Answers Posted By Brad Glazier

Answer to Is my non-compete and non-solicitation agreement enforceable?

It depends on the language in the agreement. Specifically, how the 24 month language reads. It soounds like the agreement may have expired, but I would need to see the agreement and get more facts to give a definitive answer.

posted Jan 17, 2011 06:42 AM [EST]

Answer to Can I get unemployment if I quit?

Maybe. The issue is whether you quit "for good cause attributible to the employer." You should file and explain why it was that you felt like you were forced to quit

posted Jan 6, 2011 07:00 AM [EST]

Answer to Can I open a new business in the same field when my divorce is final?

If there was never any agreement reached, then you may be able to compete. But more spefics are needed to answer this question.

posted Sep 20, 2010 12:58 PM [EST]

Answer to Is a non-compete valid if termated after 13 years? For failure to sign a updated agreement?

Probably. Non competes were illegal in Michigan before 1987. If signed after that date, it may be enforceable if reasonable in duration, geographic limit and if there is a legitimate business interest supporting it.

posted Sep 15, 2010 05:25 AM [EST]

Answer to Can I receive unemployment if i quit my job?

The standard is whether you quit for "good cause attributable to your employer." You should be prepared to present evidence at a hearing before an administrative law judge as to why you were forced to quit. It is hard to say whether you will be successful.

posted Sep 14, 2010 06:38 AM [EST]

Answer to Can my boss demote me after I have filed an affidavit implicating him in a harassment suit?

It is illegal to retaliate against an employee because that employee opposes discrimination or particaptes in the discrimination case of another employee. Depending on the nature of the demotion - how much income you are losing as a result - there may be a case here. Feel free to call my office if you would like us to review this potential case.

Brad Glazier
Bos & Glazier
616.458.6814

posted Sep 9, 2010 07:59 AM [EST]

Answer to Fired for something the company cannot prove - wrongful?

You can be fired for any reason or no reason, incl

It does appear that you were wrongfully discharged in the moral sense. But in Michigan, most employee's (those without contracts or members of a union) are employed at-will. At-will employees may be terminated at any time for any reason so long as the reason is not illegal (illegal reasons include discrimination based on a protected category like age, race, sex, etc.). The following link describes the law of wrongful discharge in Michigan: http://www.bosglazier.com/wdis.htm

posted Feb 20, 2001 2:42 PM [EST]

Answer to If I sue my employer for age discrimination, can I be fired?

Your employer cannot retaliate if you sue it.

No. It would violate relevant provisions of the Age Discrimination in Employment Act or the Elliott-Larsen Civil Rights Act for an employer to terminate an employee because she filed an age discrimination lawsuit against the employer. Of course, it may prove difficult to work for an employer that you are suing. You should follow up with an attorney in your geographical area for more specific advice.



posted Feb 20, 2001 2:37 PM [EST]

Answer to Can they refuse intermitent leave because they have no part time jobs?

You can take intermittent leave.

Assuming that she otherwise qualifies for FMLA leave, your daughter can take leave when it is medically necessary, in chunks of time or all at once. The regulation governing intermittent leave, 29 CFR 825.117 states as follows:

For intermittent leave or leave on a reduced leave schedule, there must be a medical need for leave (as distinguished from voluntary treatments and procedures) and it must be that such medical need can be best accommodated through an intermittent or reduced leave schedule. The treatment regimen and other information described in the certification of a serious health condition (see Sec. 825.306) meets the requirement for certification of the medical necessity of intermittent leave or leave on a reduced leave schedule.

Employees needing intermittent FMLA leave or leave on a reduced leave schedule must attempt to schedule their leave so as not to disrupt the employer's operations. In addition, an employer may assign an employee to an alternative position with equivalent pay and benefits that better accommodates the employee's intermittent or reduced leave schedule.


posted Feb 13, 2001 6:25 PM [EST]