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Recent Employment Contract questions
I am using made up names---I own a dental practice in
I am using made up names---I own a dental practice in Denver: Here is what happened-About 3 years ago we had what we call our yearly planning meeting-During the meeting each member of the office has their own paper bag and each person puts a note in everybody's bag something good about that person. During that meeting there was alot of humorous banter and that is the best that I can remember. Well, I put a note in Susie's bag about Mary that said totally in jest and trying to be funny, "That Mary is a slut don't you think?" Susie and Mary are sister in laws and good friends. I totally do not believe it to be true, but thought I was being funny because of the banter that was going on. Well, Susie and I had a laugh about it at the time when she read my note. Well, I saved the note as I had saved all notes from those kinds of things. Well, a week ago, there was a funny incident that reminded me that I had put that note in my pocket to show Susie and laugh about it. Mary and a couple staff members were there and I showed it to Mary and a couple staff members just trying to be funny. My ONLY intent was to be funny. I totally did not believe what the note said. Mary called me that night and was livid. I understand that what i did was wrong and told Mary that and continued to be apologetic and remorseful. I continued to explain that I did it in what I thought was all in fun. The apology's didn't matter. ( I happen to know that what I thought was funny rekindled some old wounds that Mary had from her past) Again, I know I was wrong and take responsibility for it. So I'm not done---I am retiring at the end of Sept after 42 years and am an employee (actually an independant contractor for tax purposes) for the new owner who has been in the practice for 14 years. The new owner wants me to leave the practice after (retire early) this week. The new owner (Pete) consulted his lawyer and the attorney thought I should be asked to leave, because of some kind of exposure? This is the first of any kind of incident that I have had like this in 42 years . I feel like no process has been followed. I don't want to leave; I want to see if Pete can see this from any different light and keep me. I am not interested in pursuing any wrongful termination. I would only want to stay only if this could be worked out. Mary is on vacation this week and is the kind of person that wouldn't even want to be in the same room with me at this point. It seems like a discussion with all parties involved should at least happen
I was a Division Vice President of Sales of two markets
Hi,I was a Division Vice President of Sales for one of two markets under one roof. Given high praises, great job conversations throughout the last two years. There was a quick decision last week, to go to one Division Vice President no documentation during a half year review conversation with my Division president . Currently now the sole VP was hired after me, 20 years younger and has less tenor by a year and half. The sole VP assumed responsibility of my staff and I was given a lower title without being asked to assume the role and keep my position, BUT at the same pay. I was told I would mirror the same position as another Division that being a "VP of Business Development and Value Added Team Manager. The company announcement came out today stating my new title of Business Development Manager. I feel demoralized, humiliated and unappreciated. Their are no gold watches in this world in business and I am truly thankful for the job I have, but is this legal, was this handled correctly? I am 51 years of age and have always tried to be fair through my years of management. Thank you for your time.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I am an LPN working with a 5 provider medical office in
I am an LPN working with a 5 provider medical office in Connecticut for the past 16 years. Recently, management sent the 4 nurses in our office an email stating that they were going to "share" the nurses with another MD who is not with our practice, but in a solo practice about 5 miles away. They are telling us that when he needs a nurse because his is out sick or on vacation that we will have to go and work at his office until she returns. I was not asked and have never agreed to work at any office other than the one I am stationed at. In addition, his hours are longer than my normal workday--I work 8am to 5pm and his hours are 830am to 730pm and this presents a hardship for me as my husband works 3rd shift and leaves for work at 730pm. My question is this: Can I refuse to work at another office on the grounds that I was not asked and this has never been part of my job, and the hours are outside of my normal hours. Is this legal? I will leave this job and find another one if I am force to do this. Also, if I am not given a choice, could I leave on these grounds and collect unemployment while I search for another position.
