George Allen
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Answers Posted By George Allen
Answer to Non compete contract for Timeshare sales
Non-competeBased on your description of the non-compete, it is probably not enforceable (at least as written). It sounds like there may also be an issue as to whether you were truly an independent contractor. I suggest that you review both of these issues with an experienced employment lawyer in your area. Try www.celaweb.org to locate an attorney.
posted Jan 13, 2006 2:01 PM [EST]
Answer to Non-Compete Agreement
Fact-SpecificCA generally allows you to compete with your former employer. However, there are prohibitions on using "trade secrets" learned in your former employment. You should review this with an attorney who has experience in this area.
posted Jan 6, 2006 3:14 PM [EST]
Answer to False Pay and Review Promises
Possibly IllegalIf you can show that the company made this promise of a pay raise with no intention of performing it, in order to induce you to take the job, that would probably be a violation of the common law. However, it is not clear what your damages would be, and is not clear whether the promise was sufficiently specific to form the basis for a violation. I suggest that you review this in detail with an employment law attorney in your area.
posted Dec 13, 2005 11:28 AM [EST]
Answer to Is it Discrimination?
Not enough informationYour description of the inaccurate review suggests that there is an ulterior motive; i.e., that your manager is not evaluating you on the basis of your actual performance. However, it is unlikely that the deficiencies in the evaluation, without more, would be sufficient to prove discrimination.
posted Dec 9, 2005 11:24 AM [EST]
Answer to hostile workplace, some sexual harrassment-date, time, witnesses recorded.
Sex. Harr.No one should have to endure the work environment you describe. This may be a legally actionable hostile work environment. I suggest that you consult with an experienced employment law attorney. Check the membership listing at www.celaweb.org.
posted Oct 3, 2005 5:36 PM [EST]
Answer to wrongful termination
At Will EmploymentIf you are an employee at will, as most people are, it is unlikely that you would have a legal claim.
posted Sep 14, 2005 11:36 AM [EST]
Answer to Retaliation as a witness in an unemployment appeal hearing
NoNo, such retaliation would be illegal.
posted Aug 2, 2005 6:48 PM [EST]
Answer to harassment by manager
Probably Not IllegalHarassment is only a violation of the law if it is based on a prohibited characteristic, such as gender, race, and others. Your message suggests that this is not the case for you. Aside from the legality of his conduct, you may be eligible for workers compensation benefits if the harassment causes psych. injury. You should consider consulting with an attorney.
posted Jun 28, 2005 11:14 AM [EST]
Answer to mediation?
mediationMediation is almost always a good idea if both sides are willing, serious about resolving the case, and realistic in their expectations. No question that you would be better off if represented by an attorney. Try the member listings at www.celaweb.org to locate an attorney.
posted Jun 13, 2005 10:40 AM [EST]
Answer to Severance Pay vs. Vacation pay
Vacation PayYou are normally entitled to all accrued vacation time/pay at the time of layoff. It is possible that this was folded in to the severance pay. You would need to review the severance agreement you signed.
posted May 20, 2005 10:44 AM [EST]