Answers Posted By Aaron Maduff

Answer to wrongful discharge and unemployment compensation?

wrongful discharge and unemployment compensation?

Normally employees tend to have the advantage in unemployment cases. Under Sec. 602, the employer can challenge unemployment on the basis of misconduct. Misconduct is defined as either 1) a violation of some policy which costs the company money; or 2) multiple violations of a company policy after being warned. The burden is on the employer. If the employer has three people willing to testify that your husband changed the settings, then it is going to be a difficult case. We would have to discredit all three of them. Another line of attach however would be to show that the company did not lose any money by this act, or that there was no policy against changing the settings. But because the policy does not have to be written, this can still be difficult. Do you have any witnesses who can show that he could not have done it? That would certainly help. As for the insurance, they should offer him COBRA benefits. They would keep the insurance going for I believe up to 18 months, but he would have to pay the company the insurance premiums. You should probably contact an employment attorney like us or any of the other fine lawyers listed on this site.
Aaron Maduff

posted Mar 22, 2004 6:09 PM [EST]

Answer to Selective enforcement of non-compete

Selective enforcement of non-compete

There are several things at work: 1) Are you in fact violating the non-compete? 2) Is the non-compete enforceable? 3) Have they waived the right to enfore the non-compete? 4) Why are they treating you differently than others? 5) What steps have they actually taken to enforce it? Generally speaking, non-competes have to be drwn very narrowly and are often unenforceable because they are overbroad. In order to really answer you question, an attorney needs to get more information about what you did for the employer, what you are doing, and review the non-compete agreement. Who the other people are that are being treated differently is also relevant. You should contact our offices or one of the other fine employment attorneys on this site and schedule a consultation.
Aaron Maduff

posted Mar 3, 2004 10:04 AM [EST]

Answer to Legal Actions by Employer?

Legal Actions by Employer?

None of these contracts are likely to be enforceable. The non-compete sounds excessive as 50 miles is probably overreaching given the facts here. In addition, she is clearly an employee and she should report to the IRS that she is an employee and not be paying self employment taxes. She never should have given him the money in the first place and it seems that she is owed the money and the interest. If he is doing this to 80 employees, this is likely a class action claim. I would also be interested to know what he did with that $80,000. I somehow doubt that he is keeping it in escrow, but hsa probably spent it. She needs to contact a lawyer.
Aaron Maduff

posted Feb 20, 2004 5:55 PM [EST]

Answer to Legal Actions by Employer?

Legal Actions by Employer?

None of these contracts are likely to be enforceable. The non-compete sounds excessive as 50 miles is probably overreaching given the facts here. In addition, she is clearly an employee and she should report to the IRS that she is an employee and not be paying self employment taxes. She never should have given him the money in the first place and it seems that she is owed the money and the interest. If he is doing this to 80 employees, this is likely a class action claim. I would also be interested to know what he did with that $80,000. I somehow doubt that he is keeping it in escrow, but hsa probably spent it. She needs to contact a lawyer.
Aaron Maduff

posted Feb 20, 2004 5:55 PM [EST]

Answer to enforceable geography

enforceable geography

There are a lot of factors that go into the enforceability of a non-compete and more often than not, broad non-competes are not enforced. But generally, before answering a question like this an attorney needs to review the non-compete and discuss with you what it is you want to do. I recommend that you contact our offices or one of the other fine employment attorneys on this site for a consultation.
Aaron Maduff

posted Jan 30, 2004 4:55 PM [EST]

Answer to Payroll lost check, someone cashed it

Payroll lost check, someone cashed it

We would certainly need more information, but they have to pay you. You probably have a claim for minimum wage law violations as they paid you nothing and you can file a claim with the Department of Labor as well. You should probably review this with an attorney.
Aaron Maduff

posted Jan 26, 2004 12:58 PM [EST]

Answer to Severence contract still in force?

Severence contract still in force?

The facts here are unclear. If you signed a severance that they offered, it should still be in effect. But your taking the action of resigning, depending on the agreement and what it is you did, could change that. But, if you did so because of fraud by the company, that might well leave the agreeement in effeect anyway. In short, you need to have a consultation with an attorney to review the severance agreement and the facts more carefully. You should call us or any of the other fine employment lawyers on this site.
Aaron Maduff

posted Jan 9, 2004 10:50 AM [EST]

Answer to Is Non Compete Enforcable when laid off

Is Non Compete Enforcable when laid off

It depends on the non-compete. If it is silent on the matter of termination, then the fact that you were terminated probably will not make it unenforceable. However, may non-competes are excessively written such that they are unenforceable and we would have to review the agreement.
Aaron Maduff

posted Jan 9, 2004 10:46 AM [EST]

Answer to Ex-Employer owes me $10,000+ in payroll & expenses

Ex-Employer owes me $10,000+ in payroll & expenses

You can file with the Department of Labor. You can also file in Federal Court. In addition to what you are owed, the Court can also order the Defendants to pay liquidated damages in the same amount and your attorney's fees. But as always, an attorney needs to review the specifics of your case to be able to give you sound legal advice. In addition, I would want to know something about his ability to pay and what assetts he has in this country. You should contact us or one of the other fine employment attorneys listed on this site.
Aaron Maduff

posted Jan 6, 2004 7:29 PM [EST]

Answer to Am I being blackballed?

Am I being blackballed?

It is not illegal to give out other information. However, because employers are concerned that they may get sued for defamation if they say somehting that isn't true or get sued by a future employer for giving information that the future employer might rely on to its detriment, most businesses have a policy of not giving out more information. The key here is whether they are lying when they say you had attendance problems.

posted Dec 17, 2003 6:45 PM [EST]