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Recent Employment Contract questions

In construction (electrical contractors), if an employer

In construction (electrical contractors) , if an employer currently has only active jobs going, is he allowed to outsource part of the work to an independent electrician instead of having his hourly W2 employees work it? His W2 employees are capable of doing the work being outsourced. Instead they are sitting home and not being paid? This is in California.

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LawTalk

Attorney at Law

Juris Doctor

33,070 satisfied customers
I was written up and fired the day after I asked for a

I was written up and fired the day after I asked for a raise.I asked for a bump in pay because they tried to change my hours to 50+ per week when i had been working 40 for six months (M-F) They tried to bully me into signing a document stating that I would work nights and weekends too, as determined by the GM.When I refused to sign, they said I was resigning from my position. When I stated I was not resigning, I was told to leave the building immediately.Is this wrongful termination/retaliation?Thank you!

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Loren

Juris Doctor

37,154 satisfied customers
My wife reported a co-worker who was leaving her work

My wife reported a co-worker who was leaving her work station through out the day but was still charging her time while she was gone. As this continued, she noticed that the co-worker and another person in the office, how worked for another sub-contractor had become close friend and the both of them where leaving the office together for periods of time upto 30-45 minutes at a time.My wife was friends with both of these ladies but felt she needed to bring this activity to the attention of her supervisor, which she did.He asked her to keep track of this and let him know if it continued which it did and reported.The other young lady who works in the office actually works for the sub-contractor that I presently work for and am currently under suspension and investigation for sexual harassment.When my wife brought to my attention that the two ladies were leaving during working hours, I forwarded to my direct supervisor the finding my wife had made concerning the lady who worked for my company.Ironically, the lady who worked in the office with my wife that was employed with my company, her dad worked for the same company and he was one of my direct reports.He was just recently terminated from the company for amount other things falsification of time as well as company policy violate, which is as my understanding what sealed his fate.Some months prior to this, before the young lady who currently works for my company was hired, the lady who worked directly with my wife had become good friends and acquaintances with my wife.Being that my wife and I work for the same oil company under different sub-contractors I often stopped in the control room where she and the young lady worked and I would visit before heading out in the field. During this time I became acquainted with the young lady and felt as though we had become friends just as my wife. As many in that office, I would flirt and complement her on her appearance in the presence of my wife, to which she would always laugh and roll her eyes.At this point it is important to state that my wife and I have an op n relation of sorts, that is to say that we have had sexual encounters with other men and couples but never just a female.After having know this young lady for some time, my wife and I was curious if she would be interested in a threesome. My wife did send her a text message after working hour to which she responded that, while she was flattered and that she had been asked on several occasions, that wasn't really her thing and that she was involved with someone at the time. She did tell my wife the name of another mutual friend in the same office that she thought would be interested. With that response, the wife and I never pursued that activity any further.We did remain friends and I did still stop by the control room regularly. Because the young lady lived 1 1/2 hours away from the office and she did have a young child my wife and I invited her to come stay with us Friday evening and she could save the drive and the day care expense. Which she did and my daughter baby set Friday and Saturday for her.Where this takes a turn is at the beginning of my question where my wife brought to the attention of her supervisor the girls leaving the office.While we did ask the young lady if she was interested in a threesome, that was several months prior to the girls starting to leave the office and was never pursued and nothing more was ever discussed.Now that my wife has documented and brought those finding to her supervisor and the supervisor addressed them with the young lady and the young ladies new best friends dad was terminated she claims that she is uncomfortable and brought up the text message... Months after the fact.My wife was placed on suspension this past Friday and has now been told that they are going to terminate her employment, so she has asked to resign in leu.This Monday morning I was informed that I am not allowed con the clients property and I am under investigation and on suspension because the young lady said that she is all of the sudden uncomfortable around me.Interestingly enough, she wasn't uncomfortable when she brought her young daughter over for two days and the both of them spent the night at our home. And her reply to the text never said she was uncomfortable, but rather that she was flattered.The company that my wife worked for, her direct supervisor there at Wood Group is a long time, close personal friend with the young lady she documented leaving her work center to the supervisor of the client, Hess Corporation.I believe that my wife was retaliated against and now because of the friendship of the two young ladies and the termination of the other ladies dad I am being retaliated against as well.Can you give me any advise or refer me to someone who maybe be able to help in this situation. I know it's twisted but sexual harassment I think is a stretch when all that has happened here is my wife blew the whistle on two ladies leaving work during working hours and charging time for when they were gone.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I'm an Honduran citizen, I live in Medellin,Colombia and I

Good Morning,My name is***** and I'm an Honduran citizen, I live in Medellin,Colombia and I work for a US Company located in Boulder, Colorado and I'm having an issue with the company right now.I have a full time employment contract with the company since July 2015. On November 2015 they told me they were going to close the project I was working and that they will change my contract from a full time employment to an hourly contract. The project was closed and I continued doing work for the company and I continue receiving my full time employmente salary since my previous contract was never terminated by the company or by me.Las week on September 25, the company sent me an email saying that they made a mistake that they continued sending my full time employment salary since November and I was suppose to go on an hourly contract by that time and that they need that I sent the money back they sent me for this mistake. I don't have a termination letter of my full time employment contract and I never received a new hourly contract. On the 26/09/2016 I sent my resignation letter to the company and they didn't receive it.Also one more thing, I Don't have a US Working Visa, What Can I do?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I have an employment contract that expires today which

I have an employment contract that expires today which states: 'Employee will be eligible for a retention bonus of Thirteen thousand dollars ($13,000.00) if Employee executes Duties while remaining employed with the Company through the Term of the Agreement.'My employer has offered me a new contract.Should I be paid the bonus?

