Aaron Maduff
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Answers Posted By Aaron Maduff
Answer to Quitting job based on salary misrepresentation, is it "just cause"
Quitting job based on salary misrepresentation, is it "just cause"Unfortunately just cause basically means a constructive discharge, an intollerable working environment, or some reason why you really can't work there. Failure to meet their promises won't do it. If you have a contract that may make a separate case.
Aaron Maduff
posted Aug 6, 2003 08:38 AM [EST]
Answer to Am I being treated fairly on FMLA
Am I being treated fairly on FMLAA lot of this depends upon their FMLA policy -- they have some flexibility. However, since more than 12 months have passed and since it is a different calendar year, I find it hard to believe that you are out of FMLA. I would want to see the policy. Please feel free to call us or any of the other fine employment lawyers on this site.
Aaron Maduff
posted Jul 28, 2003 10:30 AM [EST]
Answer to Non-Compete Statute of Limitation
Non-Compete Statute of LimitationThis is not a matter of retroactively pursuing the non-compete. If you violated it, they have several years to file a complaint for violation of a contract (the non-compete being a contract). However, most non-compete agreements that we see are unenforceable for being to broad or otherwise unconscionable. Therefore, just because you may not have a statute of limitations defense doesn't mean that you don't have other defenses. I would strongly advise consulting an attorney whether it is our office or one of the many other fine lawyers in Illinois that you will find here.
Aaron Maduff
posted Jul 22, 2003 6:01 PM [EST]
Answer to Overtime for salary
Overtime for salaryWhile they can require you to work the overtime, if you are not an exempt employee they are going to have to pay you for the overtime. There may be some issues regarding the rate, but these should be easily resolved. In addition, it is likely that you will be entitled to liquidated damages (basically double damages) because this appears to be a wilfull violation of the law. You need to speak to an attorney as quickly as possible as there is a 2 year statute of limitations if the conduct is not found to be wilfull and that 2 year window is moving. Please feel free to call us or any of the fine attorneys listed on this site.
Aaron Maduff
posted Jun 9, 2003 11:37 AM [EST]
Answer to Overtime for salary
Overtime for salaryThere are certain exceptions and it depends upon what you are doing. However, under the facts you have provided here, it does appear that you have overtime due and owing and are likely entitled to twice your overtime as a penalty (called liquidated damages). You should call or email us or any of the other excellent employment lawyers in Illinois as quickly as possible.
Aaron Maduff
posted Jun 4, 2003 08:52 AM [EST]
Answer to Overtime exemptions and job setting
Overtime exemptions and job settingIf you are not receiving time and a half pay for hours over 40 it sounds like you have a claim for it. You need to discuss this with an attorney immediately because your statute of limitations could be running. Please call or email us or any of the other excellent employment lawyers in Chicago.
Aaron Maduff
posted Jun 4, 2003 08:49 AM [EST]
Answer to Is this non-compete still valid?
Is this non-compete still valid?The short answer is that it likely would not prevent you from taking the position even if it is valid from what I have heard. However, I would want to take a close look at the non-compete agreement and the rules at the company you want to work for. As a general rule, non-compete agreements are going to be valid of they are reasonable in the geographic coverage, time, and kind of work they prohibit. However, in this case, it appears that perhaps you would not be competing with them if the company is not using consultants. This depends in large measure what the non-compete says. But in the long run, an attorney can often negotiate a resolution which would permit you to take the job, particularly if your current employer has nothing to lose.
Aaron Maduff
posted May 30, 2003 12:22 PM [EST]
Answer to back pay in il
back pay in ilIt depends on what the pay is for. If you worked they have to pay you for it. In addition, if you are not a manager, and you worked more than 40 hours in a week, odds are they also have to pay you time and a half for all hours over 40.
Aaron Maduff
posted May 14, 2003 6:02 PM [EST]
Answer to back pay in il
back pay in ilIt depends on what the pay is for. If you worked they have to pay you for it. In addition, if you are not a manager, and you worked more than 40 hours in a week, odds are they also have to pay you time and a half for all hours over 40.
Aaron Maduff
posted May 14, 2003 6:02 PM [EST]
Answer to back pay in il
back pay in ilIt depends on what the pay is for. If you worked they have to pay you for it. In addition, if you are not a manager, and you worked more than 40 hours in a week, odds are they also have to pay you time and a half for all hours over 40.
Aaron Maduff
posted May 14, 2003 6:01 PM [EST]