Answers Posted By Archibald Thomas

Answer to Can an independent contractor be held to a non compete agreement?

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.

posted May 4, 2011 09:27 AM [EST]

Answer to salary or not salary ?

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.

posted Apr 15, 2011 11:19 AM [EST]

Answer to Will my non-compete hold even though my position was reduced to part time

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.

posted Apr 14, 2011 1:41 PM [EST]

Answer to Is my non-compete agreement still enforceable against me?

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.

posted Mar 31, 2011 1:43 PM [EST]

Answer to Mutual Separation Agreement - Severance - Signed & Notarized - Now they want to Void & Null it

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.

posted Jan 11, 2011 3:43 PM [EST]

Answer to How far back can EEOC go to use evidence to support a claim?

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.

posted Sep 26, 2010 10:22 AM [EST]

Answer to can an employer stop granting reasonable accomodations and fire a disabled worker

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.

posted Sep 26, 2010 10:17 AM [EST]

Answer to Can a State determination be used to support a claim of discrimination?

It is not likely that you can directly use the unemployment determination. However, if you had a hear, you may be able to use any testimony that was presented at the hearing if it either contradicts other testimony or statements of the witness or if it is otherwise helpful to your case.

posted Sep 25, 2010 3:26 PM [EST]

Answer to Do I have a chance of proving I left for good reason?

You should point to the evidence presented during the hearing that shows that the parts were not compliant with FDA or OSHA standards and emphasize your testimony that that was the reason for your resignation. If you have any documents or written evidence corroborating either of those points, it would be a good idea to refer to those documents.

Archibald Thomas

posted Jul 27, 2010 4:37 PM [EST]

Answer to Can I be forced to take an hour lunch when the policy and all others are made to take 45 minute lunc

Yes. Your employer generally remains free to set your work hours including changing the time or period for your lunch. Unless your employer has some illegal ulterior motive for changing your lunch period, they are legally permitted to do so. If you are being treated differently due to some illegal reason or motive such as your age, race, sex, religion, natinal origin or disability or any other reason specifically prohibited by the law of the state of Florida, you may have a legal claim. Otherwise, you do not.

posted Jun 28, 2010 11:09 AM [EST]