Answers Posted By Aaron Maduff

Answer to Legality of non-compete agrreements in the state of IL.

Service manager to quoting person

Its not entirely clear what the problem here is. However, it sounds to me as though the company destroyed the value of its own non-compete. If you now have a different title, then it no longer effects you. In any event, non-compete agreements are generally fairly limited because the law doesn't want to prevent a person from working. In any event, if you were to take a position and there was some concern as to whether the non-compete applied, it would be up to the company to sue you if they really want to take the time to do so. You are probably best off taking a copy of it to an attorney.
Aaron

posted Apr 7, 2002 10:25 PM [EST]

Answer to Franchisee defamation actionable to national franchise?

Slander and Overtime -- Durett

Mr. Durrett,
You have several claims here. The Fair Labor Standards Act requires that you be paid and paid appropriately for overtime. In addition, the slander is also actionable in Illinois as Defemation per se. I am not clear what you have filed with the Department of Labor, but you can also file in Federal Court under the FLSA. I would highly reccommend that you give a call to one of our fine Illinois Employment attorneys.. or if you wish, you can even call us. (Levity included).
Aaron

posted Apr 3, 2002 4:14 PM [EST]

Answer to Non-compete and withheld severance

Non-compete and withheld severance -- You have multiple claims

There is certainly no requirement that they provide you severance pay. However, it is usual to do so in exchange for various releases. But they cannot withhold your check. You have described violations of both Federal and State Law. In addition, while non-compete agreements are enforcable, they have to be reasonable and if this particular agreement prohibits you from working in your profession, it is very likely unreasonable and not enforcable. Normally what we will do in situations like this is negotiate a severance package for the client. There seems to be quite a bit to work with here as well. Feel free to give us a call or consult with an attorney.
Aaron Maduff

posted Mar 24, 2002 12:23 AM [EST]

Answer to Older contracted workers being replaced by young for less.

Older contracted workers being replaced by younger

It is difficult to tell from the information you have provided what the employment relationship is. But as a general rule, under the Age Discrimination in Employment Act, it is illegal for a company to discriminate against older workers in favor of younger ones. The key is that in order to be covered, the older worker must be over 40. Lets be clear here -- the age of the younger worker is not a concern so long as he is younger. In other words, a 50 year old person who is discriminated against in favor of one who is 45 may still have a cause of action. However, the proof of such claims is not always easy. In the case described, the large numbers of older workers being replaced by younger workers is extremely helpful because it not only creates a pattern, but the company is going to have to provide individual reasons for each person terminated.

posted Mar 9, 2002 12:34 AM [EST]

Answer to Fraudulent representation

Pre-Qualified Appointments not what Employer made them out to be

The short answer is that if you suffered damage (as you described) because the employer made false representations to you, you may have a claim for "detrimental reliance". In short, you relied upon the employer's representations to your detriment, and it cost you money.
Constructive discharge is not really a cause of action, but a way of claiming that you were discharged when you quit. That's fine, but the discharge has to be illegal before you can recover anything.

posted Jan 30, 2002 6:20 PM [EST]

Answer to Is an Employee Agreement a Contract?

Employee Agreement as a Contract

The words "nothing contained in this Agreement constitutes a contract of employment" are carefully chosen by the employer for a specific reason. Employment in Illinois is "at-will". This means that under ordinary cirucmstances, an employee may resign from a position at any time, and an employer may terminate the employment relationship at any time and for almost any reason (there are certain exceptions under the law) as well.
In this case, the agreement is certainly a contract of a kind. It is a contract with regard to the specific material it covers, specifically non-compete and non-disclosure.
YOU SHOULD BEWARE however, that the non-compete portions of this agreement could cause you difficulties in finding work in the future should your employment relationship with this employer terminate at some point. I most vociferously recomend that you CONSULT WITH AN ATTORNEY before signing this Agreement whether it be our offices or another.
Aaron Maduff

posted Jan 24, 2002 10:01 AM [EST]

Answer to Non compete signed under duress

Non-Compete Under Duress

Your ultimate question seems to be can you do other business? In order to answer that question, an attorney would need to review the non-compete agreement and discuss with you what it is you want to do independantly. What you want to do may not violate the non-compete, or under certain conditions the non-compete agreement may be unenforceable -- for example if your services are so specialized that the non-compete would effectively prevent you from working.
With regard to the question of whether the non-compete agreement is invalid because it was signed under duress, I am afraid you are going to lose that argument. Under the law, you had the choice to leave employment with that employer instead of signing the non-compete. In other words, the law looks at it as just another conidition of employment that you agree to if you want the job.
I would like to see the agreement however and examine what it is you want to do.
Aaron Maduff

posted Jan 16, 2002 9:16 PM [EST]

Answer to non-compete

Obligation to a non-compete agreement

I could really use more information here, but if you sign a non-compete agreement, assuming it to be reasonable, you are going to be bound by it. And an employer can condition offering a position on the signing of a reasonable non-compete in most cases. But I am not clear what any of this has to do with your prior employer. I would love to hear more about your situation.
Aaron Maduff (Madufflaw.com)

posted Dec 20, 2001 7:13 PM [EST]

Answer to Justification for Employee Lay Off

Justification for Employee Lay off -- Reverse Discrimination

Reductions in force create a difficult problem for employers. Certainly, an employer who lays off a minority, or other person where it might appear that the lay off was motivated by that person's membership in some protected class (i.e. black/white, male/female) faces the possibility that a discrimination claim will be made against it.
In this case, it sounds as though you may be concerned that the employer is attempting to avoid the appearance of age discrimination. But when it comes to age discrimination, one is only a member of the protected class if he or she is over the age of 40.
If you have reason to believe that the employer has an evil intent, then you should consult an attorney. But sometimes an employer is just stuck with a difficult decision. As Freud would say, sometimes a cigar is just a cigar.
While that certainly doesn't serve much concillation, if the real reason is a RIF, then maintaining a good relationship with the employer may help in getting new employment. A letter that says that you were a good employee whom the employer did not want to let go, but had no other choice in the face of economic concerns may well help to get another job.
If such a letter is not easily forthcoming, an attorney may well be able to help you negotiate it as part of a severance package. And usually severance packages are negotiable.

posted Dec 18, 2001 10:03 PM [EST]

Answer to Heart attack

FMLA for 8 days

FMLA runs concurrent with paid days. The company is required to keep your job open for you while you are on FMLA Leave but there is no requirement that you be paid during that leave. However, you can take vacation days during that time and receive pay. But the two run concurrently if you take a paid vacation day. The same is true for sick days.

posted Dec 15, 2001 8:27 PM [EST]