Employment Contracts Legal Questions

If this is valid leave that you were entitled to and took (it was benefit employer provided you), and you are not in negative leave situation, then it appears that the employer cannot make this deduction from your final pay.  Take a look at VA Code 40.1-29 (https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-29).  Paragragh A discusses timing of payment.  Paragraph C discusses permitted deductions.  I would provide this information to the employer.  If they maintain that they are still going to make deduction, you could contact VA Department of Labor or local attorney to help you.... Read More

You need to obtain (if you don't have) and carefully review the ESOP Plan documents.  Therein the procedure to sell should be fully outlined.  Further, the previous employer should have plan adminstrator (or outside firm) who has fiduciary duty to assist you and answer any questions.  If you are not getting this assistance, contact an attorney to help.... Read More

Yes.  If you feel that you should be paid more, you are free to try to negotiate a higher salary or to quit your job, but absent (a) a contract which specifies what you must be paid; (b) violation of minimum wage laws; or (c) discrimination in wages based on prohibited characteristic (i.e. race, gender, religion, etc.), your employer is not obligated to keep your compensation the same going forward.... Read More

No. Your wife must be paid at least minimum wage for her labor. Otherwise, she is entitled to her unpaid wages, additional damages, and attorney's fees. Feel free to contact my office for a free consultation. We represent employees throughout the state of Ohio.   Ohio wage and hour lawyer www.mcoffmanlegal.com ... Read More

Contact the Texas Workforce Commission - Labor Law Department.  They administer the Texas Payday Act which requires hourly employees to be paid two times per month for all hours worked.  The procedure is free.  Be aware, this law will help you collect your money, but will not protect your job if the employer decides to retaliate.... Read More

Yes.  Although it is possible that the law is different in Oregon, in the jurisdictions in which I practice your employer has no obligation to provide you with a severance package unless you have a contract which says otherwise.  Thus it is within its rights to demand something in exchange for severance compensation, including a release of any claims.  Such a release would be enforceable with regard to most claims unless you can show some reason why it is invalid - that it was procured by fraud, through duress, etc.  There may be some claims, for example age discrimination claims, for which the release can be revoked within a certain period of time.  Of course, if you revoke the release or it is found to be unenforceable, you have to return the severance pay.... Read More

Employees paid on a piece-rate basis are not exempt from the various requirements of the Fair Labor Standards Act ("Act"), including minimum wage and overtime.  Piece¿rate is not a new or novel compensation technique; however, in recent years, the U.S. Department of Labor has dedicated substantial resources to investigating, penalizing, and prosecuting employers who misuse the piece¿rate system.  Even under a piece¿rate compensation scheme, employers must pay employees at least the applicable minimum wage for each hour of work (currently, $7.25 per hour).  This does not mean that employers are required to pay a certain rate per piece; rather, employers must ensure that at the conclusion of each workweek, all nonexempt employees have received at least $7.25 for each hour of work performed during the workweek.  It might be that the amount you earned at the piece rate was not sufficient to pay you at minimum wage for those hours and the employer had to adjust your pay so that you received at least minimum wage for that work week.  I don't think I have quite enough information to assess exactly what happened and whether you were paid correctly.   Now if you're saying that you worked over 40 hours that week between production and in-direct time, you are entitled to overtime.  Under the Act, irrespective of whether the employee is paid hourly or on a piece¿rate basis, the employer must pay the employee one and one¿half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. Again, I'm not sure of the facts.  Sorry I can't be more specific.    ... Read More

Non-compete agreements are enforceable in Pennsylvania.  There is a large body of caselaw dealing with issues surrounding non-compete agreements.  Whether and to what extent they are enforceable depends on the facts and circumstances relating to the execution of the agreement and the detailed language of the agreement.  I'm not certain what question you are asking.  If "coming after me" means your former employer has initiated litigation, then the enforceability of the agreement will be put to the test in the courts.  If they've sent a "cease and desist" type of letter, then it's time to get an attorney invovled on your end to review the agreement, the facts and advise you on a prudent course of action.  ... Read More

The Family Medical Leave Act is a federal law that applies to employers in Ohio and throughout the United States.  The FMLA requires employers (with 50 or more employees) to grant employees 12 weeks of unpaid leave.  Employees are eligible for leave if they have been employed by the employer for 12 months and worked 1250 hours.  Leave may be taken for the birth of a child and to care for the newborn child; the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement;to care for a family member with a serious health condition; the employee's own serious health condition makes the employee unable to perform the functions of his or her job; or certain reasons related to the military service of the employee’s family member.  Whether or not the company has implemented a policy, they are required to follow the law.... Read More

Noncompetes which provide that the employee will not take a job with one of his employer's customers can certainly be enforceable, but, although there are many relevant factors which are not included in your description (What will you be doing for the state?  For example, the provision is a lot more likely to be enforced if you will be maintaining the same phones and just cutting your former out of the loop by working directly for the state than if you would be doing something  entirely unrelated to your prior employment, like being a toll booth attendant.  How long does the non-compete run and over how wide a geographical area?  Will you be using anything in  your new job which could be considered a trade secret of your former employer?  Did you get the job with the state through your prior job?  etc., etc., etc.) it is unlikely that such a covenant would be enforced against an employee in your position.  However, even though I think that you would probably prevail in the end, there is nothing to stop your former employer from suing you for breach of the non-compete if he/she/it wants to give you a hard time and send a message to other employees who might be thinkiing of leaving. Your first step should be to read the actual agreement that you signed, and see if what you are proposing to do would violate it.  Frankly, I doubt that it prohibits you from taking a job with the state, which I think is unlikely to be considered a "customer" under the agreement.  Also, even if the agreement prohibits you from taking a job with the state, I doubt that it prevents you from taking all state jobs, just certain ones which compete with your former employer. ... Read More