Arthur Schofield
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Answers Posted By Arthur Schofield
Answer to Promoted to a permanent position from contractor, but no emplyment contract yet.
You have recourse for any hours worked, but not paid. As for forcing them to extend you a contract, you have no right to force that, unfortunately. Hope this helps.posted Jul 18, 2014 11:10 AM [EST]
Answer to release of non compete
This e-mail is a bit difficult to follow. Contact my office at your convenience an we will see if we can assist you with this matter.Thank you.
Arthur Schofield
561.655.4211
posted Jul 11, 2014 11:05 AM [EST]
Answer to release of non compete
This e-mail is a bit difficult to follow. Contact my office at your convenience an we will see if we can assist you with this matter.Thank you.
Arthur Schofield
561.655.4211
posted Jul 11, 2014 11:04 AM [EST]
Answer to Can I be denied severance pay if I accept a position that is not comparable with my current package?
There is no legal entitlement to a severance package unless you are working under a contract that provides for that right. What a lot of companies are doing now is giving 60 days of severance in lieu of the WARN notice. Hope this helps.posted Jul 8, 2014 07:53 AM [EST]
Answer to Looks like I am being forced to quit!!! Do I have to pay relocation?
The answer will depend on the language of your agreement or contract, but generally those provisions are enforceable unless there has been some prior breach to the agreement by the employer. I realize this is not a definitive answer, but without the agreement to review I cannot give one. Hope this helps.posted Jun 9, 2014 05:12 AM [EST]
Answer to Previous company threatening arbitration when new job has nothing to do with previous job
First step will then be to have a lawyer demand a copy of the Agreement. If they believe it is enforceable, they should be willing to share it. The Agreement is necessary to review before giving guidance because the terms of the Agreement will define what you can or can not do.posted Mar 17, 2014 08:04 AM [EST]
Answer to Previous company threatening arbitration when new job has nothing to do with previous job
Noncompete agreements, or restrictive covenants, are enforceable in Florida. The only way to determine whether this particular agreement is enforceable is to see the agreement itself. Also, more would have to be known about the two positions. I recommend he seek counsel before taking this new position. Should a claim be filed, they are normally filed against both the employee and the new company. And, the claims often times require the employee to pay the former employer's attorneys fee.posted Mar 17, 2014 05:51 AM [EST]
Answer to Can I be terminated from a company I worked at for 3 years for taking a second job
This would not be an illegal reason for the termination of your employment and as Ms. Towzey points out, employment in Florida is based on the at-will doctrine absent a contract stating otherwise. At-will means simply that either party can terminate the relationship because it is there will to do so. As long as there is not an illegal motive behind that decision, there is not claim to pursue for the termination decision. I am sorry to hear that this employer chose to terminate.posted Feb 4, 2014 07:23 AM [EST]
Answer to Non-compete
This will likely depend on the type of sale that occurred between the two companies. Also, if the agreement was not written to benefit successors then it is possible that the new company does not have a legal right to enforce the agreement. I recommend that you have an attorney look into that before you make any moves that may violate the agreement. Hope this helps.posted Feb 3, 2014 12:19 PM [EST]
Answer to employment defamation
There is a lot involved in your question; likely to much to be addressed in this formum and, as such, I recommend you consult with a lawyer who will also want to review pertinent documents/contracts. General answers, however, are that the termination of a contract will be determined by the language of the contract. People can be removed from a position and or a premises for being rude, particularly if the employment relationship is one that is at-will. As for defamation, one's opinion that another was rude will seldom, if ever, result in a viable claim for defamation. Hope this helps.posted Nov 4, 2013 06:46 AM [EST]