Fair Labor Standards Act (FLSA), is calculated each work week, which consists of seven consecutive days. The employer can pick the day on which the work week begins, but must stay consistent once it it does so. Therefore, the work week resets after the seventh consecutive day.
The US Department of Labor work week and "hours worked" Adviser is located at http://www.dol.gov/elaws/esa/flsa/hoursworked/default.asp
answer to Overtime for 13 consecutive days posted Nov 4, 2009 8:20 PM [EST]
The US Department of Labor work week and "hours worked" Adviser is located at http://www.dol.gov/elaws/esa/flsa/hoursworked/default.asp
answer to Overtime for 13 consecutive days posted Nov 4, 2009 8:20 PM [EST]
This may have violated your rights under the Fair Credit Reporting Act, which also covers employee background checks. In a nutshell, an employer cannot use background check obtained from an agency to make an adverse employment decision, like terminate your employment, unless it obtains your consent first and discloses to you the background check results before taking the adverse action.
Here is the law: http://www.law.cornell.edu/uscode/15/usc_sup_01_15_10_41_20_III.html
answer to Fired for asking about background check? posted Nov 2, 2009 8:54 PM [EST]
Here is the law: http://www.law.cornell.edu/uscode/15/usc_sup_01_15_10_41_20_III.html
answer to Fired for asking about background check? posted Nov 2, 2009 8:54 PM [EST]
Department of Labor Regulations state that Actual meal periods are not worktime. However:
meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. The employee is not relieved if he is required to perform any duties, whether active or inactive, while
eating. For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating.
http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.19.htm
The restrictions on your ability to go where you please during your meal break may make it compensable hours worked. You can file a complaint with the Department of Labor, who should conduct an investigation. You can also contact an employment lawyer who can file suit.
answer to Is this considered worked time and payable by employer? posted Nov 2, 2009 8:47 PM [EST]
meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. The employee is not relieved if he is required to perform any duties, whether active or inactive, while
eating. For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating.
http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.19.htm
The restrictions on your ability to go where you please during your meal break may make it compensable hours worked. You can file a complaint with the Department of Labor, who should conduct an investigation. You can also contact an employment lawyer who can file suit.
answer to Is this considered worked time and payable by employer? posted Nov 2, 2009 8:47 PM [EST]
If you work for the same employer, all of your hours worked count towards the same work week. Your employer cannot avoid overtime by splitting your work week into two jobs.
The Department of Labor has regulations that cover this situation, which it refers to as "joint employment." The idea is that you can work for two different employers, in which case your overtime is calculated separately for each. However, if the employment is by the same employer or associated employers, then, unless "completely disassociated from employment by the other employer(s), all of the employee's work for all of the joint employers during the workweek is considered as one employment for purposes of the Act. In this event, all joint employers are responsible, both individually and jointly," for overtime.
Here is a link to the DOL regulation:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d52ccfb5e60bb8f3db1bc9bb08000529&rgn=div8&view=text&node=29:3.1.1.2.49.0.446.2&idno=29
answer to Can my employeer deduct pay from a second check? posted Nov 2, 2009 8:30 PM [EST]
The Department of Labor has regulations that cover this situation, which it refers to as "joint employment." The idea is that you can work for two different employers, in which case your overtime is calculated separately for each. However, if the employment is by the same employer or associated employers, then, unless "completely disassociated from employment by the other employer(s), all of the employee's work for all of the joint employers during the workweek is considered as one employment for purposes of the Act. In this event, all joint employers are responsible, both individually and jointly," for overtime.
Here is a link to the DOL regulation:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d52ccfb5e60bb8f3db1bc9bb08000529&rgn=div8&view=text&node=29:3.1.1.2.49.0.446.2&idno=29
answer to Can my employeer deduct pay from a second check? posted Nov 2, 2009 8:30 PM [EST]
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