Employment Contracts Legal Questions

Unless there is a contractual provision in the employee's employment agreement limiting an employer's right to fire an employee, the employee can be fired for any reason not prohibited by statute (e.g. discrimination based on race, religion, etc.).  Publicly disparaging a customer is certainly grounds for termination.... Read More

Was the employer actually taking out the $80.00 each month? If they were, they are likely liable for sending the money to address the loan. If they were not taking out the $80.00, the responsibility may fall on you. If you did not see the deduction, it would probably be your responsibility to send the money in to pay the loan yourself. ... Read More

It is not appropriate to sign an affidavit that is not true.  Your contract may have a provision that requires you to sign an affidavit upon leaving, but otherwise there is nothing in the law that would require you to do so.  If you wish to sign the affidavit so that you leave the firm on good terms, it is recommended that it be part of a severance agreement so that you are otherwise protected.... Read More

Your compensation can be based on commissions even if you are an employee, and not an independent contractor.  The question of whether you are an independent contractor or an employee depends upon the degree of control you have over what you do and how you do it, not the basis of your remuneration.  Anyway, potential lenders are not interested in whether you are an employee or independent contractor.  They care about your income, and how steady and reliable it is. ... Read More

You are not bound to accept your new employer's interpretation of what "good reason" means, and can sue to enforce your rights.  However, if you do so, you risk losing, and not getting anything, instead of the settlement proposed by your employer, i.e. to work until January, 2017 and then to leave and collect your severance package.... Read More

The provision is a little unclear.  The phrase "anywhere the Company offers its services or has customers and where I have responsibility for the Company" could be interpreted to cover places where the Company has business, has customers, or where you have responsibility for the Company, or it could be interpreted to cover only situations where BOTH conditions apply, i.e. the Company has business or customers AND... Read More

North Carolina is an employment-at-will state where you can be terminated for any reason.  You can only file a wrongful termination lawsuit if you can show the termination was motivated by unlawful discrimination or unlawful retaliation. There are no laws that protect employees who are terminated due to medical conditions other than the FMLA which applies only to employers with 50 or more employees or the Americans With Disabilities Act whcih applies to employers with 15 or more employees. Unfortunately, neither law applies to an employer with 10 employees. ... Read More

I'm not sure whether you're asking whether you are saying that your former employer copied your boyfriend on the letter, or demanded that your boyfriend cease and desist certain activities as well, but either way I see nothing illegal about it.  If your former employer sent a letter to a current or prospective employer wrongfully claiming that you (or your boyfriend) had a valid non-compete, and that caused you (or your boyfriend) to lose the job, that might constitute a tort, but just sending such a letter to you is not (absent other circumstances you haven't mentioned in your question) illegal that I can see.... Read More

If a background check was involved, I would encourage you to speak with an attorney who handles background checks. Our firm handles such cases, handls such cases, and works on a contingency fee.    Ohio background check attorney http://mcoffmanlegal.com/background-check-attorney-ohio-fcra/... Read More

The general answer is no.  The law requires that you file a charge wiht the EEOC within 180 days if you are claiming discrimination on the basis race, color, sex, national origin, religion, disability or age 40 or older or if you are claim retaliation because of engaging in a protected acitivity related to one of those. If you demand it, the EEOC will take your charge and immediately give you a Notice of Right to Sue.  You could then file a lawsuit and see if there is some argument you could put together to convince the judge to ignore the late filing with the EEOC.  It is theorectically possible, but in exceptionally rare circumstances.  You used to be able to file a state court lawsuit if you alleged discrimination on the basis of any of the factors above.  You may still be able to, but HB2 (the transgender bathroom bill) may have terminated the ability of employees to do so in this state.  There is a separate federal law that covers race discrimination and retaliation in cases involving a black employee or applicant that does not need an EEOC filing. All of this is very complex and you should probably consult directly with an expererienced employment attorney about this.... Read More