Aaron Maduff
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Answers Posted By Aaron Maduff
Answer to Salary questions
Salary questionsWhile I am not clear as to what your question is, the employer will be responsible for paying at least the minimum wage and a penalty. Depending on what you are doing and some of the conditions, if you are working more than 40 hours a week, you may be entitled to overtime. However, a great deal more information is needed before anyone can really comment on your case. You should call us or one of the other attorneys on this site for help.
Aaron Maduff
posted Dec 17, 2003 6:38 PM [EST]
Answer to SEVERANCE AGREEMENT
SEVERANCE AGREEMENTThe answer may very well be yes, but because a severance agreement is a kind of contract, an attorney would have to review the agreement to determine your rights under it. You should call us or one of the other fine employment lawyers listed on this site.
Aaron Maduff
posted Dec 3, 2003 6:00 PM [EST]
Answer to Salary cut after signing non-compete - Is it valid?
Salary cut after signing non-compete - Is it valid?Non-Competes are often drawn so broadly, that they are not enforceably. Therefore, regardless of salary cuts, your non-compete may not be enforceably. On the other hand, once you have signed it, salary cuts will generally not effect its enforceability, unless it specifically references the salary.
posted Nov 18, 2003 5:34 PM [EST]
Answer to Is a Non Compete Valid if your Terminated Before 90 days?
Is a Non Compete Valid if your Terminated Before 90 days?The Non-Compete may not be valid for any number of reasons, but the fact that you were terminated having worked less than 90 days is not likely to be relevant. (We would have to review the non-compete.) However, because non-comnpete's are so often written in a way which makes them unenforceable, it is likely that you can challenge it in other ways. But an attorney would have to read the non-compete and understand what it is that you are doing. You should certainly review this with an attorney. Feel free to call us or one of the other fine employment lawyers and firms here at MEL.
Aaron Maduff
posted Nov 4, 2003 08:54 AM [EST]
Answer to Am I entitled to any severance package according to the jurisprudence ?
Am I entitled to any severance package according to the jurisprudence ?The law does not require them to give you severance. However, most companies will do so and ask you to waive any legal claims in exchange. In addition, it sounds as though they are discriminating against you because of your national origin, French. A major part of our practice is negotiating severance packages as it is for many employment lawyers. You don't have to sue them to get severance, but you may have claims against them. You should contact us or one of the other fine employment lawyers in Illinois here.
Aaron Maduff
posted Oct 31, 2003 03:09 AM [EST]
Answer to Mandatory 50 hour work week for salary workers.
Mandatory 50 hour work week for salary workersDepending on your job responsibilities, you may be exempt from the requirements of time and a half for overtime. You really need an attorney to review your work and reporting structures. If you are not exempt (usually because you are not managing anyone and have no special education) we can determine your regular hourly pay by dividing your salary by 40 hours a week and then you should get time and a half for the overtime. This is a matter of Federal Law so the boss can't avoid it if it is owed to you. If not, there may be other solutions. Please feel free to contact us or one of the other fine employment attorneys in Illinois.
Aaron Maduff
posted Oct 1, 2003 10:23 PM [EST]
Answer to required to work 52 hrs or be fired
required to work 52 hrs or be firedAn employer can require overtime, but must pay time and a half if the position is a non-exempt one. There are exceptions which include situations where a person's health is threatened. This can sometimes be addressed through the Family and Medical Leave Act or the Americans With Disabilities Act.
Aaron Maduff
posted Sep 21, 2003 08:09 AM [EST]
Answer to Employer not fulfilling termination clause
Employer not fulfilling termination clauseThis becomes a contract action and it sounds like you should have some success. The question becomes what will you get. I wouldn't call it severance so much as a settlement or a judgment. What we would want to do first is to contact the company and try to negotiate it before you file any lawsuit. That would be faster, cheaper, and would avoid any stigma that having sued a former employer might leave you.
Aaron Maduff
posted Aug 28, 2003 09:57 AM [EST]
Answer to Assigment of Agreement in Non-Compete, still enforceable?
Assigment of Agreement in Non-Compete, still enforceable?I would have to review the agreement to make a proper recommendation, but it sounds as though your attorney is correct. In addition, we often find that non-competes are written so broadly as to be unenforceable in any event. Finally, there may be ways for you to go into business doing something similar without violating the non-compete. But again, we would need to review it before we could really give advice.
Aaron Maduff
posted Aug 20, 2003 09:47 AM [EST]
Answer to Assigment of Agreement in Non-Compete, still enforceable?
Assigment of Agreement in Non-Compete, still enforceable?I would have to review the agreement to make a proper recommendation, but it sounds as though your attorney is correct. In addition, we often find that non-competes are written so broadly as to be unenforceable in any event. Finally, there may be ways for you to go into business doing something similar without violating the non-compete. But again, we would need to review it before we could really give advice.
Aaron Maduff
posted Aug 20, 2003 09:43 AM [EST]