Employment Contracts Legal Questions

The key to success is a written record. Verbal comments will not be sufficient. The employee must make a record of what was told to the employee with regard to compensation and put the employer on record as to what the deal was and how the deal has fallen short. If you do not have a written record, you fall into the he said she said category under which the employer denies that this ever took place.... Read Answer

The key to success is making a written record of what happened at the place of employment. The specific conduct must be set forth in writing to the employer. The specific conduct must be supported by additional witnesses. It is most difficult to win the case without giving notice to the employer of the prohibited behavior and giving the employer the opportunity to correct the prohibited behavior. Notice and the opportunity to correct are crucial for victory. In addition, the employee needs supporting witnesses who will come to court and support them regarding the prohibited behavior. It has been our experience, that the other employees will not testify in support of their co-employee.... Read Answer

Key to answering this question is in the specific details. What is the nature of the work being done by the person with the heart condition ?Is the employee capable of doing the  job responsibilities with a heart condition ? The classic case is a fireman. A fireman is required to carry 165 pound person down a 20 foot ladder. If the fireman cannot carry 165 pound person down the ladder, then the person cannot be a fireman. Employer is not required to give a reasonable accommodation to the fireman. Employer has no obligation to allow this person to be a dispatcher or to drive a truck. Please call if we can help. Ed Dimon ... Read Answer

The devil is in the details. If you were paid off the books for a long period of time, then you will be charged as a co-conspirator. What was the nature of your employment. How much money did you make. How much did you escape in taxes. These are factors that will be taken into consideration by the prosecuting authorities. If for example, you made a large sum of money off the books and did not pay a large amount of taxes, and you are a co-conspirator. What would be your defense? Please call if we can help you. Ed Dimon... Read Answer

The only claims that seem possible would be contract claims.  If the franchise's actions violated the contract, then you might have a claim against the franchise for violation of the contract. Additionally, if the worker's violated their non-competes by going to work for the franchise, then there could be an action against the workers.  However, even with clear written contracts and blatant violation, you may have a problem with statute of limitations on either action.... Read Answer

I would have to review the terms and conditions of the employment separation agreement to try to determine what the consequences would be if you did not sign. I cannot possibly give you the proper answer without knowing what the contract says. In general, the separation agreement requires that you sign the agreement in order to receive the benefits of said agreement. Ed Dimon... Read Answer

The NJ Supreme Court has issued a recent opinion on this issue. The proper answer can only be given after we compare your situation with the new case. We would be honored to represent you and give you a written opinion as to the merits of your legal position. Please call to discuss. Ed Dimon 732-797-1600... Read Answer

A non-compete agreement can be enforced against an independent contractor.  However, non-competes are looked at skeptically by the Courts (and are almost completely barred in Cal.), and many are held to be unenforceable, in whole or in part, based on a variety of factors, including their geographical and temporal breadth, the activities prohibited, the industry, the employee's job and exposure to both customers and proprietary information, the consideration received by the employee (or independent contractor) for signing the non-compete, the time and money expended by the employer to train the employee or independent contractor, etc. etc. etc.... Read Answer

Assuming that you have no contract which limits your employer's rights to fire you (i.e. an agreement providing that you can only be terminated for violating policies set forth in the employment handbook), yes.  In fact, absent such a contract, you can be fired for any reason not prohibited by statute (race, gender, religion, etc.)... Read Answer

You are in a difficult position because either you or your attorney must be present. I would recommend that you exhaust your negotiations with your employer before hiring an attorney. You could then use the attorney to push the employer to settle. If the employer will not settle, then you must sue in court. Ed Dimon... Read Answer