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Recent Breach of Contract questions

I was working a full-time permanent position of employment.

I was working a full-time permanent position of employment. I was contacted in a direct, unsolicited recruitment by a company controller of another company who had seen my resume 'somewhere'.I was lured away from my job by this other company with a description of work, and duties described which did not exist. I was hired for Payroll and account reconciliation, in addition to the possibility of other defined tasks and assurances of Long-Term employment, as the position they were recruiting me was necessary to their company. In fact, they made me assure them that i was only interested in 'Long-Term' employment.I was offered the position as described, after a face-to-face interview with the controller and the company CEO.... I resigned my position and gave my employer (at the time) notice, and then went to work for the company that recruited me.I was never afforded the opportunity to perform the job(s) that i was hired for, and was placed into the role of Full-Time Collections, a position for which I have zero experience, and which was never once mentioned during the recruitment/interview for employment.I repeatedly tried to be assigned the duties for which i was hired, and was continuously put off, ignored or dismissed. after only a few months, the billing clerk resigned from that company, and I was offered that position full-time. I declined by saying that I really wanted to do the job for which I was recruited/hired, and was told okay.After approximately 2 additional Months, I was terminated. They informed me that my position was no longer necessary, and I was asked to leave that day. They made it clear to me that my termination had nothing to do with performance nor my work ethic, it was only because I wasn't needed any longer.I never would have left my previous employer if they had told me the truth, that the job I was directly recruited for would never exist, or that I would never be permitted to perform the duties for which I was recruited for.Also, had I known that my position was going to be terminated within months, I would have obviously given more thought to accepting the Billing position offered at the earlier time.They Lied to me, Lured me away from permanent, full time employment with a description of a job that did not, and apparently never would exist. This has caused me great hardship. There are many more details of a possible improper nature regarding this company, but this is the basis of my question.To I have recourse for Fraud or Material Misrepresentation? I never applied for a position with this company, the company controller reached out to me, unsolicited.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,850 satisfied customers
My question is, I am a Operations Director for a small

My question is, I am a Operations Director for a small trucking company. We hired a gentleman about 10 months ago who had no prior trucking experience to be our Logistics and Sales Director. We are on equal ground and I respect that. He has a lot to learn and has progressed over time but in this business, you never stop learning. I've been in it over 30 years. This gentleman has been acquainted with my owner for over 25+ years as they went to college together. One instance in past 60 days was this gentleman disagreeing with a business decision I made on behalf of the company while my owner was out of town. He came down from upstairs while I was outside on break and began to ream me so loud, my employee's thought he was fighting or was going to fight me. He was screaming, edging me on, using foul language, etc... I just stayed calm and told him to let it go, that just fueled him more. He clinched his fists, but again I asked him to just walk away, he didn't so I did. I wrote an email to him later that day and included my owner that I wouldn't be talked to or threatened that way. Once my owner returned, he stalled me for over a week to discuss the matter saying he hadn't had time to talk to him. Once he finally did talk to me about the incident, it was like he just swept it under the rug. This has happened a second time now, no language or yelling, just angered frustration and slamming a phone down on me. My biggest question is to me, this has caused me to feel that it's okay for him to treat me this way and created a hostile work environment. I actually am now disliking going to work and I loved my job up to these instances. In our employee manual, it clearly states this type of behavior will not be tolerated and if anything, a written warning and/up to termination could take place. NOTHING has happened to this gentleman but as my owner said the first instance, "I"ve talked to him". The second instance talk with my owner last Friday was "you need to work this out with him as I will not referee or, there will be changes". I feel like this has been turned on me. My staff on the day outside when he verbally attacked me, has stated they were concerned for my well-being that day. So I feel I am not exaggerating this situation. Is there anything I can do legally in a situation like this as I said, I now am hating to have to go in and perform my normal duties, which I am doing but feel defeated as the second in charge now.

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Phillips Esq.

