Answers Posted By Kevin McGann
It sounds like he is giving you a second offer with a second check, and the circumstances sound like he is offering you an agreement, and expecting you to accept it by taking the money.
This is not how a severance agreement works. First, you and he agree on a writing which describes all (legal rights) that you are giving up, and all money and benefits he is giving you in return. When you have that writing, and IF you agree with or accept it, then you both sign it. Then you get the money stated in the agreement. This is a very clear step-by-step routine which protects everyone. You should follow this routine carefully.
By giving you the check with some proposed agreement and encouraging you to cash it, he is not following this procedure and thereby blurring what the deal is, and how the deal gets "accepted" by you. If you take the money, it "looks like" you accepted the deal, and gives him an argument that you agreed to it. I would not do that if you think you deserve more, and can get it.
Legally, you cannot give away your rights without a written agreement that you both agree to, by signing it, so you are not bound to anything if you haven't yet done that. On the other hand, you don't have any right to take (and keep!) money from someone who sends it with an unsigned agreement, which you aren't going to sign.
So put the check in a safe place and you decide, first, whether you accept the agreement, or you want more money. If you want more, ask for it, and get it in writing, in the agreement. Then he signs it; then you sign it; then he gives you the money.
answer to Will cashing ck relieve xemployer of bonus earnings posted May 16, 2012 3:49 PM [EST]
This is not how a severance agreement works. First, you and he agree on a writing which describes all (legal rights) that you are giving up, and all money and benefits he is giving you in return. When you have that writing, and IF you agree with or accept it, then you both sign it. Then you get the money stated in the agreement. This is a very clear step-by-step routine which protects everyone. You should follow this routine carefully.
By giving you the check with some proposed agreement and encouraging you to cash it, he is not following this procedure and thereby blurring what the deal is, and how the deal gets "accepted" by you. If you take the money, it "looks like" you accepted the deal, and gives him an argument that you agreed to it. I would not do that if you think you deserve more, and can get it.
Legally, you cannot give away your rights without a written agreement that you both agree to, by signing it, so you are not bound to anything if you haven't yet done that. On the other hand, you don't have any right to take (and keep!) money from someone who sends it with an unsigned agreement, which you aren't going to sign.
So put the check in a safe place and you decide, first, whether you accept the agreement, or you want more money. If you want more, ask for it, and get it in writing, in the agreement. Then he signs it; then you sign it; then he gives you the money.
answer to Will cashing ck relieve xemployer of bonus earnings posted May 16, 2012 3:49 PM [EST]
Sorry, don't know what you mean.
If you intend to use the agreement as part of a suit for breaking the agreement, then the agreement is a necessary part of the suit, and would not be excluded as evidence.
answer to Can employer get around clause in a separation agreement and enter agreement as evidence posted Feb 22, 2012 10:06 AM [EST]
If you intend to use the agreement as part of a suit for breaking the agreement, then the agreement is a necessary part of the suit, and would not be excluded as evidence.
answer to Can employer get around clause in a separation agreement and enter agreement as evidence posted Feb 22, 2012 10:06 AM [EST]
Employers can require you to use sick or vacation time before using FMLA time. It sounds like you had an agreement with a former manager which your current manager won't do. This does not sound like a violation of FMLA to me.
It also sounds like you have a union contract which has some terms in it about a 40 hour week. Your union rep or union lawyer can look into that. Sorry, but I can't interpret what your Union contract says, and its up to the union to enforce it.
answer to Can i make up an unpaid 8hr FMLA day in the same week on sat or sun to have my 40hrs. posted Feb 5, 2012 4:48 PM [EST]
It also sounds like you have a union contract which has some terms in it about a 40 hour week. Your union rep or union lawyer can look into that. Sorry, but I can't interpret what your Union contract says, and its up to the union to enforce it.
answer to Can i make up an unpaid 8hr FMLA day in the same week on sat or sun to have my 40hrs. posted Feb 5, 2012 4:48 PM [EST]
Yes. Consideration for a non-compete is usually continued employment. The change in compensation is not relevent. The fact that they lied to you may make it unenforceable, but I doubt it, since the mis-statement is not relevent to the agreement.
answer to I signed a non-compete in March 2008 and want to know if it is still valid posted Dec 22, 2011 12:57 PM [EST]
answer to I signed a non-compete in March 2008 and want to know if it is still valid posted Dec 22, 2011 12:57 PM [EST]
If you have physical symptoms caused by stress at work, your claim should be under Worker's Compensation law, and you should get a lawyer who specializes in that.
The term "harassment" in the employment context usually is connected to sexual harassment. There is no employment law preventing manager from being nasty to employees, unless it is on account of race, creed, etc.
You can legally be fired from a job just because they do not like you.
answer to I resigned from a position due to stress caused by Hostile work environment do I have recourse posted Dec 4, 2011 6:08 PM [EST]
The term "harassment" in the employment context usually is connected to sexual harassment. There is no employment law preventing manager from being nasty to employees, unless it is on account of race, creed, etc.
