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Recent Employee Benefits questions

I worked for Weiser Lock when it was here in Tucson Az. for

I worked for Weiser Lock when it was here in Tucson Az. for 8 years. They moved the operation to Nogales SA. and since moved somewhere else. In Arizona I understand that I have vested rights to a pension. Just how can I claim my vested rights pension or whom do I submit a claim?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I am in Tucson Arizona.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: If possible

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Marsha411JD

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After 16 yrs-1967-1983 full and part-time I left to teach

After 16 yrs-1967-1983 full and part-time I left to teach and I was told I would get about TWO HUNDRED FIFTY DOLLARS. I have been prn at the same facility for 33 years and I decided to retire. After 3 weeks they tell me that they cannot find my records and that I am not vested. The president told me there was a flood and those records were lost.l So they quoted me one humdred and forty seven dollars. I do not know how they came up with that figure. I want the original amount. What do I do?

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Marsha411JD

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I'm currently an IT consultant, on behalf of a local

HiI'm currently an IT consultant , on behalf of a local consulting firm, to work for my client. Recently I got an opportunity to work for another team in my client's company. (My client's company is very big, and there are so many different teams and departments) I would like to work for this team but would like to get some legal advice based on the non-compete and non-disclosure policies in my employment agreement, to ensure that I won't violate these policies with my current consulting firm.The work I currently perform and the work I will perform (at future team) are both data related work but have very different directions.13. Non-Competition. Throughout any period during which Employee is an employee of Employer and for a period of twelve (12) months from and after the date upon which Employee shall cease for any reason whatsoever to be an employee of the Employer (the “Employment Cessation Date”), Employee covenants and agrees that Employee shall not provide, or accept employment in a position where Employee is providing, products or services that compete with the products or services that Employee, on behalf of the Employer, provided at any time during the twelve (12) months prior to the Employment Cessation Date. The restriction provided for in this Section 13 shall only apply, however, (i) within those cities, towns and/or counties wherein the Employee, on behalf of Employer, provided or offered to provide such goods and services at any time during the twelve (12) months preceding the Employment Cessation Date and (ii) to the provision of such goods and services to individuals or entities to which Employee, for or on behalf of the Employer, provided or offered to provide such products or services at any time during the twelve (12) months preceding the Employment Cessation Date.14. Non-Solicitation of Customers. Throughout any period during which Employee is an employee of Employer and for a period of twelve (12) months from and after the Employment Cessation Date, Employee covenants and agrees that Employee will not, for Employee's benefit or the benefit of another, solicit any person or entity to whom Employee provided products or services on behalf of Employer, or that Employee solicited to provide products or services on behalf of Employer, in each case at any time during the twelve (12) months immediately preceding the Employment Cessation Date (each a “Customer”) for the purpose of providing or offering to provide products or services to such Customer that compete with the products or services offered or provided by Employer at the time of such solicitation and at any time during the twelve (12) months immediately preceding the Employment Cessation Date.

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John

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I was employed as a RN at a Drs office for 2 1/2 yrs and

I was employed as a RN at a Drs office for 2 1/2 yrs and contributed to their profit sharing program. Fast forward almost 20 years and I am now newly retired and in asking them about collecting on those contributions have been told they have changed plans so much since then there is no was of identifying what if any of my funds still e?xist. It seems it should have increased with their profit sharing...Am I really out of $10,000 which is what was initially investedJA: Have you documented this or discussed it with HR?Customer: IJA: Is the employment agreement "at will," union, full time or part time?Customer: I have spoken with the office manager and that is what she told me. It was 'at will' and no union. I was employed full time.JA: Anything else you want the lawyer to know before I connect you?Customer: I have asked legal aide and they are recommending Erisa violation, also contacting

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Marsha411JD

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I worked for Continental Telephone company in Harrisonburg

I worked for Continental Telephone company in Harrisonburg Va from July 1973 until May of 1981. They were subsequently bought out by General Tel and ultimately by Verizon. I need to find out if I was vested and who to contact. Thank you!JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: 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: i resigned at my own free will for another employment opportunity.

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John

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We are a NJ employer and we are a school as well as a

We are a NJ employer and we are a school as well as a community center that also has a summer camp for the children. We are embarking on hiring our camp employees who traditionally were always considered “seasonal employees”. We do not offer our seasonal employees benefits. We have part time employees (who work less than 30 hours per week) and they become seasonal employees in the summer and work in our camp. If an employee works 28 hours per week all year during the school year and then works 40 hours/week in summer camp do we have to offer these employees health insurance benefits during the summer? We also have numerous school age employees who work a few hours each week during the school year and then 40 hours per week in the summer. Are we required to offer them health insurance benefits in the summer?

