Answers Posted By David Neel

Answer to Non-compete

I agree with Bruce. Most likely, the non-compete starts upon termination from employment.

posted Oct 12, 2010 06:54 AM [EST]

Answer to Is a non-compete contract enforceable in case of forced resignation (demotion, salary cut, etc)

In a nutshell the answer is probably yes, the employer can enforce the non-compete. It depends of course on the language in the agreement. Most non-competes these days do not limit enforceability to particular situations, such as involuntary termination. Your best bet is to retain a lawyer to review the agreement to see if there is a way to challenge the non-compete.

posted Sep 20, 2010 08:15 AM [EST]

Answer to Employer verbally waived their non-compete at a meeting with several attendie and is now retracting.

In a nutshell, you might have a case if you would have stayed at your former employment but for the owners' promise that you would not be held to the non-compete. If you would have left that position anyway such that the owners' promise wasn't a factor in your decision to leave, then probably not.

posted Mar 14, 2010 10:20 AM [EST]

Answer to I took on an additional 40 hr job while still doing mine with no extra pay increase

If you are working 80 hours per week and getting paid for only 40 hours, then it's illegal (unless you fall into an except class of employees, and it doesn't sound like you do).

It's also illegal for your employer to harass you as it sounds like the harassment is because you are female.

You should talk with a lawyer to determine the validity of a claim based on more detail from you.

posted Mar 14, 2010 10:16 AM [EST]

Answer to Age discrimination?

You have the makings of a possible age discrimination case. More information is needed though. As a general rule, if for example 10 over forty employees are terminated compared to 8 employees under forty, then this fails to indicate discrimination. This is known as the "4/5's rule." It is a rule of thumb. There are less simplistic statistical tests that can be performed to determine whether discrimination occurred.

The fact that the CEO engaged in the same conduct could be useful to show that the reason you were given for termination is not credible, a potentially important consideration in a discrimination case.

Regarding severance, there is no general rule that requires payment of severance.

posted Mar 2, 2010 10:03 AM [EST]

Answer to Company is based in OH & I take a job in GA, noncompete is judged by OH or GA laws?

I think that it is necessary to see the whole non-compete agreement. If it contains a "choice-of-law" provision then you might have your answer.

Generally, if an Ohio company employs you in Georgia then chances are that Georgia law will apply. This might be true even if the agreement says that Ohio law applies. But I don't believe that a firm answer can be given without actually reading the agreement.

posted Feb 25, 2010 3:07 PM [EST]

Answer to Can a daycare require its employees to work overtime for straight pay weekly?

The short answer is absolutely not. There are exemptions, including one for teachers, but it would appear that your employer is acting illegally.

posted Jan 5, 2010 08:29 AM [EST]

Answer to My rights to reinstatement after leave of absence

I agree, Bruce. The only other avenue that could be viable is if a Union is involved, which is suggested as a possibility by the questioner's comment regarding seniority. Seniority is irrelevant if there is no Union. If could be relevant, however, under the company's stated policies, as Bruce has already pointed out.

posted Dec 30, 2009 10:15 AM [EST]

Answer to What is the minimum salary to be paid to an employee?

What was your job?

posted Dec 18, 2009 09:54 AM [EST]

Answer to Forced to work holidays when not my scheduled days

I concur with Bruce. A case would be very iffy unless you can tie religious beliefs into it and I don't think that's probable. Employers, unfortunately, can be unfair without any legal repercussions and unfairness seems to increase during times of high unemployment. Someone out there without a job would be happy to work a holiday and not get paid time and a half and the employer knows that. That's just the reality of the situation.

posted Dec 17, 2009 11:16 AM [EST]
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