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Infolawyer

Attorney

Juris Doctor.

37,622 satisfied customers
I completed an application for employment in Connecticut. I

I completed an application for employment in Connecticut. I received my signed offer letter. The only requirement was a background check. Can they now also conduct a drug screening or are they not allowed to?

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ScottyMacEsq

Doctoral Degree

22,700 satisfied customers
I am actively looking for a new job as Software Developer

I am actively looking for a new job as Software Developer because i am not satisfied in my current employer company . Please clarify on below :(1) If i accept a job offer by signing it with other docs with the condition to join new company after 10 days and in between of these 10 days if i get some other better job offer from another company , then can i not join the first company by saying that i have better offer and i have accepted that now ? Is there any problem just because i already have accepted the offer of first company by signing the offer letter ?(2) What should i see in Medical , dental & vision insurance of new employer before accepting the offer or it does not matter much ?(3) What is non-compete agreement and how does it affect me as an employee ?

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Ray

Lawyer

Doctoral Degree

35,860 satisfied customers
I work for a small company..I have been on a medical

I work for a small company..I have been on a medical disability for 4.5 months ( my current return to work date is Dec 1)..the office manager told me that if I do not return to work by Sept 30, I MIGHT lose my medical insurance, but cannot tell me for sure, and does not know who can tell me for sure.. I really need to know..

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TJ, Esq.

Juris Doctor (JD)

10,876 satisfied customers
After 9+ years of employment at the FL Managed Care company

After 9+ years of employment at the FL Managed Care company I work for I was informed in June 2016 that my position of VP, Sales, Marketing and Business Development was being eliminated and they were moving my team under new leadership. The person who took over my team began her employment around February/March 2016. Shortly after coming on board she met with me and a colleague at a lunch meeting at which time she said that “she wanted to call the elephant out in the room that I was unhappy about her taking over my team.” I had no idea what she was talking about, and when we got back to the office, she immediately made a call to someone and then came in my office to apologize and then went to apologize to my colleague. A few months later during a one-on-one with my boss, I was informed that he made a business decision to move my team to this same person, but that they found another VP role for me in the organization that would keep me whole financially working for corporate as VP of Account Management. After weighing my options of exploring a severance package which was mentioned as the outcome if I did not accept the new role, but never shown to me, I met with the new leadership team of the proposed division and decided to pass up on any outside opportunities that were available, and severance, and decided to accept the new role. This new position was announced publicly around the first week of July. I was then informed by my new boss that because of budgetary reasons I would have to remain on the current health plan's payroll until the new division absorbed me on August 1st. I was also informed to begin working with the new team effective immediately during the first week of July during the transition time. Over the next several weeks I worked on several business proposals, met with my new counterparts at our corporate office, and even worked an event on behalf of the new division after the August 1 date. At which time I formally introduced my new role to one of the largest provider groups in the state whom I had worked with for many years. Around August 20th I noticed that the official transition never took place in our corporate systems, so I asked the CEO if he knew why it hadn't occurred yet. He said he didn't but would look into it. The very next day I was called into his office where he informed me that prior to being transitioned into the position, unfortunately, corporate eliminated the position I had accepted, was announced in, and was working for since the first week of July. I was then informed that I have until October 3, 2016, to secure another role in the company, or they would let me go with a severance package. The package that was offered was 27 weeks of pay (current salary $145k) and that they would vest the stock grants I have been given that are due to vest in December 2016 (worth approx. $35k) so long as I sign the severance agreement that they will not let me see until October 3rd. I was also informed that the 1,000+ (worth approx. $70k today) shares of outstanding stock grants I was given over the last two years that are due to vest in December of 2017 & 2018 would be forfeited. I also have a non-compete associated with the grants in which they are not willing to waive.Shortly after learning the new role was eliminated before I was even officially transitioned into it corporate HR emailed me several positions they felt I was qualified for (all lesser titles (i.e. Director level) and only one that was in the state in which I live (Florida). I applied for the Florida role and have been offered the position but at lower pay even though my current salary is still within the range of the position (As of now I have not accepted or declined the job). I also want to note that when I was promoted to VP, Sales, Marketing and Business Development, I did not have a college degree and was encouraged to go back to college to obtain a Bachelor's degree when I was offered the role in 2014. During the past two years, I went back to college and just recently completed my Associates and am supposed to be moving into the Bachelor's program in October. During my 9+ years at the company I had always received good performance appraisals and have several examples of successes recognized by Sr level staff leading all the way to that date in June when I was forced out. I even received approval of my 2016 business plan which was showing strong positive results. Bot***** *****ne is that I believe there has been negligence and that now my reputation is in jeopardy given how I will no longer being with the company after such a short time in the new role that was pulled out from under me, or if I take a lesser position in the enterprise. I was completely misled by my company and am still being asked to perform work duties of the new position that was eliminated. My question is do I have a strong legal legal case where I could expect to greatly benefit financially from given the circumstances? Or what do you recommend?

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Asad Rahman

Attorney

J.D.

3,192 satisfied customers
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