Employment Contracts Legal Questions

  Maybe your daughter is eligible for coveraage under Family Medical Leave Act.  FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for qualified medical reasons.  The company has to have 50 or more employees and your daughter needs to have worked there for 1250 hours for the last 12 months.... Read More

Absent a contract of some sort (individual, union, binding employee handbook, etc.) limiting an employer's right to terminate an employee, that employee can be fired for any reason not prohibited by statute (e.g. race, religion, sex, nationality, and some types of whistleblowing, etc.)  Assuming no such contractual limitation, and no improper discrimination (for example, if another employee of a different religion had the same type of conflict and the boss treated that employee differently because of his religion) your significant other certainly could have been fired for a conflict with his boss, but instead the boss will apparently not fire him if he seeks counseling.  I see nothing legally improper about this.... Read More

It depends on whether your company has a written policy or consistent past practice of paying cash for accrued but unused paid time off.  There is no law that entitles an employee to be paid for unused vacation time.  You'd need to have a valid employment contract, an employee manual or consistent past practice to enforce such a thing. ... Read More

It is unfortunate that the plant manager feels that his love of cats is more important than the health of his workers. What he (and apparently the ownership of the plant) do not understand is that this might expose it to workers compensation liability for workers who have a serious allegeric reaction. The only thing that I can recommend is that you might want to anonymously contact the plant ownership and/or OSHA and let them know of this hazardous condition. While I understand that you have to work to live, please keep in mind that you only have one life and one health and once this is ruined, you can not get another one but you might be able to find another job.... Read More

Employers may choose from several options how they will pay your wages. See A.R.S. 23-351(D).   If they choose to pay you by direct deposit, they must have your consent to do so, but they are no obligated to pay by direct deposit if they do not want to. Unless they have otherwise promised to pay you ONLY by direct deposit, then they are likely free to switch to another payment method authorized by statute.  They must, of course, continue to pay you (subject to withholdings, garnishments, and other authorized or mandatory deductions). ... Read More

Yoi must work closely with your HR person at work and with the insurance provider to get coverage for your spouse ASAP and at the proper price. Mistakes are common and that is why the employer has HR personnel and the insurance company has agents. You can suggest that the better practice is to have the spouse affirmatively decline coverage in writing. This would avoid the problem in the future. This is how we do this at our firm. Call if you have issues. Ed Dimon... Read More

Yes, unless the reduction in pay results in less than minimum wage or the failure to pay overtime to non-exempt employees.  However, if a certain pay is gauranteed by an enforceable contract, which is truly rare, and the employer is failing to pay the gauranteed rate, then there may be a contract claim.  You would need to read the contract to see if it says what will happen if the employer does not pay the gauranteed rate. ... Read More

We would review the contract ASAP and see if the contract violates NJ employment law. We need to review the contract and understand the circumstances of the employment to advise you properly. However, we should be able to negotiate a fair settlement for you because you cannot be tied to the employer for an unreasonable period. Please call to discuss. Ed Dimon 732-797-1600... Read More

In New York, the statute of limitations for legal malpractice is 3 years from the date of the malpractice, but the period is tolled while the lawyer continues to represent you.  Thus, if your attorney blows a statute of limitations, you would have 3 years from that date to sue him/her.  However, if the attorney continues to represent you after that, trying to appeal the ruling that the limitations period had run, the 3 years would run from the date the attorney ceased to represent you in that matter.... Read More

I think it means that you won't work anywhere that is within 50 miles of any clinic your current employer operates, and I think that it is therefore overbroad and unenforceable as written (also for the reason that the language you quoted doesn't specify that you can't engage in any competing business, but any business at all; literally read, this would prevent you from operating a McDonalds).... Read More

We would have to review the contract to answer properly. However, it is not unusual for contracts to require employment for payment of compensation. Your situation may be different if the language regarding commissions is sufficient to protect you. Please call to discuss. Ed Dimon 732-797-1600... Read More