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It is not clear to me if the provisions of the MPI Award
It is not clear to me if the provisions of the MPI Award (provisions below) are in effect when signed or not until an award is received? I left the company and never received an award and I want to know if I can be held to the non-solicitation clause.Award Letter (contract):We are pleased to inform you that you are being offered a 2015 Award under the Mars Performance Incentive (“MPI”). Your participation in the MPI is conditioned upon your agreement to, and compliance with, the terms of this Award Letter and the MPI legal plan rules. If your employment ends before payment of your 2015 Award, you will forfeit your Award. You will also forfeit your Award if you violate any of the non-compete, non-solicitation, confidentiality, or non-disparagement provisions summarized in Appendix A. By accepting the terms of this Award Letter and the MPI legal plan rules, you agree to be subject to these restrictions in their entirety and that your MPI Award payments are conditioned upon your adherence to these restrictions.By accepting this Award, you specifically acknowledge your agreement that your MPI Award payments are conditioned upon your adherence to the non-compete, non-solicitation, confidentiality and non-disparagement provisions summarized in Appendix A.MPI Award recipients will be subject to non-compete, non-solicitation, confidentiality, and nondisparagement provisions. Your MPI Award payments are conditioned upon your adherence to these restrictions.
Topic: Reclassification of my status from 1099 independent
Topic: Reclassification of my status from 1099 independent sales rep to W2 employee dating back to November 2015.Question:Would my former employer treat the possibility of me filing for reclassification of my status of a 1099 independent sales rep to W2 employee dating back to November 2015 and ending July 1 seriously enough to make a out of court settlement?Attached Files1099toW2***.pdf gives all the details which are also pasted in this window.Kevin****Agreement.pdf is the agreement.July 27, 2016Reclassification of my status from 1099 independent sales rep to W2 employee dating back to November 2015.Dear Attorney,Would my former employer treat the possibility of me filing for reclassification of my status of a 1099 independent sales rep to W2 employee dating back to November 2015 and ending July 1 seriously enough to make a out of court settlement?Excerpt from attached agreement:“Description of Services: Consultant will provide consulting services related to expanding the business, creating sales and generating revenues for the company”This is the only document signed or otherwise acknowledged in writing the nature of my employment.Here are some of the characteristics of my working arrangement which might be helpful in establishing a credible, not certain to win, case.The product I tried to sell was not ready for market as illustrated by the growth of global sales from ZERO to ZERO over two years ending July 1, 2016. I moved into other roles which would be classified as marketing and those fit my professional background in marketing. I offered market analysis, strategies, new product development expertise and attended meetings held by the Owner & President, the VP of Sales and Marketing, and others. I worked normal hours from 8am-5pm weekdays in the company office since Nov 12, 2015. They provided me a company cell and business cards, as well as, the title of "Director of Business Development". I had a direct reporting relationship with the VP of Sales and Marketing. I was given a company shirt and ordered to wear it on Wednesday's to brand our company. Additionally, in my independent contractor agreement I was required to work a minimum of 20 hours per week unless otherwise approved by the company. My picture, title and biography was listed in the company information as team member on its website. The contract is attached. My new boss as of June explicity told me that I need to be hired because he has “seen enough employement situations to know what is and is not a 1099 position.”After promising for months to hire me as a salaried W2 at a rate of $5000 per month which I offered because I naively thought it would help the company get through this tough stage. However, I stipulated that my salary would need to be market based by September of 2016 or once another round of investment was gained. Interestingly he hired three more people before starting to pay me still under the 1099 arrangement. Finally, in April the company found new investors and promised to hire me soon as an employee reporting to the new “VP of Administration”. I was paid four times from April to May of 2015 totaling only $6000 (from which I owe 12.4% Fica) (vs. $17,000 owed). In June he told me in front of the HR Director (his wife) that not only would he pay all the back wages from April and May, but catch up for June by month's end. The owner had fulfilled on $6000 of the $17,000 he acknowledges he owes me. If I were treated as a W2 since starting, I would have earned $44,000 including his FICA obligation.
I am trying to inspect the books and records of a
I am trying to inspect the books and records of a cooperative in which I am an owner. They in the past have allowed me to inspect all the shareholder meeting minutes and board of directors meeting minutes. They have refused to as I requested last month stating that the law firm has told them they do not have to do so. Please tell me the law in this matter and if they are estopped from asserting this as they have allowed it in the past. Furthermore the managing agent is making this statement to me regarding the law firm. Should I require that the board of directors clearly state this as the law firm is only for advisory. They, themselves have no authority unless it is vested in them from the BOD's.
I made the extremely stupid mistake of going into business
I made the extremely stupid mistake of going into business with my gf, now ex. She does everything she can to drive me nuts. I've tried to buy her out but she refuses. She says she'll buy me out but never does what she says and constantly tries to talk me into staying because she can't actually run it herself. What can I do legally to get out of the situation? If she continues to keep me trapped can I just take my invested share of equipment and leave, or Atleast threaten it to pressure her to follow through.
We have 4 partners in a business. myself and another partner
we have 4 partners in a business. myself and another partner are trying to "buy-out" the other 2 partners. They had paperwork drawn up with the basic terms of the agreement, $60,000 total buy-out. Payable $2,000 per month for 30 mos. simple and basic. However, attached to this agreement, they had a 'Judgment Note" added. The wording on this judgment note says "the undersigned promises to pay to the order of ... the sum of $60,000 lawful money, together with interest to accrue at the rate set forth below, payable as follows: the Principal sum shall be paid in 30 equal installments commencing 30 days from the date hereto, and on the same day of ea month thereafter. In addition, all monthly installments shall include a payment for interest on the unpaid principal balance at the fixed annual rate of four percent." my question is this. We never agreed to pay any additional interest. The selling partner says "this only comes into play if you guys fail to pay us, as long as your making your monthly $2,000 payments - the judgment note doesnt come into play" is this true?
I own a Retail business. I come to find out that my own sonView more business law questions
I own a Retail business. I come to find out that my own son removed my name from ownership. He executed a document with a Forged overseas Notory on it, and on that document he Stated that I released all of my interest to him. While all of this was happening I was out of the country on Vacation. The real important license was for the Alcohol License. He approached the office with the Fraudulent Document and they accepted. My question is how can the office even accept a document with a out of country stamp on it that read property management on it. It's not even a real official stamp. I approached the Alcohol License office and the only answer I got was to hire a lawyer. What can I do? What type of lawsuit should I do? I HVe no other option but to settle this in court as my son is not cooperating with me.