Attorney

Juris Doctor

18,030 satisfied customers
This is a Utah Question. Does a Non-Compete hold up if you

This is a Utah Question. Does a Non-Compete hold up if you want to move to different company in Utah that is a competitor?

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
My wife, an exemplary employee for a local hospital (w/21

My wife, an exemplary employee for a local hospital (w/21 years loyal experience in procurement) has been asked to attend a meeting at 3:00 P.M. today with her immediate supervisor and a representative from HR in attendance where she will be informed that due to "a sudden reorganization" of the Department by her Director (muddled information released during yesterday's morning huddle), her job is being eliminated. She has been tipped off by her immediate supervisor that she will be offered another job within the hospital procurement system but for a possible substantial cut in pay. She's got reason to suspect that if she doesn't take this new position post haste, she will be 'quitting' her job and therefore not be entitled to any severance and/or unemployment benefits because she quit her job, instead of being fired. If she wants to consider taking the new position, legally, how much time does she have before having to commit to this decision, five minutes, ten minutes, the weekend, two weeks? Are there any employment laws being broken here? What rights does she have? Do you see anything that jumps off the page that you might recommenced. Again, my wife has been a solid employee for her employer with many commendations of the recent past for her performance including a recent bonus in salary that put her at the very top of her pay grade.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
I was terminated from my employer after 28 years of service.

I was terminated from my employer after 28 years of service. My employer called my PCP to authenticate signature on FMLA form, months after FMLA was designated qualifying. PCP advised he did not recognize the signature, but stood behind all other information on the form. He offered to fill out new form and re-submit. Because employer designated qualifying 6 months earlier and did call to authenticate within FMLA qualifying time-frame, employer refused and terminated me for fraud. Under FMLA regulations, it reads that I was to be given 7 days to correct form in doubt or submit new form - and was also entitled to a 2nd or 3rd medical opinion if employer would not accept new form from same PCP. Is this correct?

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Brandon, Esq.

Senior Counsel

Doctoral Degree

3,646 satisfied customers
My employment agreement states that in order to terminate

My employment agreement states that in order to terminate the agreement I must have given notice to my employer on August 1, 2016 otherwise it renews automatically for another year at the end of its first term (ended 11/30/16). Can my employer force me to work another year?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: no

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
I have lost wages because my supervisor gave me an overall

I have lost wages because my supervisor gave me an overall below in my performance review for the year despite the fact that I have made several complaints to my department director about my supervisor treating me differently than the other co-workers and that she reports my work inacurately and constantly harass me. Nothing has been done about her behavior and now i have lost some wages because of that. I need a lawyer because I believe that I have been discriminated against

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
My son is being sued by Ferrell gas for breach of contract

My son is being sued by Ferrell gas for breach of contract when in fact he didn't do it. Ferrell gas hired a private investigator to call him and set him up. Just hours before his non compete clause was to end he received a phone call where the investigator' pretending to be a consumer ask him about recommending a gas company in another county. Stating he was calling for his elderly parents and needed help selecting a gas company. My son told him there were a couple there and Ferrell gas is one of thos. The other is the corp. he could choose either however Ferrell gas is hard to get a hold of and they are higher priced. They was all that was said. A few days later my son was fired and now being sued in federal court for damages of $75000. Dollars for diverting customers to other companies which is not what he did. He didn't divert anybody. And if they had not set him up with that phone call that would never had happened. His attorney says there is absolutely no evidence against him to prove anybody of these charges. Could they be the ones who violated the non compete agreement because with out their actions that conversation would have never taken place. Billion dollar company sueing a small down employee to stop him from opening his own gas company after a 10 year non compete agreement. He wanted to reopen his former gas company again that he had to sell due to a an insane brother in law who was creating serious family problems and the way to stop ut was to sell the company. His possible customer count would be around 500 customers. There's more to this but the law suit says he can't work for any gas company for two years. It's the only business he knows and basically he can't support his family b cause of this.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,850 satisfied customers
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?

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
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