I have been working on a contract assignment 3+ years with a
I have been working on a contract assignment for over 3+ years with a company that is located in Pennsylvania. My assignment and only assignment has been with a company located in Wisconsin. I am physically living in Illinois though. My company does pay for travel, tolls, hotels, meals and such all related to travel. My question is I have been informed that the company would like to change business direction and change its focus from consulting to strictly application development. My current assignment will be ending end of July and normally it is the companies responsibility to search and find other assignments at other companies. Due to the change in business direction, I am being told I am out of job and for me to search on my own. I have also done application development as well in the past and asked if it would be possible to transition to a position within the company doing application development instead, but this does not seem to be a viable option or alternative that the company is looking to entertain. Since I am being terminated due to no fault of my own and more to due with change in company direction, should I be eligible for some type of compensation or severance pay since my job is being terminated and at this time providing nothing else further than July wages and any outstanding and accrued vacationJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: The employer is located in Pennsylvania. My contract assignment is with a company in WisconsinJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: They are requesting that I am signing also a document where they are mentioning that the cause of termination is loss of the contract with my current assignment and lack of work, when in fact that really is not the caseJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Re: Fired and told to sign Severance and Non-Solicitation
Re: Fired and told to sign Severance and Non-Solicitation agreement. 2 questions below:Two days ago I was fired w/ the excuse I didn't move to the Bay area "as agreed by July 1st" which is a total lie. Anyway, they fired me for this and immediately put two forms in front of my face with a pen. And said we need you to sign a few things. In hindsight was wasn't in my right mind in such a stressful situation. Additionally, I felt coerced to sign.Form #1: Non-Solicitation Agreement (title of form) says for ONE YEAR, employee shall not directly/indirectly in ANY capacity do the following 1) Solicit, cause or induce or attempt to solicit, cause or induce any employee, customer, distributor, supplier vendor, manufacturer, representative, agents, jobber or other person transacting business with the company or its affiliates to terminate their relationship or association with the company or its affiliates, or 2) solicit the services of any person who was employed by the company or its affiliates within the prior six months. Notwithstanding the foregoing, neither bona fide advertising to enroll students generally nor bona fida solicitations for general employment by successor employer of employee shall be deemed a breach of non-solicitation covenant above, regardless of whether Company students or employees respond to the advertisement or solicitation and are enrolled or hired by such employer.By your signature below you acknowledge that you have read and understand the Non-solicitation agreement that you agree to comply with all of the terms of the agreement.I wasn't given ANY consideration for this agreement and additionally how in the world can I work for a competitor with such limitations I wont' be able to even work for one year in the same industry.Form #2: Severance agreement that basically wipes away ALL my rights for ANYTHING. I received consideration for this one at 1/2 months pay or $3,100. Seems like a great deal for the employer to fire someone and avoid any claims for two weeks of pay. THey fired me for a totally silly reason. I never had an agreed upon day to move to the bay area. They paid another person in the bay area nearly $9K more annually than me with the same title and I was trying to negotiate a proper salary for moving to such a high cost of living area. The big question - why they paying other guy w/ less experience and same title $9K more than me but REFUSED to increase my pay.Questions: #1: I really wont to get out of the non-solicitation agreement. How do I do that? All competitors have the same customers, vendors, etc - I'll be jobless for 1 year with such an agreement.Question #2: I really think I need to revoke this severance within 7 days. two weeks pay seems like chump change for all I'm giving up. I'm thinking I could at least write them revoking it saying I need to revoke this to have time to seek counsel to review it. If I was given something more substantial I'd consider a severance.
In the state of Kansas, can an employer force employee to
In the state of Kansas, can an employer force employee to sign a 3 year non compete without offering any compensation or benefit? Have to sign by 9 am tomorrow or I'm suspended. Only worked with the company or 1 1/2 years and have no clients.
I own a business in the state of Maryland and red my first
I own a business in the state of Maryland and hired my first employee a sales person. She was not hitting her goals or working the required hours and completing the tasks assigned as required. We decided to put her on a Performance Improvement Plan which detailed the basis expectations of the job, a plan forward, and consequences for not performing. We offered 30 day period to see improvement. She said that she didn't think she would be able to meet these expectations and could not work the schedule we needed her to work as specified in her employment contract she agreed too at the beginning of employment. We gave her one week to give us an answer and she decided that she did not agree to the expectations and no longer wanted to continue employment. I told her this is fine and to provide me with her resignation letter. She then said ohh "I am not quitting you are firing me" and I need my pay stubs so I can apply for unemployment. I said no you are agreeing to not complete the expectations of your job and are such resigning. She obviously wants to claim unemployment and is working on a plan to apply. What should I do next as the employer? I don't want to keep her on just to fire her especially since sales are her job and she is costing me tons of money. She also is a Real Estate Agent for another brokerage and closed a Real Estate transaction on my designated work hours and used my company email for correspondences. I have proof of this would I be better off firing her for gross misconduct here or bringing the PIP up during the process?
Prior to my retirement end of Sept. 2015, I had asked myView more employment law questions
Hi Pearl, prior to my retirement end of Sept. 2015, I had asked my supervisor if there was the possibility of a severance package (due to the downturn of the economy) if I stayed on longer. He advised Service Managers do not get packages and I proceeded with my retirement process. Within 1 1/2 months after my retirement, I was advised one of my peers received a severance package. I am just protecting my rights and would like to know if I should investigate further?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Thank-youJA: Have you talked to a lawyer yet?Customer: I called a lawyer at Christmas time and he said he would get back to me, and have not heard back.JA: Anything else you think the lawyer should know?Customer: My manager prompted me to start looking at retirement and then I had additional meeting with manager once I found out the results. This was when I asked him about the possibility of a severance package.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.