Employment Contracts Legal Questions

You can always get out of an employment contract; it's just a question of the consequences under the contract.  Depending on the contract’s language, you may be able to get out with fewer or no penalties based on the administrators’ behavior.  There may also be other provisions in there to worry about, including penalties for early resignations, noncompetition clauses, and “liquidated damages” provisions.  We can review the contract and advise you as to your options.  We can also investigate whether the administrators have unlawfully discriminated against you in any way.  Please call us to schedule a consultation.... Read More

There is no law requiring an employer to give you severance. Unless there is a policy of providing severance, the employer does not have to give it. In addition, unless there is an unlawful reason for not offering you severance, then there is no real legal claim.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

the 'devil is in the details'. i would need to review the documents and determine how they apply to the facts. i would then be able to give you a written opinion as to the merits of your position. if appropriate, i would then negotiate a settlement with IBM. the cost for the review and written legal opinion is $1500.  ed dimon, esq. 732-797-1600 ext 235... Read More

You have not stated a complete question. You should speak with an employment attorney. You may need an accommodation if you have a disability. Employers must make reasonable accommodations, but they are not required to make every accommodation.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

It is hard to tell from your explanation, but it probably is lawful.  I am not sure exactly what the "extended illness" hours are exactly.  It sounds like they are some form of sick time, i.e paid time off from work.  Employers are not required to provide any form of paid time off including sick time to employees.  If an employer does choose to provide paid time off, then it can change the policy related to the time off or even do away with the paid time off moving forward.... Read More

we have just successfully completed a similar case for an employee. we only represent employees. NJ does not favor 'non-compete' clauses. there has to be 'special circumstances' regarding the employment which would support the enforcement of the 'non-compete'. the 'circumstances' are fact specific and will be judged on a case-by-case basis. we would study the 'circumstances' with regard to the contract and advise you accordingly. ed dimon, esq. 732-797-1600 ext 235... Read More

If you were married under common law in any of the US States, the D.C. retirement office might be required to recognize it under the Full Faith and Credit clause of the Constitution, the same way that many Courts have now ruled that same sex unions performed in states which recognize them as valid must be afforded full faith and credit by other states, even if those states don't allow gay marriages.  However, I don't believe that there are any states which have common law marriages any more, although I suppose that if you established such a common law marriage many  years ago, when they were recognized in some states, you might still have a claim.  Also, the pension contract may define allowed beneficiaries or spouses to exclude common law spouses, which would not be a matter of Constitutional law, but rather the interpretation of a private contract.... Read More

You will need to get the agreement reviewed by an experienced employment attorney. However, in general, a non-compete lasts indefinitely while you are employed and then for the period of time specified after your employment ends.  Generally, that is a two year period.  If your non-compete says three years after you leave employment, then it may not be enforceable on that basis.... Read More

Employers often challenge employee's right to unemployment compensation. The appeals are the process before the telephone hearing. It is extremely difficult to get the denial of a telephone hearing reversed. When an employee is determined not to be entitled to unemployment benefits after they have received them, the overpayment must always be paid back. For the purposes of unemployment you must prove your girlfriend was terminated without just cause. I wish you the best of luck. ... Read More

Do you have an employment contract which limits your employer's right to terminate you?  If not, and if you are not being discriminated against for some reason prohibited by statute (e.g. race, gender, religion), your employer can fire you for any reason, including refusing to accept a reduction in salary.... Read More

Assuming that the employer is large enough to be subject to anti-discrimination statutes (generally 15+ employees and engaged in interstate commerce for federal statutes; don't know the requirements for NH statutes) no, unless the pregnancy makes the employee incapable of doing her job (i.e. if the woman was a taster for a liquor company, for example.)  Even then the employer is required to treat the pregnant employee in the same way as it treats other termporarily disabled workers.  For example, if the employer allows leaves of absence for employees who can't work because they broke their legs, it must provide the same leave of absence to a pregnant employee who can't perform their job duties temporarily.... Read More

Non-compete agreements are contracts so it depends on what the four corners of the document says. There may be a clause that says the new non-compete supersedes the old one. However, your employer may have some legal arguments regarding the mistake. At the end of the day, speaking with an attorney is necessary to weigh your options.   Ohio employment attorney www.mcoffmanlegal.com ... Read More