Answers Posted By Ann Lugbill

Answer to Salaried time requirements

Salaried Time Requirements

Salaried employees have no maximum number of hours, unless they have a contract or there is
some other limit on their hours, such as by a licensing board.

To determine if you are properly classified as salaried, you should look at the U.S. Department of Labor website under "wage and hour."

posted Dec 13, 2004 4:41 PM [EST]

Answer to Government Contractor revising own policy

SCA

1. Contact the Wage & Hour Division of the Department of Labor in your area or at least consult the DOL website for information on the SCA. There may be other SCA policies that are not being followed.

2. If there is no applicable SCA provisions, then you will have to rely upon state law, which requires a review and analysis of all documents regarding vacation pay to determine whether you have any legal rights. Unfortunately, as a practical matter, those may not be easy or practical to enforce unless you leave.

posted May 23, 2004 07:20 AM [EST]

Answer to Non-compete for contractors

Non-competes can cover contractors

Yes. A non-compete is a contractual agreement. It can cover independent contractors.

posted Mar 30, 2004 8:09 PM [EST]

Answer to 2 weeks notice takes me to accrued vacation

2 week notice & accrued vacation

No one can predict what your company will do. If your goal is to leave on good terms, then you need to give the 2 weeks' notice. To leave on good terms, you also will need to avoid suing them later for the vacation pay if it is not paid to you. Exact answers to your questions require a careful review of company handbooks, policies, your employment contract, commission agreements, etc. That will help spell out your legal rights, but will not predict what the employer will do, as not all employers act consistently with their policies nor with past practice.

Unless I am misunderstanding something, a lot of these issues could be resolved if you simply delayed 2 weeks' notice for a week or two and collected the accrued vacation and/or scheduled a two week vacation and took it, perhaps overlapping with starting the new job. You are on the right track, also, figuring out what is likely to happen, versus what your legal rights are or should be--that is, to be paid fairly.

You can locate attorneys in the Cincinnati area who represent employees in employment matters by looking at the member roster on the website of the Ohio Employment Lawyers Association.



posted Mar 20, 2004 08:25 AM [EST]

Answer to Employee "fired" after two weeks notice/final paycheck

Fired after giving notice

If you were an employee at will, which it appears that you were (no contract, no union representation, etc.) the law provides that an employer can fire you at any time for any reason, except if the law specifically prohibits the firing.

Increasingly, employers are taking this unfair tactic of punishing honorable employees who provide two weeks' notice by firing them immediately. The better employers will provide the two weeks' paycheck, but there is no law requiring that they do so.

I suggest that you wait until 2 days after the paycheck would have been issued had you not given notice and then if no check issues (I don't think that you expect one) decide what to do, which might include bringing suit against them in small claims court alleging that they breached their promises or employee handbook that required you to provide 2 weeks' notice when intending to leave and that firing you is ineuqitable.



posted Mar 17, 2004 7:14 PM [EST]

Answer to Large company caugt cheating me out of pay

REcouping pay

Contact an attorney who can handle this in your area. You should not be handling this by yourself. Your best option probably is to get the money now in settlement, not sue. Otherwise you will have a delay and thencould lose the case.

Attorney options include the sponsor of the website, Neil Klingshirn and other attorneys listed on the Ohio Employment Lawyers Association website.

posted Mar 16, 2004 07:29 AM [EST]

Answer to Member of mgmt & co is bouncing payroll checks

Mgmt member & payroll checks bouncing

The primary concern here is your own future. Unless you know the company's financials, bounced paychecks indicate serious cash flow problems or serious accounting irregularities.

Unless you are signing these checks, I do not know of any legal liability that you personally would have as the employee of a corporation, even as management, unless you are an officer or a partner (if not a corporation).

Rather than risk a lack of entitlement to unemployment (I have no clear answer for you re whether you would receive it, but you can call the unemployment office and find out), the best way to get a good new job is to get it while you are still employed. Unemployed, folks feel sorry for you but are less likely to hire you than if you are working; employed, a potential employer wants to work hard to recruit you away from where you are.

posted Mar 14, 2004 6:47 PM [EST]

Answer to Employer breaking signed contract

Breach of Contract

You are entitled to sue for breach of contract and damages caused by the breach. You should contact an attorney in your area to pursue this. Neil Klingshirn who sponsors this website is in your area. Other attorneys' names can be located on the Ohio Employment Lawyers Association website.

In any breach of contract action you must "mitigate damages" and must show, among other things, that you have been actively looking for other work and accept comparable work if offered to you.

Ann Lugbill

posted Mar 12, 2004 1:57 PM [EST]

Answer to Comp time for exempt employees

Comp time

There is no legal, statutory requirement for comp time for exempt employees. However, you may not be properly classified as exempt and should contact the Wage and Hour Division of the federal Department of Labor for more information on this topic. The DOL has excellent resources on its website.

posted Mar 12, 2004 10:27 AM [EST]

Answer to Officer's Obligation sans a non-compete

Officer's obligation

An officer has fiduciary obligations to the company, but those obligations generally cease upon your resignation. Based upon the information you provided, I know of no reason why your employment is restricted.

Because of the threat made against you, you may want to be sure that you have a lawyer in your area to assist if the need arises. You may want to look for a small business lawyer, rather than an employment lawyer, it all depends upon who you feel comfortable with. Some attorneys do both business and employment law.

posted Mar 11, 2004 12:54 PM [EST]