Aaron Maduff
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Answers Posted By Aaron Maduff
Answer to SEVERANCE PAY DISPUTE
SEVERANCE PAY DISPUTENormally, people use this site for legal questions. But in this case, you seem to need an attorney. Call us at 312/276-9000. Or if you prefer, feel free to contact any of the other attorneys on this site directly.
Aaron Maduff
posted Jul 15, 2004 08:51 AM [EST]
Answer to Is a non-compete honored if fired?
Is a non-compete honored if fired?The fact that you are fired does not invalidate a non-compete agreement. but many other things may. In our experience, many non-compete agreements are over reaching and not enforceable for that reason alone. You really need to review this with an employment attorney. Feel free to call us or one of the other fine employment lawyers on this site.
Aaron Maduff
posted Jul 14, 2004 3:30 PM [EST]
Answer to Severance
SeveranceThis really becomes a contract issue. An oral contract is enforceable though you do have to prove that it exists. But whether or not it will be worth paying an attorney to pursue depends on how much money is at stake.
Aaron Maduff
posted Jul 2, 2004 12:41 PM [EST]
Answer to Can I be sued for breach of non-compete?
Can I be sued for breach of non-compete?Having not gone to work for Client X, there does not appear to be any claim that your former employer can make at all. However, even if you went to work for Client X, there are a number of reasons why your former employer may not be able to successfully sue you. A lot of it dependso n what the non-compete agreement says. It may be that working for client X is not really covered by the non-compete agreement, it may also be that the non-compete agreement is overly broad and therefore not enforceable. It also depends on what kind of work you were doing for your former employer and what kind of work you would be doing for Client X. You should discuss this with an attorney who is going to need some more information, including a copy of the non-compete. Call us or any of the other fine employment lawyers on this system.
Aaron Maduff
posted Jun 21, 2004 11:57 AM [EST]
Answer to Can I be sued for breach of non-compete?
Can I be sued for breach of non-compete?Having not gone to work for Client X, there does not appear to be any claim that your former employer can make at all. However, even if you went to work for Client X, there are a number of reasons why your former employer may not be able to successfully sue you. A lot of it dependso n what the non-compete agreement says. It may be that working for client X is not really covered by the non-compete agreement, it may also be that the non-compete agreement is overly broad and therefore not enforceable. It also depends on what kind of work you were doing for your former employer and what kind of work you would be doing for Client X. You should discuss this with an attorney who is going to need some more information, including a copy of the non-compete. Call us or any of the other fine employment lawyers on this system.
Aaron Maduff
posted Jun 21, 2004 11:56 AM [EST]
Answer to reasonable accommodate
reasonable accommodateIf the broken hip significantly impacts a major life activity such as walking, then you may be siabled under the ADA. The company must have 15 employees for it to be covered by the ADA. The next question is could it have made a reasonable accommodation. I would need more facts to address your case. You should contact us or any of the other fine attorneys listed here.
Aaron Maduff
posted Jun 16, 2004 6:02 PM [EST]
Answer to Promotion not given due to Maternity Leave
Promotion not given due to Maternity LeaveThis sounds like a violation of the pregnancy discrimination act. You should see a lawyer immediately.
Aaron Maduff
posted Jun 8, 2004 08:40 AM [EST]
Answer to Unpaid Wages
Unpaid WagesIt sounds like you have a claim for unpaid wages which is valid under the Illinois Wage Payment and Collection Act and the United States Fair Labor Standards Act. Depending on how much it is, it may make more sense to have an attorney negotiate it than filing a lawsuit if it can be negotiated. But any attorney is going to need some more information. You should call us or one of the other fine employment lawyers on this site.
Aaron Maduff
posted May 17, 2004 3:13 PM [EST]
Answer to Non-Compete, IL worker with MD laws
Non-Compete, IL worker with MD lawsAt the outset, I have to note that we are not licensed in Maryland and not familiar with the specifics of Maryland law. That said, typically non-compete agreements will only be enforced by the courts if they are reasonable both in their geographic range and their lifespan. Usually, that time element relates to how long it will take the company to recover clients it had. If you are not doing anything that can injure the former employer, it is unlikely that the former employer will sue you because it will cost them to do so and its likelihood of success is not real strong. But I would need far more information to understand the specifics of your case. You should call us or one of the other fine employment lawyers listed on this service.
Aaron Maduff
posted May 15, 2004 10:51 AM [EST]
Answer to Non payment of commissions due me
Non payment of commissions due meI presume you have a contract. If they are in violation of the contract, an attorney can try to negotiate with the company and file a contract action if necessary. The problem is that it could create some ill will and result in termination of the contract. If you are not going to get paid then that probably isn't a big deal. On the other hand, if you are going to get paid jus ta little late then it may be to your benefit to wait it out. You may want to consult an attorney on this.
posted Apr 14, 2004 09:08 AM [EST]