Employment Contracts Legal Questions

There are simply too many variables to answer this question in a forum such as this.  Contact an experienced employment attorney in the Knoxville area and set a consultation to speak directly to an attorney. (Simply speaking with a staff person and doing a questionnaire will not do you any good.)... Read More

Minnesota is an "employment at will" state, which  means that the general rule here is that either the employee or the employer may end their employment relationship at any time, with or without notice, and with or without cause. As with any "general" rule, there are exceptions.  For example, an employer may not fire an employee for an unlawful reason, such as discrimination based on an employee's legally-protected status (of which there are many). Also, if there is a contract between the employer and the employee, then the "at-will" concept does not apply, and the termination must be handled as outlined in the contract. Sometimes, an employer's handbook or other policies may create a contract that controls how a termination is to be handled. So, unless you have a contract or there is evidence that the employer dismissed you for an unlawful reason, the employer's decision to fire you was probably lawful.... Read More

As you noted, the at-will employment doctrine means that either party to an employment agreement can terminate the agreement, with or without cause, with or without notice.  Since there is no written agreement concerning the relocations costs, you are under no obligation to pay it back.  However, if your conscious tells you that paying back some of the money is the right thing to do, by all means - do it.  Even though the new employer may not "sue" you for the proceeds, they could certainly give you a bad reference.  Your reputation may be at stake. ... Read More

Does your contract state that it will continue in force for a certain period of time?  Most employment agreements are at will.  In other words, employer and employee agree that employee will do the job and receive an agreed compensation, but either can terminate at any time, or upon a given period's notice.  Unless your agreement provides for a definite term, or limits your employer's right to terminate you, your employer can refuse to go forward under the same terms, just as you can refuse to go forward unless you are paid what you consider to be fair.  So your employer can't change the terms without your consent, but it can refuse to employ you unless you agree to the terms it proposes.... Read More

You question reveals a number of legal issues.  First, you identify your self as a "contractor" and mention "invoices" then you identify the person you work for as your "enmployer".  Normally those terms are mutually exclusive.  Before you know what your rights are, you have to know whether you are really an indpendent contractor or an employee. In general, if the person you work for tells you the hours to work, supplies your tools and materials, and controls the details of your work and you are paid by the hour or the day or the piece and you are performing work that is part of the essential operations of the company and you have no profit or loss in a project, then you are an employee. Conversely, if you are paid a fixed fee for a project and you supply all labor, equipment and materials, and have the option of sub-contracting the work to someone else as well as working for multiple companys at the same time and there is a possiblity that you could earn a profit or suffer a loss if you don't complete the work on budget, then you are likely a contractor. An employer is required to pay you at least twice per month and cannot change the financial terms of your employment after you have performed the work.  An employer may also have the obligation to pay overtime for hours in excess of 40 in a single workweek.  If an employer has not paid you your wages, then you can file a complaint with the Texas Workforce Commission - Labor Law Department.  However they cannot help you with wages that are over 180 days old.  Be sure to tell them that you believe your employer mis-classified you as an independent contractor and why.  If you are an indepenent contractor, your only enforement mechanism is the courts.  Since the amount owed is less than $10,000.00 you can file a small claims case against the company in a justice of the peace court where the company headquarters is located or where the work was done.  You can do this any time after the payments are past due.  You have up to 4 years, unless you signed an agreement that shortens that time. Good luck.  ... Read More

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. So the question will be: is there enough evidence to show you were fired because of your age. ... Read More

The clause you described is certainly quite broad and would likely result in this company having a claim to any intellectual property that you create during the term of the agreement.  Are you actually an employee or just a contractor?Typically, even with employees there are carveouts in these types of clauses that protect you when you create something totally independently (i.e. not on employer's time or using resources from employer) of your employment.   Let me know if you would like to discuss this. Thanks, Jon... Read More

Do you have a contract, whether individually or through a union, that limits the company's right to fire you?  Sometimes such a contract can be implied from an employee handbook.  If not, you can be fired for any reason not prohibited by statute (e.g. race, gender, etc.) certainly including for not agreeing to new company policies, unless perhaps the policy itself was illegal (e.g. if the policy was that you would not sell to non-white customers, you might have a case that  you couldn't be fired for not agreeing to it).... Read More

Generally speaking, non-disclosure clauses in separation agreements are lawful and enforceable. Odds are, the agreement probably also states that you are giving up any right you may have to make claims against the employer. Therefore, be sure to completely understand the restriction and the rest of the agreement before you sign it.... Read More

Your employer might have a duty to accommodate you, and those accommodations could include light duty work, modified job duties, additional time off, etc. However, this all  depends on a number of factors, such as how many employees work for the employer, the nature of your condition, what your restrictions are, what your job duties are, etc.... Read More

Absent an employment contract which limits an employer's right to terminate an employee, it can fire any employee at any time and for any reason not prohibited by statute (e.g. discrimination based on gender, race, nationality, whistle blowing in some jurisdictions, etc.)  Do you believe that you were discriminated against because of your race, gender, etc.?... Read More

This question is hard to answer without looking at your employment agreement, if you had one, and the demand letter from the former employer. In general, an employer can sue a former employee if the employee committed some act which breaches a contract or a common law duty which the employee owed to the employer.  I don't see how they could go after your last year's pay or expense reimbursements.  Presumably you worked for them and provided them services.  They have to pay you for that and can't get your work for free by threatening you with a lawsuit. In any event, there are too many variables to say specifically what your rights or their rights are at this point.  The only way for you to have any real comfort is to go see an attorney.  If you feel you can't afford one, you might check with the Travis County Bar Association to see if they have a lawyer referral service.  Most services will let you talk to a lawyer for 30 minutes or so for a pretty small fee (usually less than $100.00).  Thereafter if you and he or she decide you have a real problem, you can discuss how much it would cost to retain that attorney to defend you. If you do get sued, do not throw the papers in the trash.  Find someone who can advise you as to how to respond.  Failure to answer a lawsuit usually results in a default judgment which can follow you the rest of your life, even if the allegations are untrue. Good luck.  ... Read More

Do you have a contract (either individual or union) which requires that you be kept employed at the old wage?  If not, and if the new employer is applying the same cuts across the board, not discriminating against particular groups based on race, gender, etc., I see no basis for any claim.  If you don't want to work for the wages offered by the new employer, you have to find another job.... Read More

Yes, the employer can change the pay at any time.  However, the employer must give the employee notice at least 1 pay period prior to the change under North Carolina law.  If it does not do so, then the employer is probably liable for the difference in promised or agreed wage and the lowered wage for one pay period.  In other words, $13.00 per hour for one pay period.  As for the agreement, it is possible that it is an enforceable contract but it would be subject to interpretation of the terms and to several defenses including waiver and possibly the statute of limitations.  Best thing is to have an attorney review the agreement. ... Read More