Answers Posted By Aaron Maduff

Answer to WRONGFULLY TERMINATED

Wrongfully terminated -- Administrative Assistant for Bookkeeper

There may be sex discrimination if the man is diong similar work and is being paid similarly. In other words, they have to let someone go, but are you and he doing the same job? Could you be doing his job? Otherwise, an employer can fire an employee for any reason or no reason at all so long as it isn't a specifically illegal reason -- and what you have described does not fall into one of those categories. By the same token, you have the right to quit at any time.
Aaron Maduff

posted Jan 2, 2003 08:52 AM [EST]

Answer to Severance pay

Boat Captain's 12 week's severance

The pay rate at which you would receive severance is typically your current pay rate. If they have told you that you will get 12 weeks severance, you can probably trust that you will although there is no law compelling them to provide it. However, it is generally accepted that providing severance is the right thing to do and they will want waivers of claims from you. You do not have to accept severance pay if you do not want to waive claims, but then the real question is do you have any such claims. In this case, you have not identified anything that sounds like a claim so it probably doesn't hurt to waive them and take the severance package. But if you believe that there has been some kind of discrimination or failure to pay overtime or workman's compensation, etc., you may want to think twice about signing the severance package.
Aaron Maduff

posted Dec 21, 2002 2:39 PM [EST]

Answer to Offer Letter / STD

Offer Letter /STD

I would have to agree with John. Under standard contract law, if they make an offer and you accept that offer, you have a contract. The only question is what are the terms. But all of these things require looking at the contract.
Aaron Maduff

posted Nov 19, 2002 4:29 PM [EST]

Answer to NEEDED AT HOME

Needed at home

Unfortunately, unemployment only kicks in if you are terminated. You may be able to take up to 12 weeks off for Family Medical Leave however.
Aaron

posted Nov 14, 2002 6:54 PM [EST]

Answer to Non-Compete Dilema

Non-compete dilemma

I don't think that the pay cut is going to eliminate the non-compete. However, there is going to be a violation of the Fair Labor Standards Act and the Illinois Wage and Hour Law if they do it. Employers have to pay you for work done.
Aaron

posted Nov 9, 2002 09:53 AM [EST]

Answer to Forced to sign non-compete after starting employment...

Is the consulting company's non-compete enforceable against your husband

A lot of this depends upon the non-compete agreement. I would want to review it -- I imagine there are loopholes and creative ways to deal with it from your description. But even if there aren't in it, from what you have stated, there are several ideas that come to mind. Unfortunately, I would need some more information, particularly with regard to the work and what your goal is. This is definately a case worth your seeing a lawyer and having a consultation (we might be able to handle it with a single consultation). I urge you to give us a call (312) 236-8877 or another of the fine lawyers listed at MEL.
Aaron Maduff

posted Nov 7, 2002 01:35 AM [EST]

Answer to Estimate legal fees for fighting non compete agreement

Estimate legal fees

If she is in Illlinois, I doubt the employer would sue her over it. Odds are that the geographic distance even if it is in the non-compete is so great as to make it invalid. Of course I would want to see the agreement. If the agreement is as flawed as I suspect, it should take only a few thousand dollars to get the case dismissed. On the other hand, trying to estimate fees for a case is difficult. A case that goes through discovery and through trial, particularly if there are expert witnesses involved can be much higher $50,000 or more, though in this case that seems highly unlikely. But without the facts and the agreement it is difficult. With this information, I would suspect your analysis is correct if a bit conservative (i.e. higher than I would anticipate.)

posted Sep 26, 2002 8:13 PM [EST]

Answer to non-compete restricting working in an italian restaurant

Italian Restaurant Non-Compete

An attorney would definately need more information to answer this question. I would probably want to see the non-compete and want to know what it is you were doing. That said, this non-compete sounds unenforceable in that it is unreasonable in its geographic restrictions. An Italian Restuarant in Eau Clair Wisconsin, Evansville Indiana, or Marquette Michigan would be unlikely to be in competition with one in Chicago or each other. Additionally, depending on your position (server v. Lead Chef for example) it may be even more unreasonable. In short, while I would like more information and would want to see the non-compete, from the information provided, I would say probably not.

posted Sep 18, 2002 10:03 PM [EST]

Answer to Severance Discrimination

Severance Discrimination

The primary question here is on what basis you believe you were discriminated against. If the reason the other person got more in severance pay than you is because of your age, religion, race, gender, national origin, or disability, then you may have a claim for discrimination which is actionable.

posted Aug 29, 2002 5:12 PM [EST]

Answer to discrimination - brain tumor

Discrimination - Brain Tumor

This sounds like a potential ADA case. It does depend on how that tumor effects you and how it is percieved by your boss. However, the key difference between your layoff and the others is that you were replaced. You should take a look at our webpage www.madufflaw.com for further information, and I would strongly urge you to contact an attorney.

posted Aug 9, 2002 11:05 AM [EST]