I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... Read more »
answered on Sep 22, 2022
Firstly, judicial enforcement of non-compete agreements (often called "Covenants Not to Compete" in WV) is heavily fact-dependent, with consideration given to the reasonableness of the agreement, the legitimate interests of an employer seeking protection, the adverse impact on the... Read more »
I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... Read more »
answered on Sep 20, 2022
The answer to your questions will depend on (1) what West Virginia courts consider enforceable non-competition provisions, (2) the specific facts and circumstances of your case, and (3) the language of the non-compete as well as any other restrictive covenants (clauses that forbid you from doing... Read more »
I was diagnosed with a serious form of cancer & got fired due to missing 7days in a yr.
answered on Jun 24, 2021
Hello, more information is needed here. Did you miss due to your cancer? I would highly recommend reaching out to an employment law attorney to discuss this situation.
I am receiving unemployment for one year. Now my employer reported that I resigned. I received a layoff letter from them . They didn't pay my pto too.
answered on May 4, 2021
If your employer is claiming you resigned to contest your unemployment claim, you should make sure your unemployment office gets a copy of your layoff letter and explain that you did not voluntarily resign. Whether you are entitled to your unused PTO upon termination is generally governed by... Read more »
I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my... Read more »
answered on Jan 6, 2021
Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.
In April and couldn't actively seek work he still has his job when the doctors clear him I am disabled and we have been forced to live on my disability can I sue the unemployment office for benefits including retroactive ones?
answered on Dec 1, 2020
To be eligible for unemployment benefits, the general rule is that the individual must be physically able to work. Thus, during your husband's surgery and post-operative recovery period, he would unfortunately not be eligible to receive unemployment benefits if he was not physically able to... Read more »
I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... Read more »
answered on Aug 26, 2020
More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.
answered on Feb 17, 2012
On its face, the conduct of the employer appears to treat you and your co-employee differently; however, in order for that conduct to be discriminatory and actionable (i.e. for you to have a case), there must be evidence of an improper discriminatory motive. In particular, if you are a member of a... Read more »
Would also like to know if he has an advocate, should I have one also.
answered on Feb 11, 2012
It is hard to answer this question without more information. Your question was asked in the Employment Law area, but refers to an Ex and also references a 24-hour notice and no-shows, which implies that perhaps your question relates to a child custody or parenting plan - can you please clarify... Read more »
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