Judith Miller
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Answers Posted By Judith Miller
Answer to theft
docking payGenerally, an employer is not permitted to dock your pay to repay a debt owed to the employer, except for an advance on wages. You can contact the Massachusetts attorney general's office to file a complaint against the employer. You should know that it is also illegal for the employer to take action against you for exercising your right to file a complaint with the Attorney General's office.
posted Jul 6, 2006 05:48 AM [EST]
Answer to Wrongful termination
wrongful terminationYou may have a claim against the Company for mispresentation, depending on exactly what was said to you about the terms of your transfer. In addition, you may have a claim for wrongful termination in breach of public policy, again, depending on the reasons that others were given the work to do and you were not. Please feel free to contact me directly to discuss this matter further.
posted Jul 21, 2005 09:05 AM [EST]
Answer to Non-compete After Employment Agreement Expires
Non-competeIt is impossible to determine whether the non-compete section of the agreement (was the non-compete section from the old agreement or the new agreement) is enforceable without reviewing the agreement(s). For example, if the language you quote is from the old agreement and it also has a provision saying that the section survives termination, it may continue to be enforceable. In order to determine your rights and your best course of action, you should have both agreements reviewed by a Massachusetts attorney who specializes in reviewing such agreements.
posted Mar 29, 2004 10:17 AM [EST]
Answer to Employer refuses to correct payroll error from 2002
Unpaid wagesIf you are currently employed in an office in Massachusetts, Massachusetts law should govern your claim. Under Massachusetts law, if an employer fails to pay wages, including certain types of commissions, the employee can file a claim with the Attorney General's office to recover the list wages, and, thereafter, may file suit against the employer. It usually helps to let the employer know that that their actions may violate the Massachusetts Payment of Wage Law in order to pesuade them to pay sums that are due. If you are unable to persuade your employer to pay the wages due, you may want to contact the Massachusetts AG's office.
posted Sep 22, 2003 09:06 AM [EST]
Answer to Can employer hold back commision from a base pay?
comission payIn order to answer the question, I would have to review the specifics of your commission plan. Having said that, in general, a company can provide that returns or sales that do not go through can be charged back to the employee and deducted from their future commissions. With regard to minimum pay, in general, an employer is required to pay employees at least minimum wage, however, there may be exceptions to this rule depending on the relationship created between the employer and the sales person.
posted Sep 18, 2003 09:25 AM [EST]
Answer to No compete POLICY
non-compete agreementsNon-compete agreements are generally legal in Massachusetts. Whether your agreement prohibits you from going to work for the contrator company depends on whether you signed the non-compete agreement and whether the language of the agreement prohibits such employment. You may also want to explore a misrepresentation claim against your current employer. If an employer induces an employee to change jobs promising long-term employment, and, at the same time knows that it will not provide long term employment, under certain circumstances, the employee may have a claim for misrepresentation. I would advise you to consult with an attorney on these issues.
posted Jul 29, 2003 11:36 AM [EST]
Answer to employee keeps changing "intent of contract", entitlement for rentention bonus
retention bonusIf you have an employment contract with the existing (not the proposed and never incorporated new company) then your rights are largely governed by the terms of that employment contract. Whether you are entitled to a retention bonus depends on the terms under which the company has agreed to give the retention bonus and whether there are other reasons that they have excluded you (e.g., race, age, disability). In order to answer the question definitively, you should have a lawyer look at your employment contract and the retention bonus plan, and talk to about the circumstances surrounding the closure of the company.
posted Feb 9, 2003 09:44 AM [EST]
Answer to Due but unpaid sales commission
Sales commissionsThe answer to this question depends on your agreement with the company, which should be contained in the sales plan. The plan should say whether you continue to receive commissions after resignation or lay off, though it may not address these eventualities. If the plan does not address these issues (or if you do not have a written plan), there are several factors that go into whether or not you are entitled to the commissions after you leave. Those factors include things like whether there was a verbal agreement about the commissions and what the company has done in the past when people have left.
posted Apr 16, 2002 09:15 AM [EST]
Answer to non-compete / lawsuit
Non-competeWhether a non-compete is enforceable depends on the exact language of the agreement, the nature of the business of the prior employer and the nature of the new business. With respect to hiring former employees, again, the language of the non-compete agreement controls whether your husband can hire employees from his former employer.
posted Feb 26, 2002 12:06 PM [EST]
Answer to Wage Payment
Commission paymentAs a general rule, if an employee agrees to work under a particular compensation plan, and performs the agreed upon services, the company is obligated to honor the terms of the plan. In order to evaluate whether your employer has failed to live up to the agreement, I would need to review the comp plan, your revenue figures, as well as the revenue restructuring plan. In addition, if the amount due is really a commission, and not a bonus, you may also have a claim under the Massachusetts Payment of Wage Statute.
posted Jan 16, 2002 07:21 AM [EST]