Employment Contracts Legal Questions

Usually not very..such agreements are generally unenforceable and are viewed to be in restraint of trade..however, this is a very general answer to a very general question and I would caution you to provide all of the facts..for instance there could be an issue of misuse of trade secrets which may well be enforceable.......Stephan Math Esq, smesq1@aol.com... Read More

If you are salaried, why are you required to clock in/out?  Maybe you are misclassified as a salaried employee.  This is very common.  If you are properly classified as exempt (salaried) then it doesn't matter how many hours you work.  Perhaps your employer suspects you are misclassified and is trying to avoid a wage/hour problem.  You should consider consulting with an employment attorney to determine whether you are properly an exempt or non-exepmt (from overtime rules) employee. ... Read More

You need to have an experienced employment attorney review the contract with you.  If you are searching for an attorney, you may want to use the Find A Lawyer feature at the top of the page (website) as attorneys are prohibited from soliticing you. Keep in mind that employers adopt non-competes for a reason and generally have no desire whatsoever to negotiate the agreement after you have signed.... Read More

Do you have a contract which limits your employer's right to terminate your employment?  Are you being treated differently from other employees based on some improperly discriminatory reason, such as based on your race, religion, gender, etc.?  If the answer to these questions is no, then you can be fired without notice.... Read More

Unless you have a contract which limits your employer's right to fire you, or you are being discriminated against in violation of some statute (e.g. based on your race, religion, gender, etc.) you can be fired at any time with or without cause.  There may have been an issue about  her authority to fire you when the husband didn't want you fired, but it appears that he has now acquiesced in your termination. ... Read More

The terms of the contract will govern.  At will means that there does not need to be cause for termination.  The time period is something separate.  "Press charges" is a criminal concept.  This is not a crime.  Whether the employer pursues you for the three weeks you quit early is up to them.  As damages are hard to calculate, it is not likely.... Read More

You clearly submitted your resignation effective two weeks after the date of notice.  They said we don't need the two weeks notice so your resignation is effective today.  I don't know what record you refer to but your employer may make a note of this in its own records for whatever reason.  There's no other "record" that is kept to my knowledge.... Read More

Here, these facts are not clear of a breach of contract.  You need to send in the contract and consult a lawyer on the agreement.  Most lawyers will charge a consult fee, and to review the contract and provide advice, and it would seem worth the investment since you are saying you lost $50,000.  Any lawyer in Florida can help, just send over the contract and contact to set up a consultation.  Also of question is whether you are still employed and whether the company is collectable.  The law provides attorney's fees to recover compensation so there may be a case worth pursuing.  ... Read More

I'd be very angry if this happened to me.  I'd say your remedies depends on the circumstances of the disclosure.  If the info was stolen or hacked, you probably don't have a remedy.  If the info was disclosed by mistake by your employer, you make have some rights.  I think you should contact an attorney, go over the details and if your rights have been violated, think about what you want to do about it.  Monitoring your credit score and other on-line identity sources is probably the most important thing you can do.  Some of that you can do for free on your own, but maybe the right answer here is that your employer purchases a monitoring service for you. ... Read More