Answers Posted By Aaron Maduff

Answer to Nonsolicitation in Consultant Agreement

Nonsolicitation in Consultant Agreement

This may well create a problem. I would have to have a better understanding of what your services are. On the other hand, they would have to sue you to collect on it.
Aaron Maduff

posted Apr 24, 2003 6:48 PM [EST]

Answer to Employment contract, "Loyalty" clause

Employment contract, "Loyalty" clause

The first question is "do you want to set up a website." If you don't think you are giving anything away, there is nothing to worry about. But more importantly, this becomes a contract which was written by the employer. As a matter of contract law, any ambigueties must be resolved against the drafter of the contract, in this case the employer. It sounds to me like what they are saying is that during business hours you are working for the company and not for yourself. That said, I do not have the complete offer letter to review and I know nothing about the job. We normally have a consultation to review these kinds of things. In the long run, if you are concerned you can ask for clarification or you can have an attorney do so for you.
Aaron Maduff

posted Apr 23, 2003 5:13 PM [EST]

Answer to Hostile work environment

Hostile work environment

A hostile work environment is just that. To be actionable under discrimination it must be based upon some protected class such as sex, race, age, disability, etc.

posted Apr 11, 2003 7:40 PM [EST]

Answer to incentive program for hourly employees

incentive program for hourly employees

The key is that you will have to pay time and a half for overtime. We would need far more information to make a legal recommendation, but if the incentive has the effect of paying more than the time and a half for the overtime, you might be able to arrange it. But again, I would want to review the entire program before providing legal advice on this issue.
Aaron Maduff

posted Apr 6, 2003 8:25 PM [EST]

Answer to How to decide Salary Vs. Hourly

How to decide Salary Vs. Hourly

So long as they are employees it doesn't really make a difference. If you put them on a salary and they are not by virtue of their duties exempt under the Fair Labor Standards Act, you will still have to pay overtime for any hours worked beyond 40, you would simply divide the employee's salary by hours to determine his/her hourly wage for use in overtime calculations. So in the long run it doesn't make much difference. Although I would suggest that using an hourly might make computations easier. But without further information on what people are doing, it is hard to determine whether they are exempt or not. This is the kind of thing we usually would do with a consultation. Good luck.
Aaron Maduff

posted Apr 6, 2003 8:22 PM [EST]

Answer to company buyout job elimination

company buyout job elimination

The bad news is that you are not entitled to severance pay. Companies often offer severance pay in return for waivers of potential liability, but they do not have to do so. The good news is that you can receive unemployment. The company is not going to challenge your discharge on the basis that you committed misconduct (known as a section 602 challenge) and if they do they would probably lose on these facts. Furthermore, if they challenged it on the basis that you left voluntarily (known as a section 601 challenge) all you have to show is that you had good cause for leaving. Frankly, relocating sounds to me like good cause. I hope this helps.
Aaron Maduff

posted Apr 2, 2003 10:46 PM [EST]

Answer to Exemption with timecards?

Exemption with timecards?

Whether you are exempt is a matter of control. You are not exempt simply because the employer puts you on salary and says that you are. You are likely owed overtime for any hours worked over 40 per week. The kind of control that they are exercising over you in this case makes it even more likely that you are not exempt. Of course I would have to review all the facts of your employment more carefully. If you have been denied overtime you are entitled not only to the monies owed, but to an additional equal amount as "liquidated damages". I would advise you to call an attorney immediately whether it is our offices or one of the other quality employment lawyers in Chicago.
Aaron Maduff

posted Feb 26, 2003 10:54 PM [EST]

Answer to severance and unemployment please help

severance and unemployment please help

It sounds as if they are treating you as if you are still employed. From the facts you have provided, I can't think of a reason not to cash the checks but I would want to meet with you first to get further details. This is an odd situation because severance is usually provided in return for some agreement to sue. I do think you should contact an attorney.
Aaron Maduff

posted Feb 22, 2003 8:52 PM [EST]

Answer to H1 B extension

H1 B extension

Call Alex Cafferelli at Cafferelli and Siegel in Chicago.
Aaron Maduff

posted Feb 6, 2003 6:10 PM [EST]

Answer to Civil rights killed through taxation

Civil rights killed through taxation

There has been an ongoing problem with taxation of civil rights awards and there is a proposed bill to address that concern. However, as a general rule, we have not closed down our civil rights practices. These cases still need to be pursued. Of course without knowing the specifics of your case, I cannot begin to assess whether or not it is worth pursuing.
Aaron Maduff

posted Jan 8, 2003 3:56 PM [EST]