Employment Contracts Legal Questions

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493 legal questions have been posted about employment contracts by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include labor and employment, whistleblower litigation, and wage and hour law. All topics and other states can be accessed in the dropdowns below.
Employment Contracts Questions & Legal Answers - Page 8
Do you have any Employment Contracts questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 493 previously answered Employment Contracts questions.

Recent Legal Answers

Do I need a permit to work in North Carolina? I am 16 years old.

Answered 9 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer
In most situations, yes.  You can get the permit online at the North Carolina Department of Labor's Wage and Hour Bureau.  Not sure if it will work, but here is the link:  http://www.nclabor.com/wh/youth_instructions.htm
In most situations, yes.  You can get the permit online at the North Carolina Department of Labor's Wage and Hour Bureau.  Not sure if it... Read More
You should contact an employment attorney to discuss the termination. If a background check was run, then there are specific rules the employer needs to follow. Our office handles background check and wrongful termination cases.   Ohio background check attorney http://mcoffmanlegal.com/background-check-attorney-ohio-fcra/... Read More
You should contact an employment attorney to discuss the termination. If a background check was run, then there are specific rules the employer needs... Read More

Can I be fired because the compnay no longer needs my position

Answered 9 years and 9 months ago by attorney Bruce Robins   |   1 Answer
Absent a contract which limits your employer's right to terminate your employment, you can be fired for any reason other than those prohibited by statute (e.g. race, religion, gender, etc.)  So, unless you have a contract saying otherwise, your employer can fire you because it is elminating your position.  However, if this was just a pretext and your employer is really firing you or treating you differently because of your race, nationality, religion, etc., you may have a claim.... Read More
Absent a contract which limits your employer's right to terminate your employment, you can be fired for any reason other than those prohibited by... Read More
Absent a contract which limits your employer's right to fire you, you are employed at will and can be fired for any reason not prohibited by statute (e.g. race, religion, gender, etc.)
Absent a contract which limits your employer's right to fire you, you are employed at will and can be fired for any reason not prohibited by statute... Read More
Contact the Department of Labor and explain the story to it.
Contact the Department of Labor and explain the story to it.
No one could answer if you have a good case or not, or how to respond to a motion directed to facts.  However, if your case is dismissed, your claim is over, as the statute of limitations to make these claims to the NYS Human Rights Commission, etc, have expired.
No one could answer if you have a good case or not, or how to respond to a motion directed to facts.  However, if your case is dismissed, your... Read More

Who should I contact to stop harassment from a former employer regarding return of company property?

Answered 9 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
Certainly if you were to retain an attorney, that person could communicate with your former employer and the contact from your employer to you would stop.  All future communications would be with your attorney.  It sounds like the dispute has gotten to the point of you needing to retain counsel.... Read More
Certainly if you were to retain an attorney, that person could communicate with your former employer and the contact from your employer to you would... Read More
I am surprised that your employment is at will, as I would have expected it to be subject to the hiring and firing provisions of a collective bargaining agreement.  As an at will employee, your employment can be terminated for any reason not prohibited by statute.  If you believe that termination of your employment resulted from discrimination based on a statutorily prohibited reason (e.g. race, religion, age, etc.) you may have a claim.  Even if not, however, unless you are being offered something for resigning, I don't see why you would, unless you think it will look better to a subsequent employer than being fired.... Read More
I am surprised that your employment is at will, as I would have expected it to be subject to the hiring and firing provisions of a collective... Read More
I am not sure that you are exempt.  Moreover, in most cases, if the employer deducts pay from your salary for missed work of less than a day, you will become non-exempt.  Talk to an experienced employment attorney.
I am not sure that you are exempt.  Moreover, in most cases, if the employer deducts pay from your salary for missed work of less than a day,... Read More

is a 90 day probation period done the day you sign the review papers

Answered 9 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
There is no general law about probationary periods in Pennsylvania.  If you have an employment contract or a union contract, you should review that document and see if it speaks to the issue.  If not, you might direct this question to your employer. 
There is no general law about probationary periods in Pennsylvania.  If you have an employment contract or a union contract, you should review... Read More
Well your employer was probably wrong paying you under the table at any time.  Your employer did not pay taxes that you should have paid.  To the contrary, the employer owed the taxes.  He is not permitted to withhold your W-2 from you.  This is likely a violation of the Fair Labor Standards Act or the Pennsylvania Wage Payment and Collection Law.  You should either retain an attorney to pursue your remedies (and get attorneyes fees) or contact the PA Dept of Labor and file a wage complaint.  Here is a link to the wage complaint form:  http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553573&mode=2  ... Read More
Well your employer was probably wrong paying you under the table at any time.  Your employer did not pay taxes that you should have paid. ... Read More

Employment Issue

Answered 9 years and 10 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
We would have to understand all the circumstances. How long has she been an employee ? What caused the delay ? Please call to discuss. Ed Dimon 732-797-1600
We would have to understand all the circumstances. How long has she been an employee ? What caused the delay ? Please call to discuss. Ed Dimon... Read More

if i quit my job without notice during the middle of the month what happens to my medical benefits and vacation time

