Answers Posted By Neil Klingshirn

Answer to Is my non-compete covenant valid?

I just added a non-compete article that addresses New York non-competition law, located here:

http://www.myemploymentlawyer.com/wiki/New-York-Non-competition-Law.htm.

Also, if your non-compete was in your handbook, look for a disclaimer in the handbook that states it "is not a contract." If the handbook has a disclaimer, you may be able to argue that the handbook non-compete provision is not an agreement that is binding on you.

posted Dec 13, 2009 11:38 AM [EST]

Answer to short term medical/payout of EIB earned

Illinois' wage payment and collection act requires employers to pay all final compensation, including bonus payments, vacation pay, wages and commissions on your next regularly scheduled payday. It is not clear whether banked sick pay fits the definition of compensation, however.

Here is a link to the Illinois Department of Labor FAQ on the Illinois wage payment Act: http://www.state.il.us/agency/idol/FAQ/qawage.htm.

For more information about the Illinois Wage Payment & Collection, you can call the Illinois Department of Labor at (312) 793-2808

posted Nov 22, 2009 07:37 AM [EST]

Answer to If I am terminated from a job in Ohio, can the employer refuse to pay me for unpaid leave balances?

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

posted Nov 16, 2009 11:43 AM [EST]

Answer to Did a co-worker defame me?

Here is an article about employer defamation in Illinois:

http://www.myemploymentlawyer.com/wiki/Defamation-in-the-Illinois-Workplace.htm

posted Nov 13, 2009 08:22 AM [EST]

Answer to If no non-compete clause was ever signed, can I still use client info. in new business?

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.

posted Nov 10, 2009 08:51 AM [EST]

Answer to What action can I take against Lowe's for paying my male coworkers more for doing the same exact job

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.

posted Nov 9, 2009 07:14 AM [EST]

Answer to Isn't my job protected when on disability?

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.

posted Nov 5, 2009 12:36 PM [EST]

Answer to Is a non-competition breach clause in an equity agreement enforceable as non-competition agreement?

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.

posted Nov 4, 2009 6:32 PM [EST]

Answer to Overtime for 13 consecutive days

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

posted Nov 4, 2009 6:20 PM [EST]

Answer to Fired for asking about background check?

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

posted Nov 2, 2009 6:54 PM [EST]