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Contract sole provision is regarding severance : "Any severance payments will be
conditioned upon your execution and non-revocation of a release of claims in favor of the
Company and its affiliates in a form reasonably satisfactory to the Company"
Employer has... View More 
answered on Sep 19, 2024
This ER has attorneys that drafted this GENERAL RELEASE "severance agreement." You need an attorney in your corner to tell you what you are potentially giving up in potential claims against the company, in exchange for the severance package. Are you giving up claims worth $10k for a $9k... View More
I worked as a pharmacist for Walmart from October 2019 to March 2020. They hired me as a manager at a struggling store. I was told it was busy but not informed about the difficult technicians or how they had driven away previous pharmacists. My district manager, TZ, told me, “You’re their boss,... View More
answered on Sep 19, 2024
If you have anything, it is probably a defamation claim. The problem is the Board issued an action against you, presumably finding fault with your actions. Truth is an absolute defense to a defamation claim. Another potential problem that you mention is that this all happened 4 years ago. Statutes... View More
I am writing to remind you that pursuant to the provisions of your Nexstar compensation plan you are bound to certain post-employment obligations as follows:
Through March 25, 2025, you may not, whether directly or indirectly, with or without compensation, enter into or engage in the... View More
answered on Sep 19, 2024
You really need to take all your documentation about this job and your agreement to a local attorney. The laws vary greatly from state to state about these non-compete agreements. In some states they are not enforceable against ordinary employees at all, in other states they are fully enforceable,... View More
Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work
answered on Sep 19, 2024
GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll... View More
The company I work for considers everybody part time but I easily work 40 to 50 hours a week. It’s a commission based per building and my portfolio used to be 200 buildings a month but now it’s 140 buildings a month since Covid hit. I constantly ask for vacation pay and they only gave it to me... View More
answered on Sep 19, 2024
Interesting situation, you could be covered by PA law or NY law or both. You would want to research which is more favorable. Check not only the wage laws/employee laws that provide that you are entitled to recover wages AND EXPENSES expended for the benefit of your employer, and you are entitled to... View More
My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More
answered on Sep 19, 2024
You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.
Some of the statutes also carry with them "liquidated damages"... View More
DM met with me on August 23.
My FMLA and disability leave on September 19th
I have not heard from The DM since
Can she terminate me while I’m on disability leave and FMLA
answered on Sep 19, 2024
Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More
I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More
answered on Sep 19, 2024
If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More
I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More
answered on Sep 19, 2024
When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More
answered on Sep 19, 2024
NE has a state agency that handles wage claims- Nebraska Department of Labor- find them on internet. Under Federal and state laws, employees are entitled to wages for all hours worked. Most states require payment of hourly wages no less than twice a month, or it could be as frequently as by the... View More
I put in my 2 week notice through email, on 9/16, to my boss, the VP and the owner but didn’t include the division boss as he runs the northern division and isn’t in our day to day activities in the Wichita division. I was just let go today from the division boss because he was upset I didn’t... View More
answered on Sep 19, 2024
In almost all states, your employment is "at will" which means that you can quit or be fired without cause or notice. Just because you give 2 weeks notice does not put you in a "safe harbor" period for the 2 weeks and you can still be terminated without cause or notice by the... View More
Drivers was involved in ann accident four hours after consuming a beer (caught on dash cam). Since it was deemed as minor accident at the time, my former employee went through the process of calling the cops and going through typical post accident protocol. He was not tested for alcohol at the... View More
answered on Sep 19, 2024
In your second post, you said this was a "former" employee. I responded to that with considerations regarding his continuing employment status. The dash cam video is important evidence because it is probably time stamped, be sure to keep it secure in case this whole thing blows up and... View More
My 16 year old daughter was driving alone in the morning headed to school, and failed to stop for the school bus who was beginning to put their stop sign and flashing lights, the officer then pulled her over and only gave her a ticket for the school bus not for driving alone with a permit. But she... View More
answered on Sep 19, 2024
The law is not clear on what will happen because your daughter committed multiple violations. Until licensed, she is not allowed to drive alone, this is one of the laws she must learn, it applies to her no excuses, as all of the vehicle code applies to drivers. Of course the failure to stop for the... View More
Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More
answered on Sep 19, 2024
I agree with Attorney Socci's analysis, but you have some other problems. You haven't said where he drank the beer, or whether the vehicle was moving (appears to have been drinking in vehicle b/c on dash cam video.) Virginia's vehicle code would probably prohibit drinking alcohol... View More
Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there
answered on Sep 19, 2024
I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More
I do not have a non-compete agreement, I did not sign a severance agreement, I do not have a non-solicitation agreement and no other agreements. Additionally, no company policies in place and no policy handbook, or otherwise was ever given, received or signed. I have respected company owner and... View More
answered on Sep 19, 2024
While you may not be under any restrictions regarding solicitation of clients there are widely varying laws in the states regarding use of "trade secrets" which could include client lists, and client data base information. If you really want to be secure in establishing a new and... View More
Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More
answered on Sep 19, 2024
Attorney Fazzi has the better analysis. This doesn't seem to be an HR matter, it appears to be discrimination against your physical disability by failing to accommodate. There are a large number of problems for the ER with what you have described, such as they failed to have an interactive... View More
answered on Jul 2, 2024
In my opinion, Mr. Arrasmith's answer is not accurate. A tenant (renter) after 10 years is not required to give 60 day's notice of intent to vacate, however a Landlord is required to give 60 day's notice for any tenant who has occupied for more than one year. A tenant need give only... View More
my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day
answered on Jul 2, 2024
California Wage Law regarding fast food workers is located on the Labor Commissioner website, in the Wage Orders. Employees working with food fall under Order 5 – PUBLIC HOUSEKEEPING INDUSTRY. This wage order provides that two types of "break" are required: a "rest period"- on... View More
I was having a customers which all of them agree with me that I make full stop. But the cop keep pushing on giving me a ticket, I wish I have a dash cam, but unfortunately don’t. So what can I do
answered on Jun 1, 2024
Best is to get a traffic ticket attorney. Or you can plead not guilty and subpoena the Uber customers to testify that they saw you make a complete stop. But the Court is not obliged to believe them even if they show up. You will end up with unhappy customers who will complain to Uber. Thank you for... View More
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