Employment Contracts Legal Questions

So my first answer splits a pretty fine hair - "yes" you can be fired while on workers comp leave but "no" you can't be fired because you filed a workers comp claim.  To elaborate - the law prohibits discrimination against (including termination of) an employee because he filed a workers comp claim.  However, if legitimate reasons exist (e.g. employer lost the contract on which you were working, employer no longer needs your position - that is they don't replace you with someone who does the same work, employer cannot do without you and replaces you and has no other jobs for you) then being out on workers comp leave does not immunize you from being fired. Though I am not a comp lawyer, I generally understand that if you are fired while on comp leave, the comp carrier will continue to pay your medical benefits, but will stop paying your lost income benefits. In my experience a lot of companies try to say they have a legitimate reason for firing an employee out out comp leave, but they are really just trying to reduce the dollars the comp carrier is paying out, so as to minimize future increases in their premiums, and to ensure that folks that do file such claims don't come back and file another claim later.  That rational violates the anti-retaliation provisions of the Texas Workers Comp Act. The only remedy for this is to find a labor and employment lawyer who represents employees.  Lawyers.com should be able to provide you with a list of such attorneys in your area. Good luck.... Read More

You question holds two possibilities for the TWC's refusal to pay unemployment benefits.  First, TWC will not pay you benefits for any period of time covered by a severance benefit or payment.  Normally TWC would tell you "you are eligible for benefits but they won't start for 2 months" representing the 2 months severance you received. "Misconduct" is also a reason for denying unemployment benefits.  Misconduct is defined on the TWC's website and it is a bit narrower than the common use of the term.  In general it requires that you violated a written policy of which you had notice or that you did something so outrageous (for example stealing cash from the register) that any common person would know constitutes misconduct. If TWC has otherwise approved your unemployment, but is waiting to pay you until the two months of severance is exhausted, I am not aware of any remedy you have.  If the TWC says you are guilty of misconduct and is denying your unemployment altogether, you may appeal the initial decision to a telephone hearing officer and, if you don't like the hearing officer's decision, appeal it to the 3 commissioners of the TWC and, if you don't like their decision, file a lawsuit appealing that decision.  You must go in that order.  You must carefully meet your appeal deadlines.  Failure to adhere to the deadlines will deprive you of your opportunities for further appeal whether or not you are right in your position. Good luck.  ... Read More

While California has a very strict statute prohibiting restrictions on the competitive activities of FORMER employees, to the best of my knowledge it doesn't stretch to cover CURRENT employees.  Frankly, I think it would be ridiculous if the law required an employer to continue to employ someone who was also competing or working for a competitor at the same time, but I am not a California attorney and could be mistaken.... Read More

Assuming you do not have a union contract, there is no law that requires your company to pay severance pay.  If the company is offering a severance package to employees who are laid-off, this is a decision the company has made.  Usually, such packages are only offered if the employee signs a release and promises not to sue the company.  ... Read More

You should consult with an experienced employment attorney so that he or she can review your severance agreement and gather additional facts.  However, the retirement account is probably governed by a federal law that would prohibit the employer from allowing you access to unvested benefits. ... Read More

An employee cannot be required to work continue to work for his a private employer after he quits.  However he may forfeit some benefits (for example, payment for accrued and unused sick leave) if he quits without notice.  Also, if you have a written contract you should read it or show it to an attorney who may be able to explain if there are other consequences.... Read More

I'm not an expert on unemployment law, especially in MO, but it would seem to me that,while being "forced" to retire could be considered firing, refusing to submit an application requested by your employer could be considered cause for firing.  Again, not familiar with MO law, but in NY you can't get unemployment benefits if you are fired for cause. ... Read More

Assuming that Ken made untrue factual statements about you, rather than statements of opinion (for example, that you called in sick more than a dozen times last year would be a statement of fact; that you had an annoying personality would be a statement of opinion), you would seem to have a good claim for defamation.  If what Ken said reflected on your qualifications as an employee, you may not even have to show actual damages (i.e. prove that you lost a job because of it) as such statements could constitute slander per se.... Read More

Absent a contract which says otherwise, or discrimination for some reason prohibited by statute (age, race, gender, religon,etc.), an employer is not required to pay each of its employees the same, or to pay more to more experienced employees.  Not sure if you follow baseball, but Andrew Miller makes a lot more than Chris Capuano even though they play the same position for the same employer and Capuano (until he was recently cut) was both more experienced and had been with the team longer.... Read More

You say the company "issued" an agreement, which is contradictory.  By definition, an agreement means that two or more parties have mutually agreed upon something.  If you don't agree, obviously  you are not bound, although I recognize that you may feel you have no choice because you can't afford to  lose your job.   Be that as it may, the agreement may or may not be enforceable based on many factors, but none of them relate to putting in a requirement of notice before quitting, or not specififying the disciplinary action which may be taken.  Contracts can cover any number of subjects, and the headings of various provisions are generally irrelevant. FYI, if the information is really confidential, i.e. a trade secret, employees are required to protect its confidentiality by law, regardless of whether there is a contract in place.      ... Read More

I'm not sure if I understand your question. If you're asking whether an employment contract which provides that the employee will get 15 days of vacation, including 7 national holidays, would be enforceable I see  no reason why not.  However, that doesn't mean that you have to agree to it. If you're asking whether a contract providing that an employee will get 15 days of vacation, saying nothing about national holidays, will be construed to mean 15 days of vacation including national holidays, that would depend on the individual facts of each case.  For example, if the employee had been working at the same place for 10 years and that had always been the vacation policy, I'd say yes.  In general, however, I think it likely that a Court would take a contract like that to mean 15 days of vacation not including national holidays.... Read More

If the commissions have been earned, you are entitled to them and are not required to sign any other agreement.  Withholding someone's pay is a crime in New York.  Moreover, where an employer refuses to pay earned commissions, Article 6 of the New York labor law provides for the recovery of additional penalties beyond just the commissions owed.... Read More

On their face, it appears that these facts support a claim of discrimination on the basis of gender.  Of course, your employer may dispute your facts and/or offer non-discriminatory explanations for them, so there is no guarantee, but it looks like you may have a good case. P.s. maybe I'm just dense, but I don't get the licking the fingers reference.... Read More

You indicated that your former employer is telling "everyone" about why you quit your job and wonder whether they can get in trouble for that.   Usually, when an employee chooses to resign, rather than be terminated, they are doing so in order to avoid the embarrassment of termination and more importantly, the negative employment references. Unfortunately, unless you get that in writing, there is no guarantee of privacy or of a positive reference. Defamation (slander) occurs when someone communicates false information about you that damages your reputation.  Truth is an absolute defense.  So, as long as your former employer is telling the truth, there is probably not much you can do.    ... Read More

Yes and no.  By depositing the check, you probably did agree to the terms, but the law provides that you have at least a week to revoke any release or waiver of age discrimination claims.  If, as I expect, your severance agreement contained such a release or waiver, I believe you would have the remainder of the week to revoke your acceptance by returning the money.  It is possible that the severance agreement also provided, explicitly, that you would have a period of time to revoke any acceptance.   ... Read More

exempt employees do not get overtime. They work the required hours. This is one of the mistakes we have made as a country. We have weakened the unions and collective bargaining. You are in a difficult position. I would do the work and look for other employment while employed. We can advise you from behind the scenes. Ed Dimon... Read More

If you signed the agreement under duress, which it appears that you did, it may be voidable.  Contact an attorney to help you.  My firm, www.generalcounsellaw.com has information about the legality of separation/severance agreements on our website.  Contact me at mgreen@gcpc.com with questions.... Read More