Answered 9 years and 10 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
The employer must give you notification regarding your COBRA benefits for continuing your health benefits. I would have to read the contract to determine the vacation benefits. Ed Dimon
The employer must give you notification regarding your COBRA benefits for continuing your health benefits. I would have to read the contract to... Read More
Your employer can decide to let you go before the end of your two weeks. However, the failure to pay you properly and/or in a timely manner may be an issue. Feel free to contact my office for a free consultation.   Ohio wage and hour attorney http://mcoffmanlegal.com/unpaid-wages-and-unpaid-overtime-attorney/... Read More
Your employer can decide to let you go before the end of your two weeks. However, the failure to pay you properly and/or in a timely manner may be an... Read More

I was fired in 2011 for a prescription

Answered 9 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
Do you have a question? 
Do you have a question? 
Absent a contract which limits the employer's right to fire you, you can be fired for any reason not barred by statute (e.g. on the basis of age, gender, etc.), certainly including the failure to disclose any wrongful activities of your superiors.
Absent a contract which limits the employer's right to fire you, you can be fired for any reason not barred by statute (e.g. on the basis of age,... Read More
You might have a claim against the hiring employer for detrimental reliance.  The validity of your claim might depend on what you know might turn up on your background check and what you knew about what that employer might deem to be unacceptable for your offer.  To use and extreme example, if you were being hired to work at a daycare pending a background check and you know that you have a criminal record involving children in your recent past, then I'd say you have no claim.  You should take your offer and the details to an attorney to get specific advice and an assessment of your remedies. ... Read More
You might have a claim against the hiring employer for detrimental reliance.  The validity of your claim might depend on what you know might... Read More

hired as piece rate worker

Answered 9 years and 11 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
I'm not sure where to start here.  The one thing I can say is that if you are "laid off", you can get unemployment comp benefits.  Your employer can also ask you to take a pay cut -- and I'm assuming there is no collective bargaining agreement that governs you.  I'm not sure what you're really asking here.  Wage/hour matters are often highly specific and necessitate a detailed conversation and review of your paystubs and work hours.  I recommend that you speak with an attorney well-versed in employment law about your situation. ... Read More
I'm not sure where to start here.  The one thing I can say is that if you are "laid off", you can get unemployment comp benefits.  Your... Read More

I was given a offer from a job, start date, background clear.

Answered 9 years and 11 months ago by Stephan Math (Unclaimed Profile)   |   1 Answer
Based on the short summary you provided you may have a viable claim for negligent misrepresentation given that there was a specific offer and reliance by you to your detriment, i.e., the loss of an existing employment. I would be happy to review any documentation you may have in connection with this issue...Stephan Math Esq., smesq1@aol.com... Read More
Based on the short summary you provided you may have a viable claim for negligent misrepresentation given that there was a specific offer and... Read More

Im a truck driver can I sue for wrongful termination

Answered 9 years and 11 months ago by attorney Bruce Robins   |   1 Answer
If you received a 1099 you were classified as an independent contractor, not an employee, althought you could challenge that so it is not a big obstacle.  However, absent a contract which limits an employer's right to fire an employer (for example, providing that an employee can only be fired for good cause), an employee can be fired for any reason not prohibited by statute (e.g. race, religion, gender, etc.)  So unless your contract limited the reasons why you could be fired, or unless you believe that you were discriminated against on the basis of your race, religion, etc, I don't think you have a valid claim.... Read More
If you received a 1099 you were classified as an independent contractor, not an employee, althought you could challenge that so it is not a big... Read More

Do I work in a hostile work environment?

Answered 9 years and 11 months ago by attorney Matthew James Porter Coffman   |   1 Answer
It's not likely you would collect unemployment. Hostile work environments under the law are not based on general hostility, but the hostility must be based on your age, race, gender, disability, etc. While the environment sounds hostile, it is not a legally protected hostile work environment. If you want to do something about it, complanit to HR. If they retaliate against you by terminating you then you will be more likely to receive unemployment.   Ohio hostile work environment attorney www.mcoffmanlegal.com... Read More
It's not likely you would collect unemployment. Hostile work environments under the law are not based on general hostility, but the hostility must be... Read More
It will depend on what the contract provides.  You should have an attorney review it.
It will depend on what the contract provides.  You should have an attorney review it.

I have worked past the end of my employment contract - can I quit?

Answered 9 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer
We would need to review the contract to give the proper answer. Ed Dimon
We would need to review the contract to give the proper answer. Ed Dimon

is there a lawyer that can help me

Answered 9 years and 11 months ago by Stephan Math (Unclaimed Profile)   |   1 Answer
I don't know if we can help you based on the information provided. If you would like us to review your matter for you please provide us with a detailed account of all of the facts so that we can properly evaluate whether or not you may have an actionable claim. You may provide it directly to us by email. Stephan Math Esq., smesq1@aol.com... Read More
I don't know if we can help you based on the information provided. If you would like us to review your matter for you please provide us with a... Read More
This is a fact-specific inquiry that cannot be answered without a review of the agreement, etc. However, a noncompete may be enforceable if consideration was given. Futhermore, you may be an employee (even though they refer to you as an independent contractor). Also, what was the purpose of the noncompete, i.e., was it to protect valuable information that you were provided, or was it simply to quell competition? These are all facts that would need to be reviewed to provide you with an answer to your question.... Read More
This is a fact-specific inquiry that cannot be answered without a review of the agreement, etc. However, a noncompete may be enforceable if... Read More