Employment Contracts Legal Questions

Most employees are at will and yes, they enjoy less job security than those who have employment contracts with definite terms and/or restrictions on termination.  However, assuming that you do not have such an employment agreement now and are therefore employed at will, not signing the agreement will not change your status - you will still be at will - and your employer has the right to fire you (or not hire you in the first place, depending on your status) if you don't sign the agreement.... Read More

Yes, you can be fired for your thyroid because North Carolina is an employment-at-will state and you can be fired for any reason. The question is: can you sue the company for firing you because of your thyroid.  The only claim that seems possible would be disability discrimination.  If so, then the statute of limitations expired years ago.... Read More

Your former employer is not telling you that you broke the law or breached any contract,and from the facts presented you have not.  He/she is only telling you that the failure to submit a written resignation will look bad on your record.  This may be true (although it doesn't seem true to me) but (a) it seems unlikely that any future potential employer would find out about it unless your former employer goes out of his/her way to mention it if asked for a reference; (b) given the reason you are not returning, any question of future employment seems like it is a ways down the line; and (c) given your reasons for not submitting a written letter of resignation, I doubt any future potential employer will hold it against you.... Read More

the police and military are given wide discretion with regard to background checks and sealed records. we have worked closely with both police and military applicants to have them obtian employment or admission. we work closely with a former police officer and former military officer. please call if we can help. ed dimon, esq. 732-797-1600... Read More

Assuming you have no contract which provides otherwise, yes.  The funeral home is entitled to set the terms of your continued employment.  It has made responsibility for financial mistakes a term of that employment.  You don't have to agree, but if you don't the funeral home does not have to continue to employ you.  Moreover, the law is that employees are liable for any damages their neglicence causes the employer.  Many employers don't try to recoup these types of damages from their employees because it's bad for employee relations, but they do have the right to do so.... Read More

NJ does not favor 'non-compete' agreements. the 'devil is in the details'. i would need to look at the contract and look at the inter-relationship between your actions for the various companies to provide you with a clear and specific written legal opinion. please call to discuss. ed dimon, esq. 732-797-1600... Read More

Have your employment agreement reviewed.  That sounds really odd to me that they would try to contract you in such a way that there's a blanket prevention on any employment for 3 months if you quit.  And, to be blunt, I don't see how it would be enforceable.  That said, it may have preventions in it hidden in legalize which may be enforceable and of which you'll wan to be aware.  You're best bet is probably to hire an attorney to do a professional review and break it down for you so you know exactly what you can and cannot do.... Read More

You can't use any trade secrets belonging to your former employer in your new job.  Whether or not particular information constitutes a trade secret, however, is always debatable.  It depends on such factors as the degree to which the information is secret (information which is publicly available or can be readily ascertained is not a trade secret), the amount of time and/or money which the employer expended to develop the information, the effort expended to keep the information secret, the degree to which the employer derives a competitive advantage from the confidentiality of the information, etc.  Thus, for example, a customer list which anyone can derive just from looking in the yellow pages or buying a list of subscribers to a trade publication is not a trade secret, while one which a business has compiled over a period of many years, at great expenditure of time and money, which the business goes to great lengths to keep secret by limiting access to only high level employees, and which is not readily ascertainable by others, probably will be considered a trade secret.... Read More

Pennsylvania is what is called an "employment at will" state.  What this means is that employers can terminate employees for any reason, or no reason at all.  There are certainly exceptions to this rule. For example, an employer cannot terminate an employee because of the employee's race, gender, disability, etc.  Whether or not you were "at fault" for the accident is probably not relevant to whether you were wrongfully terminated.  However, if the incident is reportable to some type of governmental authority, and you told the employer you were going to report it and the employer terminated you in order to cover the matter up, that might be a wrongful termination.  As with most situations, the specific facts are quite important.  We'd need to have further discussion in order for me to give you a more definitive answer. There may be other issues relating to your employment that could be used to prevail upon the employer to change its mind and restore your employment This all being said, you should certainly file for unemployment compensation benefits.  Whether you were at fault in the accident is less important in determining your eligibility for those rights.  My law firm is the provider law firm in Pennsylvania for LegalShield, a provider of legal services memberships.  For as little as $25 a month, you can get telephone consultations, documents reviewed and letters written on your behalf, representation for traffic tickets, will preparation and more.  Memberships are sold through independent sales associates.  If you are interested in learning more, I suggest that you contact pbergerjr@legalshieldassociate.com.  Once you become a member, you can contact my firm via our 800 number and talk further about this legal matter with me or one of the attorneys on my staff. ... Read More

While an employer can generally let you go for any reason or for no reason under "at will" employment, you may have a case for defamation against whoever made the defamatory statement.  You would have to be able to prove that the statement was made - it's best if if as in writing - and that it is false.  You listed your case under "employment contracts" - if you did in fact have an employment contract, that may mean you are not an at will employee and they cannot terminate you, except for cause. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More