Answers Posted By Marilynn Mika Spencer

Answer to Employment Agreement

The following comments are for information only and should not be considered legal advice. Legal advice must pertain to specific facts. No attorney-client relationship is created based on this information exchange.

This sounds like a bad situation and I'm so sorry you're involved with what sounds like an unscrupulous employer. However, it's hard to tell with the few facts you've provided. I'm always suspicious when there is pressure to sign a contract quickly; usually, it's a bad sign.

Unfortunately, your question is far too involved to receive a meaningful response on a board like MEL. An attorney will have to read the agreement -- because the exact words have legal meaning -- and consult with you regarding oral and written representations. I handled a similar case several years ago and the oral representations made a huge difference in the outcome.

You must retain a plaintiffs employment attorney to go over the details with you. Be prepared to pay hourly for this. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.

By the way, a California court may or may not accept the Pennsylvania choice of law language, but at the moment, this looks like only one of the issues involved with your employment.

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Marilynn Mika Spencer is licensed to practice law before all of the state and federal courts in California, and can appear before administrative agencies throughout the country. 

posted Nov 25, 2011 02:10 AM [EST]

Answer to I have purchased a business.

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Thank you for contacting The Spencer Law Firm!

I understand how frustrating this situation is. Oral and written contracts (agreements) are usually, but not always, enforceable. The extent to which they are enforced varies depending on the language in the contract and the subject matter of the contract.

California law disfavors non-compete agreements, which means that even if you and another party enter into that kind of agreement, a court is unlikely to enforce it. The California Business and Professions Code section 16600 states "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." Therefore, almost all non-compete agreements that attempt to restrict individuals in their work will be unenforceable.

There are some exceptions. Business-to-business non-compete agreements have a better chance of being enforced, but even these are disfavored.

California allows businesses to protect trade secrets and allows businesses to take certain other actions for their own protection.

You should discuss the specifics of your situation with an attorney who practices business law or employment law. The attorney will certainly need to see the contract you want to enforce.

This office represents clients in employment and labor law matters.  If you are seeking legal representation for an employment or labor law matter, you may call our office at (619) 233-1313 to schedule an appointment for a telephone intake.  The scheduling call will take only a few minutes; the intake appointment will take 15 to 20 minutes.

No attorney-client relationship has been established between you and The Spencer Law Firm. The content of this message is NOT LEGAL ADVICE. The Spencer Law Firm has not analyzed in detail the content of the message you sent, and cannot and does not give legal advice based on contacts from mail, e-mail, Internet, or similar inquires, or based on partial information. The Spencer Law Firm will take no action based on this e-mail exchange.

Please note that all legal actions are subject to time limits (deadlines) called statutes of limitation which require potential parties to file their claims by specific dates.  If those deadlines are missed, all related claims will be barred forever. Deadlines can be as short as just a few days. Therefore, if you want to preserve any legal rights you might have, please contact an attorney as soon as possible. For referrals, you may contact the Lawyer Referral Service of the San Diego County Bar Association at (619) 231-8585, or the county bar association for your county of residence.  You can find lists of attorneys who represent plaintiffs in employment cases at , , and .

Thank you.

Marilynn Mika SpencerManaging AttorneyThe Spencer Law Firm 

Marilynn Mika Spencer is licensed to practice law before all of the state and federal courts in California, and can appear before administrative agencies throughout the country. 

posted Sep 2, 2011 11:21 AM [EST]

Answer to Can I be forced to participate in after hours social events?

The following comments are for information only and should not be considered legal advice. Legal advice must pertain to specific facts. No attorney-client relationship is created based on this information exchange.

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Your question should have a simple answer, but does not. There are a number of things to consider; also, there are different answers based on the reason you do not participate in after-hour events with your boss and coworkers.

If you are actually or effectively required to attend these “after-hours” events in order to obtain raises, it is hard to view this time as purely social and voluntary. Depending on a number of factors, your employer might be violating wage and hour laws. In California, all work time must be compensated. If attending these events is a job requirement, then that time should be paid time.

If these after-hour activities are really an extension of work, with work being discussed and work-related decisions being made, your employer may be violating wage and hour laws by not paying for your time.

If these events can be construed as work time, and if you objected to or complained about attending because you were not getting paid, then your employer may be engaging in unlawful reprisal for your objection to unlawful payment practices.

Also, an employer must provide workers’ compensation coverage for injuries that take place in the course and scope of work, regardless of where that work is performed.

Do you stay away from socializing for religious reasons? If so, your employer may be discriminating against you based on religion.

Do you stay away from socializing because you are uncomfortable attending based on your sex, race, age, disability, or other similar factor? For example, many women are uncomfortable socializing with male coworkers, especially in a bar. And some locations for socializing are impossible or difficult for people with certain disabilities to get into or get around in. This kind of discomfort may be related to unlawful discrimination.

I could keep going for pages and pages about the different possible circumstances that might make what your employer’s actions unlawful. It would be best to make this determination in conjunction with an attorney who can advise you based on the particular facts of your employment.

There are also practical considerations. How will you and your attorney be able to prove that your lack of participation in social activates is a reason you are not getting raises or better work? There must be more than a “gut feeling” to prove your case, even if your feeling is correct.

Another consideration is what will happen if you protest unlawful activity? Some employers who violate one law seem more willing to violate other laws. Your protest against unlawful activity may cause your employer to treat you even worse – to take reprisal against you. While doing so would also be illegal, you should think about whether your financial or professional losses are enough to warrant pursuing a claim.

Please note that all legal actions are subject to time limits (deadlines), sometimes called statutes of limitation, which require potential parties to file their claims by specific dates. If those deadlines are missed, all related claims will be barred forever. Therefore, if you want to preserve any legal rights you might have, please contact an attorney as soon as possible. For referrals, you may contact the Lawyer Referral Service of the San Diego County Bar Association at (619) 231-8585, or the county bar association for your county of residence. You can find lists of attorneys who represent plaintiffs in employment cases at , , and .

Marilynn Mika Spencer
The Spencer Law Firm

posted Aug 24, 2011 04:17 AM [EST]