Answers Posted By Alan Crone

Answer to May Ienter a partnership with a customer I previously serviced under my active non-compete agrmt?

It really depends on the exact language of your non-compete. Generally, to enforce a true non-compete your former employer must have a compelling business interest to protect. Each case is different, but in general it must prove that you have an unfair competitive advantage because of your prior association with the former employer. If your participation with the new company does not impact that company's business with the former employer as a practical matter, the former employer might like having an alumni working for a customer.

posted Mar 3, 2010 08:20 AM [EST]

Answer to Do reporting staf misconduct in the workplace constitute whistleblowing if you were removed from job

To fully answer this question, I need a little more information. I need to know who you reported this misconduct to and when. Also, exactly what is the conduct you reported?

The short general answer is that if you refuse to remain silent about (report to the state) or participate in illegal activity and the employer fires you or punishes you then you have a claim for whistleblower retailiation. The big question I have about your case is whether or not the conduct you reported was "illegal". The conduct does not have to be criminal, but it does have to violate a state or federal statute, law, regulation or public policy. Email me a acrone@cronemaso.com and I will be glad to discuss this further with you.

posted Aug 14, 2009 10:19 AM [EST]

Answer to Cut in my pay!?

Nurse Compensation

We are getting more and more calls from nurses. The healthcare industry is dying for nurses and treating the ones they have so badly. The short answer to your question is that any employer can change its compensation plan at any time unless you have a union contract. However, the plan must comply with the Fair Labor Standards Act and applicable state laws. To determine if this plan is legal we would need to ask you some follow up questions. Give us a call for a free consultation. 901.683.1850 or 1.800.403.7868.

posted Mar 17, 2008 08:12 AM [EST]

Answer to Money with held because of loss of client

An honest day's work for an honest day's pay

The short answer is: he has to pay you. It may be a little difficult if he does not have the money to pay you. You can take him to small claims court and represent yourself, but I would not recommend it. I recommend finding a lawyer who is experienced in employment law matters.

posted Jun 7, 2007 08:53 AM [EST]

Answer to lawyer abuse

EEOC Does not make deals

The EEOC does not make deals under the table, especially with law firms. If you are talking about a sexual harassment situation and the firm is covered by state or federal employment laws, you should not treat them any differently than anyone else. You should go see a lawyer and find out what your options are.

posted Apr 19, 2007 3:43 PM [EST]

Answer to sold business & wife went to work at another shop

Non-Competes Are Hard

It is very difficult to say. It depends a great deal on the language of the non-compete. I think that few courts in Tennessee would enforce a 10 year 100 mile restriction, but it depends on a lot of factors. The court could enforce the agreement with a shorter more reasonable term and more narrow geographic restrictions. You should have an attorney review your contract and give you advice on how it could be enforced.

posted Jan 2, 2007 09:08 AM [EST]

Answer to clocking out for lunch

Lunch Breaks

What your employer is doing is not legal for possibly two reasons. 1. You should be paid for all time you are actually working. If you clock out for lunch and continue to work, you are working "off the clock" and that is illegal. If you are an hourly worker you must be paid for every minute you are working. 2. There are possible overtime issues here. If that off the clock time pushes your work over 40 hours in a given week, then you are entitled to overtime (time and half) for those hours over 40. 3. Federal law requires that you recieve a 30 minute lunch break and two 15 minute breaks each day.

You can work to get the company to reverse this policy and pay you back pay. We can help you.

Please contact my office at 1.800.403.7868 to schedule a consultation. For these types of cases we work on a contingency fee basis. (No cost to you unless you recover money.) Also, take a look at our overtime website, www.overtimepaylaw.us

posted Jan 9, 2006 08:37 AM [EST]

Answer to job elimination notice

Job Elimination Notice

Your husband has a very complex problem. To answer this question properly I need to review his contract, the notice he was given, any other written communciation the company has sent to him and discuss the situation with him. He needs to proceed very carefully.

We help folks like your husband all the time. He has a number of options and may be in a better position than he thinks.

We can scheudle an initial consultation in person or over the phone whichever is more convenient to you. I usually prefer to conduct those initial consultations in person if possible but time and expense might dictate a telephone consultation. If he is interested, please have him call my office, 901.683.1850 to schedule a consultation.

posted Dec 19, 2005 1:42 PM [EST]

Answer to Billable time & required time in the office?

ITS Compensation Issue

I will give you a great lawyer's answer to your question, "it depends." To answer your question I need to know more information. Is he a W-2 employee or independent contractor? What kind of work does he perform? How often is he paid? I would also like to see his pay check stub.

Without knowing that information and other information it is impossible to be definitive, however generally speaking if your boyfriend is an employee rather than independent contractor they should pay him for all hours he is at the premises and available to work. There are exceptions to that rule that may apply. He may also be entitled to overtime compensation if he works more than 40 hours a week. There are a number of factors to consider before you could make that determination. I would encourage your friend to contact my office for a free consultation to see if he has a claim for back pay and to possibly get his employer to change the way he is compensated. My phone number is 901.683.1850.

posted Dec 19, 2005 1:36 PM [EST]

Answer to Asked to work while off the clock

Off the Clock

The answer depends upon a number of factors. Are you on salary or are you paid hourly? What are your duties? Are you in outside sales? What is your job description? Generally speaking, an employer must pay you for all the time you work, however there are a number of different pay plans based on the types of duties performed. Please contact me and I can get more information from you and we can see if you and your co-workers have any recourse.

Alan Crone
1.800.403.7868 (toll free voice)
www.overtimepaylaw.us


posted Jun 27, 2005 09:17 AM [EST]