Answers Posted By Carol Oshana

Answer to Hello, I Recently Got An Offer With An Employer Who Asked Me To Sign On Agreement Which Is Liquidated Damages Agreement. I Signed That And Could Not Join The New Company. I Sent Them An Email Before 2 Days Of Joining Date But Now They Are Asking Me To Pay

We would need to review this agreement and discuss the circumstances.

posted Dec 22, 2017 12:09 PM [EST]

Answer to Terminated through VM and harassed.

From what you are writing, this is a religious, age and sex discrimination. Please talk to a lawyer immediately, and sign nothing.

posted Jul 31, 2017 3:53 PM [EST]

Answer to Breech of employment recruitment policy

Perhaps. An attorney would need to review the policy and ask a lot of questions. There may be other reasons one is not considered. An attorney would also have to understand the qualifications of those who applied, and see if any other reason was a factor. If the applicants are truly equal, and the policy is a contract, then yes there may be a claim.

posted Jul 10, 2017 11:02 AM [EST]

Answer to Is this discrimination?

It could be. Your employer must treat all benefits to employees without any regard to race, religion, etc.... You would need to discuss this with an attorney who needs to review their personnel manual to get you better advice. An attorney would also have to know why the other Hispanic employees were laid off. Also one needs to know if you are in a union, etc... Lots of questions, a consultation should not be very expensive, probably about $100 or some provide it for free, in any event it may be worth it.

posted Jan 30, 2017 7:20 PM [EST]

Answer to Do I have a case for wrongful termination

I would need more information for this, but you may have a claim. If you were doing something related to whistleblowing and pointing out that the company is violating laws, and that you do not wish to participate in illegal activity, then you may have a claim. If you were complaining about simply the structure of the business that does not implicate the law, then you likely do not have a claim. If you have a contract, however, then you may have a claim. Also there may be a write up procedure that was not followed, depending on the HR Manual, you may have a claim also. The information you provided is incomplete to give a proper analysis, so unfortunately I can only answer with, "Maybe." Please contact an employment attorney who can give you a full analysis, since there are many unanswered questions, a meeting is better. Good luck.

posted Nov 10, 2014 3:03 PM [EST]

Answer to dogwalking drama Illinois

Noncompeting Walker

The essence of a noncompete contract is the contract language itself. I would have to read it to give you a clear answer. However, in general, noncompete clauses must be limited in duration and radius to your original place of employment, and must come with consideration. Typically, the rights of a contract can be transferred to a purchaser of a company. Hence, the contract would not necessarily be void simply because ownership changed hands. Nontheless your contract may be void for other reasons. I suggest you call an attorney for this so that he or she can review the language.

posted May 11, 2004 11:01 AM [EST]

Answer to Severance and vacation pay

Vacation Pay

A lawyer would really have to read the entire contract to give you a good answer. But generally, if it contained the foregoing language that you described, then you likely waived your rights to claim unpaid vacation time because it is included in the 12 weeks of severace pay. Unfortunately, there is no obligation for an employer to provide his or her employees the same deal, or the best deal. But please contact an attorney to review the entire agreement, just in case.

posted Mar 26, 2004 2:33 PM [EST]

Answer to Bonus Eligiblity

Documents

In these types of cases, a lot depends on the contract. I suggest you have an employment attorney review what the structure is, as described by the contract. Wage collection are regulated by the Illinois Wage Payment and Collection Act, and this includes bonuses. But it all depends on what you agreed to, the policy, etc... Please contact an employment lawyer, since the documents are so important. Thanks.

posted Jan 19, 2004 3:50 PM [EST]

Answer to Employer holding back wages stating I owe him money for car damages

Wages

Absolutely not. Your employer may not withhold your wages under the Wage Payment and Collection Act (or a similar Act in your state). Immediately file with the Department of Labor in your state to retrieve your wages. Your accident is not sufficient reason for your employer to withhold your pay.

posted Aug 5, 2003 10:22 PM [EST]

Answer to Can an employer stop me from working because he wants to talk to my doctor?When I have a release.

Retaliation

It sounds to me as if your employer may have been retaliating against you for taking time off for your medical care. Depending on the size of your company, your employer may be retaliating against you for taking time off pursuant to the Family Medical Leave Act, which is illegal. If you filed a worker's compensation claim, and they refused to take you back despite a release, you may have a retaliation claim. You are right to suspect that there is something "fishy" going on. I suggest you contact an employment attorney in your state to discuss this matter further.

posted Aug 5, 2003 10:17 PM [EST]