V Jonas Urba
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Answers Posted By V Jonas Urba
Answer to Everything changed when i was hired and then when i ask my job was threaten
Most employees in the entire United States are at will. No reason is a good reason to let someone go except:Union employees
Government employees
Contract employees.
If you are one of the above see a lawyer. Take your terms and conditions paperwork (i.e. dates of work promised with no fewer than x miles) for an employment lawyer to decide whether a contract or law was broken.
Otherwise you are at will and since the training good or bad probably benefits you if you quit you probably? have to pay for it unless a lawyer says you do not.
posted Dec 8, 2017 3:15 PM [EST]
Are you an "at will" employee?
No written contract with guaranteed work term?
No union agreement which says you do not have to give 5 days?
No civil service protection?
Then yes if you want to keep your job. No reason needs to be provided to an at will employee in almost the entire country before any employer terminates such employees. Good bad or no reason is good to terminate. An illegal reason, which any employee alleging discrimination must specifically prove, is the only one that gives any employer pause for concern at all. Many just fire for no reason or insubordination - both permitted.
posted Dec 5, 2017 11:55 AM [EST]
No written contract with guaranteed work term?
No union agreement which says you do not have to give 5 days?
No civil service protection?
Then yes if you want to keep your job. No reason needs to be provided to an at will employee in almost the entire country before any employer terminates such employees. Good bad or no reason is good to terminate. An illegal reason, which any employee alleging discrimination must specifically prove, is the only one that gives any employer pause for concern at all. Many just fire for no reason or insubordination - both permitted.
posted Dec 5, 2017 11:55 AM [EST]
Answer to Is my 1 year non-compete enforceable
Staffing agency huh?Let's say you recruit rocket scientists since we do not know who you recruit. If that were true your non-compete against recruiting them could potentially cover the globe, especially if expertise was in alternative energy sources, etc...
Until an employment lawyer reviews your particular job description, employment agreement, possibly contracts, list of clients, education, background, and training, history, etc... no one can answer your question.
Call some lawyers and schedule a conference. Public policy is generally against restricting a livelihood but there are plenty of situations where employers will fight to keep a territory they have invested time and money, especially if it's a profitable one since you apparently want to stay in it.
posted Dec 4, 2017 1:27 PM [EST]
You should. HR has a duty to everyone - employees and contractors.
Depending on the term it may or not qualify as severe and it would not be considered pervasive for some time.
Retaliation claims are often the most serious. But retaliation only happens after an employer or HR is told about the discrimination or hostility. Good luck.
posted Nov 28, 2017 5:08 PM [EST]
Depending on the term it may or not qualify as severe and it would not be considered pervasive for some time.
Retaliation claims are often the most serious. But retaliation only happens after an employer or HR is told about the discrimination or hostility. Good luck.
posted Nov 28, 2017 5:08 PM [EST]
Answer to can I lose my severance package if I'll start working as a contractor for another company?
We need to review your contract in order to help you.It depends on the wording of your contract, who you worked for, and how the language appears in the contract. Every severance agreement is different. There are no standard ones.
Generally, severance is paid in exchange for general waivers. If the old company takes over or assumes the debts of the old company they may or may not be liable? The language of any new contract may modify or change old language you agreed to.
Do NOT rely on anyone, even human resources, to interpret your old contract and any new contract language. You should pay a lawyer to review both for you which should not cost as much as you might think. Good luck.
posted Nov 10, 2017 4:21 PM [EST]
Answer to Is this a case to bring to court?
If you applied for unemployment benefits honestly you should receive them. It is very difficult not to receive unemployment in New York unless you did something you knew or should have known would get you fired.If you lose unemployment benefits in New York it will be very very difficult to prove your employer discriminated against you.
Smart employer's usually do not challenge unemployment in New York unless they are very confident they will win.
You should consider hiring a lawyer if you think there is any chance you might lose. Most employees can feel that. Good luck.
posted Nov 5, 2017 09:43 AM [EST]
Answer to Is this a case to bring to court?
If you applied for unemployment benefits honestly you should receive them. It is very difficult not to receive unemployment in New York unless you did something you knew or should have known would get you fired.If you lose unemployment benefits in New York it will be very very difficult to prove your employer discriminated against you.
Smart employer's usually do not challenge unemployment in New York unless they are very confident they will win.
You should consider hiring a lawyer if you think there is any chance you might lose. Most employees can feel that. Good luck.
posted Nov 5, 2017 09:42 AM [EST]
Answer to I have an order of protection on a person who assulted me person went to my job for treatme
I do not know what your specific order of protection says.However, I do know that those orders mean what they say.
If the order says that neither party/person shall communicate with the other then that probably includes in any way. When anyone posts something on-line the poster should reasonably anticipate that anyone on the planet might read such communication. If the communication includes names and employer names that becomes even more problematic.
Did you inform human resources that the person against whom you have an order of protection was violating that order in some way? Did you tell the police the same thing? Why or why not?
If you have a specific term contract of employment (for example from November 2, 2015 to November 3, 2018 did your employer break the terms of your contract)? If NO,
Are you a member of a union where the employer broke the terms of your collective bargaining agreement? If NO,
Do you work for a government agency with civil service protection? If NO,
You are probably "at will." At will employees can be fired for a good, a bad, or no reason at all. Unless there was discrimination (which I did not read in any of your facts) most U.S. employees are at will. If you are in this category the employer needs absolutely no reason at all to fire you. UNLESS THERE WAS SOME TYPE OF SPOUSAL, PARTNER, OR DOMESTIC RELATIONSHIP BETWEEN YOU AND THIS EMPLOYEE AND THEN YOU MAY "POSSIBLY" HAVE SOME COLORABLE ARGUMENT WHICH YOU WILL STILL NEED TO PROVE.
Posting anything negative on-line, whether on Facebook or anywhere else, is almost always a very bad idea. More employers are googling potential employees and passing over employees who post negative and sometimes simply personal comments on line.
Regardless of whether employers may or may not do that legally how would any employee, current or potential, prove the real reason any employer acted or did not act based on internet postings? Most employers will document other legitimate reasons in their applicant or employee files.
posted Nov 3, 2017 12:28 PM [EST]
Answer to Is there Non-compete still valid, if they delayed salary by 30 days
Have you contacted the state department of labor? Did employer comply with NYS requirement that all employees must sign WTPA form? That form became a requirement in New York State in 2011 known as the Wage Theft Prevention Act.No lawyer can advise you on any non compete without reviewing it's exact language.
posted Oct 28, 2017 12:42 PM [EST]
Probably no. Earned vacation means that you have to be present when you are entitled to take it. Similar to a bonus. If bonuses are paid on January 1 and an employee leaves before January 1 it would be unusual for the employee to receive either the bonus or the vacation in your case. If you have any written document which you think is a contract seek legal counsel to interpret it for you.
posted Oct 26, 2017 1:29 PM [EST]
posted Oct 26, 2017 1:29 PM [EST]