Answers Posted By Alan Crone
Answer to pleas e maile me soon
FairnessThe reason you were terminated sounds very unfair. It may not be actionable. You have to find a basis beyond fairness. Does your employer have a progressive discipline program? How many employees does your employer have? Have other employees who engaged in similar conduct been treated differently?
I need more information to determine if you have any recourse. Please feel free to contact me at 800.403.7868 or acrone@cronemason.com.
posted Nov 12, 2002 10:32 AM [EST]
Answer to Harrassment
To concerned EmployeeYou raise a lot of issues. I am not sure if I am clear on all of the facts in your email. I need to spend some time with you to make sure I understand.
With that said, I will tell you the first thing your employee needs to do is complain. Is there a formal process identified by the Company to report sexual harassment? If so, it needs to be followed.
Please give me a call 800.403.7868 or contact me at acrone@cronemason.com to set up a telephone interview.
posted Sep 23, 2002 4:56 PM [EST]
Answer to overtime pay/ harassment
Overtime/Sexual Harassment1. If you are a manager you are exempt from the overtime provisions of the Fair Labor Standards Act. However, just because your employer calls you a manager does not mean that you are exempt. You must spend a significant amount of your time doing "management" duties. If you do not, then you may have an overtime claim. If you have more questions, please contact me 800.404.7868 or visit my website on this subject, www.flsaclassaction.com.
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2. If you are uncomfortable, you must report your supervisors' behavior to your company. They should have a policy/procedure for this. If not, they could be in big trouble. Again, if you have more questions, please feel free to contact me at 800.403.7868 or acrone@cronemason.com or see my website on this subject, www.americanworkrights.com.
posted Sep 16, 2002 10:19 AM [EST]
Answer to Denying benefits/payroll change
Benefits Overtime AnswerA class action is sometimes the only way to pursue these types of claims if your claim is small. My office has handled these sorts of class claims. We would be happy to talk with you. Please give me or my paralegal Karen a call 901.527.5522 to discuss the matter.
posted May 31, 2002 2:16 PM [EST]
Answer to non-compete
Non-Competes must be ReasonableNon-compete agreements must be reasonable in scope and application. They may not restrict you from competing for an unreasonable lenght of time nor in an unreasonable area. Such agreements must also be supported by consideration, in other words, you must have received something of value in exchange for your agreement. The amount of disclosure on the terms of the agreement including the cost associated with your employment may come into play there. To give you more advice an attorney would need to review the agreement and spend some time talking with you.
posted May 28, 2002 08:17 AM [EST]
Answer to Withholding Employee Information on Termination
Employee RecordsMost employers take the postition that all company records, including personnel files are company property. Most employers have a policy which allows you to review your personnel file, but not take materials or copy materials. In Tennessee there is no legal requirement that the company make these records available to you, but it is a good business practice to do so. Depending on how important viewing the records is to the employee, spending some money to hire an attorney to negotiate a resolution may be justified.
posted Jan 4, 2002 09:50 AM [EST]