Answers Posted By Archibald Thomas

The answer to your question depends in part on who had knowledge of your protected activity. Since retaliation depends on what is in the mind of the person taking the retaliatory action, this issue should be analyzed with reference to whether one management official can insulate another, but rather, what did the person who took the action know at the time the action was taken. If the subordinate was aware of the prior EEO complaint, then it makes no difference whether the action was taken by the subordiate or the Plant Manager as long it was taken in retaliation for the prior EEO complaint. Since the claim is against the employer and not any particular individual, the postal service would be liable for action taken by either the plant manager or the subordiate if a retaliatory intent was present.

answer to Can RMO be shielded by subordinate supervisor saying he made decision? posted Mar 22, 2012 11:48 AM [EST]

The answer to your question may depend in part on exactly what is meant by out-of-state company. If you mean that they do business in Florida but their headquarters is located out-of-state, then that would make no difference in the enforcabiltiy of the agreement. On the other hand, if you mean that the company has no office in Florida and otherwise does not conduct business in the state of Florida, then there is a reasonalbe chance that a non-compete agreement would not be enforced in Florida. The important issue given your question is where the company does business as opposed to where they are physically located. However, there are many other factors that could affect the enforcability of the agreement as well. Only a lawyer familiar with these issues who has reviewed the agreement and has obtained all the relevant factual circumstances can give you an opinion regarding the enforcability of your particular agreement.

answer to Can a non comp agreement signed with a TN or OH company be enforced in FL? posted Jan 20, 2012 4:23 PM [EST]

The agreement may still be valid, but it depends on the wording of the agreement. Many agreements permit employers to assign their rights under the agreement to a successor. You should have the agreement reviewed by a lawyer who is experienced in this area to get a definitive answer to your question.

answer to Does the sale of a company continue the non-compete agreement? posted May 4, 2011 7:10 PM [EST]

Yes, an independent contractor can be covered under a non-comete agreement just like an employee. However, the more important question may be whether the agreement you signed is legally enforceable for other reasons. This is a complex issue and can best be addressed by an attorney who is provided a copy of the agreement to review and discuss with you. If you do not have a copy of the agreement it can make it difficult to provide you with a complete opinion regarding your situation. A lawyer can discuss with you the relevant considerations regarding the general requirements for enforcibility of these types of agreements.

answer to Can an independent contractor be held to a non compete agreement? posted May 4, 2011 12:27 PM [EST]

A complete answer to your question cannot be provided without having detailed information regarding your job duties and responsibilities. However, the portion of your question regarding being required to take vacation leave or unpaid leave for absences of a day or more is generally permissible unless you have a contract or union agreement that prohibits it. In order to determine whether whether you are entitled to be paid for the additional 10 hours a week you work, you would have to provide a detailed description of your job duties and responsibilities.

answer to salary or not salary ? posted Apr 15, 2011 2:19 PM [EST]

Unless your agreement specifically provided that it is not applicable if your hours are reduced, it is not likely that this would have any bearing on the enforcability of the agreement. Further, assuming you were an at will employee with no promise of continued full time employment, it may also be unlikely that the reduction of hours would be considered a breach of your employment agreement that could successfully be asserted as a defense to any action by the employer to enforce the non-soliciation agreement. However, in order to receive accurate legal advice regarding your specific situation you should have the agreement reviewed by an attorney so that the imporatant facts and circumstances can be reviewed in determining your rights and obligations.

answer to Will my non-compete hold even though my position was reduced to part time posted Apr 14, 2011 4:41 PM [EST]

There is a possibility that your agreement may not be enforcable. However, you would need to have it reviewed by a lawyer to look for such things as a clause permitting an assignment of the agreement to a successor employer.

answer to Is my non-compete agreement still enforceable against me? posted Mar 31, 2011 4:43 PM [EST]

Assuming you agreed to give them something of value in the agreement, such as a release of liability, then the agreement is probably supported by valid consideration and therefore legally enforcable. If they will not honor the agreement, you can seek enforcement by filing a breach of contract action in the appropriate court or retaining counsel to attempt to persuade them that court action is not in their best interest.

answer to Mutual Separation Agreement - Severance - Signed & Notarized - Now they want to Void & Null it posted Jan 11, 2011 5:43 PM [EST]

There is no specific time limit regarding how old relevant eveidence can be. However, generally speaking, the older the evidence, the less relevant it can become to any particular issue. If the evidence of discrimination is clear, the EEOC may consider it even if it is older than evidence that is not so clear. The law regarding relevancy in connection with discriminatioin cases can be complex and questions regarding relevancy can be difficult to answer without knowledge of all or the facts or circumstances regarding your case.

answer to How far back can EEOC go to use evidence to support a claim? posted Sep 26, 2010 1:22 PM [EST]

Cases under the ADA are usually very complex and cannot be analyzed based on the very limited information you provided. However, based on the information provided, you could possibly have a claim involving discrimination due to disability, failure to accommodate and retaliation for having requested the reasonable accommodation. You may want to consult a lawyer regarding these issues. Also, your time limit to pursue these claims by filing a charge of discrimination with the EEOC is 300 days. You may also file a charge of discrimination with the Florida Commission on Human Relations within 365 days of the discriminatory actions.

answer to can an employer stop granting reasonable accomodations and fire a disabled worker posted Sep 26, 2010 1:17 PM [EST]