You can legally be fired from a job just because they do not like you.
answer to I resigned from a position due to stress caused by Hostile work environment do I have recourse posted Dec 4, 2011 6:08 PM [EST]
I assume that you received a lump sum "severance" and that typical income taxes were withheld. That money belongs to the IRS. If the company hires you back and your documents support that they get a pro-rated amount of pre-paid salary back, then you have over-paid your income taxes for the year. This should wash-out on your tax return/refund next year. I suggest you take this question to a tax accountant.
answer to If I received severance and paid all taxes, when I'm rehired does the company owe me the taxes paid? posted Nov 29, 2011 12:16 PM [EST]
answer to If I received severance and paid all taxes, when I'm rehired does the company owe me the taxes paid? posted Nov 29, 2011 12:16 PM [EST]
You don't really provide enough details information to confidently answer this question, but let me see if I can help.
The real issue is your "status". Are you an employee or an "independent contractor"? There are about 12 conditions to satisfy to be an independent contractor.
I assume that you are actually an employee, and you get paid by the haircut. This probably works fine if you only have to be there for scheduled work (haircuts), and therefore presumably by dividing the number of hours you work into the total amount you get paid, you would make more than the minimum wage per hour.
But if you are forced to stay at the salon -- stay at work -- and that math (above) comes out to less than $8 an hour, you may have an issue. If you are an employee and make less than the minimum wage per hour -- and if there are no exceptions for your industry -- you should have a further conversation with an attorney or public legal services.
answer to If I'm paid commision at my salon in MA, can they force me to stay at work when I don't have clients posted Sep 26, 2011 2:39 PM [EST]
The real issue is your "status". Are you an employee or an "independent contractor"? There are about 12 conditions to satisfy to be an independent contractor.
I assume that you are actually an employee, and you get paid by the haircut. This probably works fine if you only have to be there for scheduled work (haircuts), and therefore presumably by dividing the number of hours you work into the total amount you get paid, you would make more than the minimum wage per hour.
But if you are forced to stay at the salon -- stay at work -- and that math (above) comes out to less than $8 an hour, you may have an issue. If you are an employee and make less than the minimum wage per hour -- and if there are no exceptions for your industry -- you should have a further conversation with an attorney or public legal services.
answer to If I'm paid commision at my salon in MA, can they force me to stay at work when I don't have clients posted Sep 26, 2011 2:39 PM [EST]
I agree with Judith completely. Wage laws are enacted to protect employees from overreaching by employers, and part of the protection is that the application of the law cannot be waived.
answer to Can I waive my FLSA right to overtime posted Jul 5, 2011 5:22 PM [EST]
answer to Can I waive my FLSA right to overtime posted Jul 5, 2011 5:22 PM [EST]
The best information on this can be provided by the Attorney General's Office, Fair Labor Division. Phone numbers can be googled. You need to contact them anyway to receive a private right to action.
The best explanation of all aspects of the law can be found at
http://www.theemploymentlawyers.com/Articles/Wage%20and%20Hour%20013003-MCLE.htm
answer to In what year was MGL c149 s148, as it is written today, signed into legislation? posted Jun 12, 2011 6:31 PM [EST]
The best explanation of all aspects of the law can be found at
http://www.theemploymentlawyers.com/Articles/Wage%20and%20Hour%20013003-MCLE.htm
answer to In what year was MGL c149 s148, as it is written today, signed into legislation? posted Jun 12, 2011 6:31 PM [EST]
"I was called into a managers meeting with 4 other woman managers. I was then aggressively confronted about leaving the toilet seat up in the common bathroom." Just wondering, are you male or female? A male in this situation may have some chance of a sex-discrimination lawsuit.....but not much.
Otherwise, there isn't a single fact in your situation that violates the law and could be the subject of legal action. You are an employee-at-will, your boss doesn't like you (anymore), so she fired you. The fact that she encouraged you to go on vacation and then used that as an excuse to fire you is a symptom of her underlying character, but doesn't give you any specific legal rights related to "retribution". There is a concept of "retaliation" in some legal matters -- protecting those who file discrimination claims, for instance, from losing their job because of it -- but that does not apply to you.
The fact that she implied that you could have kept your job by not taking vacation, when she approved it a week before, will be an important point to make when/if you file for unemployment. I can see an argument coming about whether you were fired by her or it was your own fault for not following some company rule.
answer to Do I have an argument for any kind of retribution? posted May 28, 2011 08:34 AM [EST]
Otherwise, there isn't a single fact in your situation that violates the law and could be the subject of legal action. You are an employee-at-will, your boss doesn't like you (anymore), so she fired you. The fact that she encouraged you to go on vacation and then used that as an excuse to fire you is a symptom of her underlying character, but doesn't give you any specific legal rights related to "retribution". There is a concept of "retaliation" in some legal matters -- protecting those who file discrimination claims, for instance, from losing their job because of it -- but that does not apply to you.
The fact that she implied that you could have kept your job by not taking vacation, when she approved it a week before, will be an important point to make when/if you file for unemployment. I can see an argument coming about whether you were fired by her or it was your own fault for not following some company rule.
answer to Do I have an argument for any kind of retribution? posted May 28, 2011 08:34 AM [EST]
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