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Recent At Will questions
We have a family daycare for the past nine years. we have
we have a family daycare for the past nine years. we have state license and purchased general liability insurance but did not know about workers comp insurance and thought the liability insurance covers everything.about 45 days ago we had an employee who told us she went to the gym and did some lifting and she has pain on her shoulder. She went to the doctor with her daughter last week and did MRI and then yesterday they went to the doctor and the doctor told them the injury is within her shoulder and she might need surgery and stay home for three months to recover, and called us that the doctor told them it happened in the daycare. She is 65 years old and she has both medical and medicare and although she had told us it happened in the gym but now she says it happened in the daycare and asked us about workers comp info and that was when we called our insurance and the insurance company told us we do not have workers comp.She is saying that since we do not have workers comp we have to pay for all her medical expenses and her recovery time at home.we have now applied for workers comp insurance which will be in effect within a few days.what can we do with this employee. She might even takes us to court since we did not have the insurance at the time. what is our options at this time.
Breach of Contract: I was hired as a contractor. The company
Breach of Contract:I was hired as a contractor. The company released me from my contract (IC Agreement) on May 17, 2016 after working for them for 17 months.They breached the contract by not giving me a 30 day notice, as stated:"Commencement of Services; Term. Contractor shall commence the provision of the services on the date set forth on Exhibit A and shall continue performing the services until the indicated anticipated expiration date, unless sooner terminated as provided herein. This Agreement may be terminated at any time with or without cause by either party upon 30 days written notice, provided that upon such termination all materials of the Company in Contractor's possession shall be immediately returned to the Company. Notwithstanding the foregoing, Company may terminate this Agreement immediately without notice for cause, which shall include (a) criminal, fraudulent, or intolerable behavior, or substance abuse; (b) a material breach of this Agreement and failure to cure such breach within five (5) days after receipt of written notice thereof, or (c) the death or disability of Contractor."I brought it to their attention that we have a contract in place and they sent me a "Termination Agreement" stating that:1...."The IC Agreement ended by mutual agreement as of 5:00 p.m. on May 17, 2016" (They released me from my contract. I don't see how this was mutual)2. Consideration. Subject to the provisions of Section 4 below (Release and Indemnification) and in consideration of Contractor's execution of this Agreement and her full and timely performance of all of her promises and obligations in this Agreement, Client agrees to provide Contractor with the Separation Payment equal to compensation for one month, which is x amount.Contractor acknowledges that the Separation Payment is provided solely in consideration of (a) her execution of and compliance with the terms of this Agreement (b) the Confidentiality provisions set forth in Paragraph 6 of the Independent Contractor Agreement (Non-Disclosure Agreement), and (c) any Nondisclosure Agreement with Client.3. Voluntary Agreement4. Release of Indemnification5. Arbitration6. Entire Agreement. Contractor does not rely upon any representation or statement not set forth in this Agreement. This agreement supersedes any and all prior agreements... except any policy or agreement prohibiting disclosure of confidential business info or trade secrets of Client, including those set forth in the IC Agreement and any Nondisclosure Agreement between Client and Contractor.This is yet another agreement/contract they want me to sign. I don't think it is a good idea to sign it when (1) they did not honor the first agreement - the IC Agreement and (2) this looks to me like a completely separate contract that has nothing to do with making an effort to remedy the lack of providing a 30 day notice (and the monetary compensation that goes along with the 30 day notice).I think that if they want me to sign a Termination Agreement, they need to fulfill the original contract (the IC Agreement) first.Am I correct in seeing these two agreements as separate requests? What rights or recourses do I have?
I work as a "part time" team lead (I have no real authority)
I work as a "part time" team lead (I have no real authority) for a company that is contracted with a supermarket chain, my Supervisor called me into a meeting with an assistant store manager for this chain, during the meeting he proceeded to reprimand me in front of this Assistant store manager and show me problems with the team I lead, after providing me with photos of mistakes one of my team did he told me he had no choice but to give me a written warning ( my second one for a team member I have no authority over).Can he do this? What about workplace confidentiality, this supervisor has told me of other personal issues that I really don't feel I needed to know about, he has altered my work reporting tablet which also came up in this meeting and accused me of entering false information.There are what I feel other work place violations with this company but are too many to ask.
I am a nurse practitioner in the state of Texas. There were
I am a nurse practitioner in the state of Texas. There were allegations brought against me by a plaintiff every since the threat of suit i was reported to the board of nursing who placed a stipulations o my licenses i completed the courses they requested but all of the monitoring by a fellow NP could not be completed because my contract with my employer has been terminated. Just this week the plaintiff filed/ signed a partial non suit in the courts I received notice. What does this mean? Does it mean that he decided not to sue and if so does this mean that the Board filed an order that is now void because there was no Law suit. My name was also placed in a NP data bank. There was not a law suit so does this mean that it was accusation and that my name should be removed from the data bank?
Counselor at Law
I have a non-compete agreement bound by the laws of Ohio.
I have a non-compete agreement bound by the laws of Ohio. While I signed the agreement a company representative did not. The contract states "this agreement becomes binding on the last date executed below". While i signed and dated the agreement. The company left their section without a signature or date. Is the agreement still binding according to Ohio law if I resign?
I have a question, It is legal in Florida to make deductionView more employment law questions
Hello,JA: Hello. How can we help?Customer: I have a question, It is legal in Florida to make deduction from an employee paycheck for errors and damage merchandise ?JA: Is the employment agreement "at will," union, full time or part time?Customer: at will , full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude