Answers Posted By Michael J. Merrick
Answer to If an employer promises stock options in an offer letter, are they obligated to follow through?
Yes, you may have a claim against your former employer, but I would need to see the relevant documents and know all the facts. Feel free to call my office if you would like to set up a consultation. (312) 269-0200. --Mike Merrick, Merrick Law Firm LLCposted Dec 13, 2011 5:07 PM [EST]
Answer to Pregnancy Discrimination
Pregnancy DiscriminationNo, generally you do not need to disclose pregnancy, and yes you may have a pregnancy discrimination claim against the company. Feel free to call my office if you wish to discuss this further. 312-269-0200.
posted Feb 3, 2009 08:14 AM [EST]
Answer to Bonus Entitlement
Bonus EntitlementIt depends somewhat on your employment/bonus agreement with the employer, any relevant company policies, and the industry you are in. Generally, not being employed on the day a bonus is paid should not affect your right to receive it for work performed (and thus earned) during the prior year. Many employers play this game because many employees unfortunately don't push back, which means the employer gets to pocket the employee's entire bonus. Feel free to call me if you wish to discuss further. --Mike Merrick. www.merricklawfirm.com
posted Mar 3, 2007 2:38 PM [EST]
Answer to Job terminated whil still on Work Comp tretment
Employment Terminated While on Workers' Comp.If you qualify for medical leave under the federal Family and Medical Leave Act, you are entitled to 12 work weeks of unpaid leave per year and job protection during the leave. If you are not entitled to such medical leave or used it up, it should not affect your entitlement to workers' comp. benefits including medical treatment. If the former employer cuts you off you may need to file a workers' comp. claim if you have not done so already. If after treatment you have a permanent partial disability in your hand, you would be entitled to workers' comp. benefits, usually paid out in a lump sum after you reach max. med. recovery. Feel free to contact me if you need assistance. www.merricklawfirm.com
posted Mar 3, 2007 2:29 PM [EST]
Answer to Wrongful termination & severance accepted under duress
Severance Under DuressThe facts in your question indicate that something seems amiss here. Also, depending on your husband's age and the number of employees in the company, giving your husband less than one day to consider the severance offer may well have been unlawful which could render the relase of claims he signed void. Feel free to contact me if you'd like to discuss further. --Mike Merrick www.merricklawfirm.com
posted Mar 3, 2007 2:18 PM [EST]
Answer to Non-compete problem
Enforceability of NoncompeteDetermining the likelihood that a court will enforce a noncompete agreement involves a fact-intensive inquiry which cannot be done based on the amount of info. in your question. In general, before you sign you have to assume that it will be enforced. However, noncompetes and other severance terms are usually very negotiable, particularly given your age and long tenure with the company. Feel free to contact me if you'd like to discuss further. www.merricklawfirm.com. --Mike Merrick
posted Mar 3, 2007 2:07 PM [EST]