Answers Posted By George Allen
Answer to How to proceed with nonpayment of a contract for work performed
Karma is GoodYou don't say how much the amount owed is. If it is under $7500, consider filing in small claims court. It is unlikely that cashing the check they gave you would waive your claim for proper compensation, particularly in the absence of a restrictive clause on the check.
posted Nov 11, 2008 12:34 PM [EST]
Answer to Relocation Expenses Reimbursement
MaybeA reimbursement provision of this type can be valid and enforceable. Key question is whether the company has materially changed the terms of your agreement with them. You will need to review this with an experienced attorney.
posted Oct 29, 2008 12:00 PM [EST]
Answer to Bully for a boss with no help from HR
Change the Law!Unfortunately, abusive bullying as a general practice is not a violation of the law; it only becomes illegal when individuals are selected for bullying based on a protected status. You may file a workers comp. complaint, but that is probably the only thing you can do. To be certain, you should review the situation in detail with an experienced employment attorney in your area.
posted Oct 27, 2008 11:44 AM [EST]
Answer to Suspended? Fired ? Employer refuses to say.
Hold TightIf there is no decision yet, there is not much anyone can do for him now. First point of contact should be the Union. If the store disciplines him for this, it may be grievable, depending on the particulars.
posted Oct 22, 2008 11:16 AM [EST]
Answer to 12 year employee
Probably Not IllegalIt's an unfortunate situation you describe, but probably not illegal. Absent some impact on a protected group (for example, interference with a weekend religious observance), I am not aware of anything that would prohibit this employer from implementing this policy.
posted Oct 1, 2008 11:43 AM [EST]
Answer to Forced to work for free to collect owed bonus
Labor Code ViolationYou were entitled to a bonus, per your agreement. "Insufficient cash flow" is not an excuse for failure to pay. However, if you are a VP in terms of actual duties, you are probably not entitled to mandatory overtime pay.
Due to your location, you may have trouble finding an attorney. Consider filing a complaint with the DLSE (Labor Commissioner).
posted Jun 27, 2008 2:47 PM [EST]
Answer to Employment Termination on the internet
Depends on AgreementThe answer to your question depends on the language of the settlement agreement you signed. If you were represented by counsel in the litigation, you should bring this problem to your attorney's attention.
posted Jun 9, 2008 11:25 AM [EST]
Answer to Bullied by attorney
ContractAn attorney will need to review your retainer agreement with the attorney in question before answering your questions. That being said, attorneys may not collect an "unconscionable" fee, no matter what the retainer agreement says. I suggest you review this issue with a qualified attorney.
posted May 21, 2008 4:49 PM [EST]
Answer to terminated without warning
Balance of PowerWhile it would seem that basic fairness and equality is not too much to ask for, the law does not provide that protection for an at-will employee. So long as your employer is not singling you out on the basis of a protected status (race, gender, retaliation, etc.), they may be mean, arbitrary and unfair without breaking the law.
posted May 5, 2008 1:14 PM [EST]
Answer to Employer dumping the taxes on employees.
Independent ContractorIf your mother is truly an employee, rather than an independent contractor, her employer is violating the law. Catergorization as an employee or ind. cont. is very fact-specific. Your mother should review her situation with an attorney who has experience in this particular area.
posted Apr 30, 2008 12:32 PM [EST]