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John

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I am writing on behalf of colleagues working at my former

Hello,JA: Hello. How can we be of help?Customer: I am writing on behalf of colleagues working at my former employer, a major corporation. The defined benefit maximum pension has been paid at age 65. There is also an ESOP that was added a number of years ago.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: The parent company is based in Illinois, and the affected employees are in other states. Employees requesting information are getting estimates in writing from the company. One person was told his defined benefit pension would be $2,426 a month at age 65, and $4,330 a month if he waits to draw it at age 70. Another person was given an estimate of $2,333 at age 65 and $4.164 at age 70. These are incredible numbers, a growth of 12% a year. Social Security only gives you 8% a year if you wait from 66 to 70. For the ESOP, the person getting the $4.164 was told the figure would be $2,138 at age 65, and $4,139 at age 70. Nobody can find any changes in the pension plan where the company said it would boost the payment in this substantial way at age 70. How can these numbers be legitimate? Is it possible the company simply changed the payout formula, simply boosting the retirement pension age to 70 without telling the employees?JA: Is the employment agreement "at will," union, full time or part time?Customer: Full-time, non union. I assume "at will" means you can quit or be fired at any time.JA: Anything else you want the lawyer to know before I connect you?Customer: Do I have to pay for this advice?

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Marsha411JD

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I feel I was wrongfully terminated as a salaried employee. I

I feel I was wrongfully terminated as a salaried employee. I work in Pennsylvania as a production supervisor. We are a union shop so all my employees have rights that I have to follow with regard to any punishment I give out. We had an incident involving a male and female co-worker. As far as I know this was nothing more than words, because I have only here-say information from some of those who were formally interviewed by our corporate H.R. representative. There has also been talk that there may have been some mutual texting , some which may be considered flirtatious, between the two that boyfriend found out about. Said boyfriend also is an employee of mine and called accused and told him to stop and this is where the trouble really started. This is where it gets sticky, as I have been refused my interview papers or others even though my termination paper says, On numerous occasions Russ was made aware of situations between several members in his work department in which violence or other unprofessional behaviors were allowed to exist without any disciplinary action or follow-up from management. When interviewing me they ask me about the aforementioned incident and what I knew about it and what I did. People in our plant have words everyday and it is not common practice to babysit every he said she said incident as per our union contract the guidelines state that one goes to supervisor, if not satisfied, then they get the union involved. Neither of these things occurred, as the employee continued working and called corporate H.R.when arriving home from their shift. Maybe now would be a good time to point out that myself and our corporate H.R. representative have a past, as I was a 30 + year in the shop union employee, who was also for 6+ years chairman of the grievance committee. We have had our differences about some salary benefits, in particular our PTO, which we earn 1.42 days a month, and upon termination they refused to pay me the 24 days I had already earned. Can they do that? The second, and more serious incident involved both, the union and my boss, the plant manager who I personally brought into it who then handled the discipline which was nothing. The third was between said employee and his son, who is also an employee of mine, and neither of them came to me. I heard it through the grapevine, and was nothing more than a mouth battle. The other incident they questioned me about one employee came to me, told me what happen, words and said employee threw wrench. Then went to talk to other employee and said he didn't throw wrench at him, he threw wrench down and said fix it yourself. After letting things cool for a little accuser apologized, they shook hands and the matter was over. The accused, because of the first incident involving the woman was subsequently given 5 days subject to discharge, which the union has filed a grievance against asking for reinstatement and pay for all days off. When questioning me I was ask if I thought my department was a safe work environment, which I answered yes, and if I had anything else I felt they needed to know about investigation, which I gave them info about another female employee who was approached to throw dirt on accused that wasn't there. on both occasions I told them if they want more than my opinion on my shop and anything else needs to come to light on this matter I told them the better people to ask would be the people in the shop. I was told both times I DONT HAVE TIME TO DO THAT. They weren't looking for the truth. Please feel free to contact me at***@******.*** or(###) ###-#### Thank You Russ Kerstetter

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Law Educator, Esq.

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I own a yoga studio franchise in Texas. I need to issue an

I own a yoga studio franchise in Texas. I need to issue an "independent contractor agreement" to my yoga teachers and I am using a template recommended by my franchisor, a company incorporated in Colorado. This template, under payment terms reads: "As provided in Colorado Revised Statutes §§ 8-40-202(2)(b)(IV) and 8-70-115(2), the Independent Contractor expressly agrees that, as an independent contractor, the Independent Contractor is not entitled to any employee benefits from the Company, including, but not limited to, any employer withholdings or liability for: taxes, FICA, Medicare or Medicaid;medical or disability insurance; vacation or leave; pension; unemployment insurance; or worker's compensation insurance"please recommend a substitute reference for the "Colorado Revised Statutes §§ 8-40-202(2)(b)(IV) and 8-70-115(2)" considering I am in Texas.thanksGuido

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ScottyMacEsq

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