Arthur Schofield
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Answers Posted By Arthur Schofield
Answer to Is My Employer in Breach of Contract
I am not sure where you obtained information that a FLSA violation was a prior breach of a non-compete agreement. One has very little to do with the other, but that is not to say you don't have defenses to the claim for violation of the non-compete agreement. In order to answer your questions, I would need to see the non-compete agreement and discuss with you your reasons for leaving.I do encourage you to take this matter seriously. If they file suit, these claims proceed quickly and could be costly to you as the agreements normally require you to pay the former employer's attorney's fees and you, of course, have to, or should, hire counsel.
posted Aug 28, 2012 09:00 AM [EST]
Answer to Do I have a case if terminated almost 3 years ago?
The FMLA, which may have provided you some protections, has a 2-year statute of limitation. Pregnancy discriminaiton claims must be filed with the EEOC within 300 days, with the FCRH within 365 days.Working off the clock is certainly something you can be terminated for so I would question the validity of your claims.
posted Jul 30, 2012 12:34 PM [EST]
Answer to Can I win this case?
It is possible that the disparity of treatment is the result of discrimination. I agree with Ms. Towzey, but do not recommend you file a Charge of Discrimination directly, but do so through an attorney. That process is a an important one and if the case is ultimately going to be litigated, you want counsel to be handling that step in the process.You are free to contact my office.
posted Jun 14, 2012 1:17 PM [EST]
Answer to Employee Rights in obtaining their personel records.
You do not have a right to the contents of this file. While the file may have your name on it and it contains information regarding you, it is the employer's file. Only exception is when you are working for a public employer.posted Jun 5, 2012 06:14 AM [EST]
Answer to Can an employee call out sick for an indefinite time period?
There is more to this question that you realize. There are both ADA and FMLA issues which would need to be explored, both on a coverage standpoint of you as the employer and the employee. If you would like to discuss this, contact my assistant, Renae, to schedule a time to speak with me. 561 655 4211posted May 22, 2012 06:38 AM [EST]
Answer to what are my chances of being my contract being upheld?
To completely answer the question, I would first have to review the contract. In general, non-compete agreements are enforceable. They do, however, have to be reasonable in both their geographic scope and length of time. Given your short time with this employer, even if it were enforceable, you may be able to work something out with them. Have a lawyer take a look at the contract and it may be worth your while to retain someone to negotiate a release. I'd be happy to look at this for you if you want to contact my office. 561 655 4211posted May 21, 2012 06:00 AM [EST]
Answer to Can a potential employer obtain my employee record from my current employer?
Yes, the could obtain and/or be provided those records or information, however, it is more likley that your current employer will only very that you are in-fact employed and perhaps provide your positon, income and start date. Put another way, the information you are concerned about can be disclosed but more often than not, is not disclosed. Hope this helps.posted Apr 5, 2012 05:31 AM [EST]
Answer to With a non compete, can my employer find me in violation if my wife works for a competitor.
No. Only a party to an agreement can be bound by the agreement. Best of luck to your wife in her new job.posted Mar 25, 2012 3:28 PM [EST]
Answer to Is my non compete agreement enforceable?
Non-compete agreements are enforceable in general. In order to comment on your particular non-compete agreement, I would need to see the agreement. Also, I would need to discuss with you further the facts and circumstances leading up to your signing of the agreement and termination of your employment. These facts could provide you with certain defenses. Contact my office is you wish.posted Mar 12, 2012 06:37 AM [EST]
Answer to Can I be forced to sign a new contract voiding out my present one?
It is hard to say without looking at the existing contraxt, but if the contract has a 15-day notice requirement then it should have been complied with. On the other hand, if you are terminable at will under the contract then your rights expire beyond the 15-day notice. Of course, I cannot comment on the proposed contract without seeing it or knowing its terms. You can contact my office should you have questions.posted Feb 20, 2012 07:15 AM [EST]