Answers Posted By David Neel
I will assume the offer which you accepted did not have a specific term. While the employer has technically breached a contract, it really makes no difference because they can cut your pay whenever they want to, and they can also terminate your employment whenever they want to.
posted Jun 15, 2015 2:55 PM [EST]
posted Jun 15, 2015 2:55 PM [EST]
Answer to Should I contact an attorney for wrongful termination?
The handbook probably reserves their right to terminate without following the progressive discipline policy. Their reason might be fabricated but the real reason for their decision has to be illegal, and you have not provided any information from which to conclude that your termination was illegal. It's great you received unemployment benefits, but a finding of no just cause for unemployment purposes does not translate to an illegal termination.posted Jun 10, 2015 04:52 AM [EST]
There's no law that says they have to provide you with a copy of the non-compete.
posted May 19, 2015 3:38 PM [EST]
posted May 19, 2015 3:38 PM [EST]
Answer to My current employee is refusing to give me a copy of my non compete (Ohio)--what can I do?
Lots of considerations here. I think it's best if you consult with a lawyer 1 on 1. You can search for employment lawyers here on Mel.posted May 19, 2015 2:35 PM [EST]
Non-competes are enforceable against an independent contractor under Ohio law. Payment of sales commissions to independent contractors is governed by statute (http://codes.ohio.gov/orc/1335.11).
Your options are (1) try to negotiate the agreement to your satisfaction; (2) sign the agreement as is; (3) refuse to sign it.
You might want to consult with Mr. Klingshirn and/or get his book on the subject of non-competes.
posted Apr 11, 2015 03:50 AM [EST]
Your options are (1) try to negotiate the agreement to your satisfaction; (2) sign the agreement as is; (3) refuse to sign it.
You might want to consult with Mr. Klingshirn and/or get his book on the subject of non-competes.
posted Apr 11, 2015 03:50 AM [EST]
Answer to vacation time and fmla
Employers can substitute paid time off (such as vacation time and PTO) for FMLA. Perfectly legal.posted Apr 10, 2015 5:30 PM [EST]
It sounds like you didn't clock out when you should have and got fired for it, even though others did the same thing and didn't get fired for it. Call some employment lawyers on this forum. A key question will be whether you are a member of a protected class (based on race, age, etc.) and whether the others are distinguishable in some relevant way (e.g., they told employer they made a mistake and were not overpaid).
posted Apr 9, 2015 09:06 AM [EST]
posted Apr 9, 2015 09:06 AM [EST]
Typo in answer -- you are NOT eligible for FMLA protection.
posted Mar 28, 2015 6:27 PM [EST]
posted Mar 28, 2015 6:27 PM [EST]
Funny you ask because the US Supreme Court just decided a case this week on the legal issue involved in your situation. The full-time for one-year limitation relates to eligibility for protection under the Family & medical Leave Act, which you are eligible for. Protection under the Pregnancy Discrimination Act is another matter and is the law addressed this week by the US Supreme Court.
You should consult with an employment lawyer.
posted Mar 28, 2015 6:26 PM [EST]
You should consult with an employment lawyer.
posted Mar 28, 2015 6:26 PM [EST]
Answer to How can an employee/former employee get wages due to him?
I doubt you can place on a lien on the project, but that is beyond my expertise. You can hire an attorney to get the money or, depending on how much is owed ($3,000 or less) you can file a claim in the small claims division of a municipal court. Read Ohio Revised Code section 4113.15.posted Mar 18, 2015 07:38 AM [EST]