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We are a business that hires drivers to operate vehicles

We are a business that hires drivers to operate vehicles used to transport patients from their homes to clinics, doctor offices etc.JA: Have you documented this or discussed it with HR?Customer: If we look to hire a driver who we find out after one day of training, speeds and disobeys traffic laws can we recind our offer to hireJA: Is the employment agreement "at will," union, full time or part time?Customer: It was for a FT position and being in NYState we are At Will I believeJA: Anything else you want the lawyer to know before I connect you?Customer: Let me think So this driver was put on the road with a trainer for one day and also refused to listen to his guidance. What is the procedure to rescind offer. We plan to pay her for that day thx

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LawTalk

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Juris Doctor

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Second opinion] I had a question regarding non-competes.

Second opinion] Hello, I had a question regarding non-competes. PhysAssist, the scribe company that I just finished online training for (no work on the field yet) has made me sign a noncompete at the end of training. They pay min wage and recent events have made me unable to have reliable transportation there. I have just been called back for an interview with a private company at a hospital for a scribing position at $17/hr with reliable transportation. I would like to leave the first job and go to this higher paying job for my financial needs and for reliable transportation. I asked the HR generalist at the first scribing company and she said that the legal team there told her they would allow me to work simultaneous jobs, but I cannot leave this job and work at the other place. But the contract says “While I am employed by Employer and for a period of two (2) years following termination thereof, whether by my self or Employer, for whatever reason and whether for cause or without cause.” So, wouldn't allowing me to work both positions simultaneously make this part of the employee contract void? I have attached the full non compete portion of the contract to this thread.Also, since the HR generalist already knows that I am looking to leave to another scribing position, does that pose a big risk on my part regarding whether PhysAssist can "come after me"? If they do come after me, what would be the repercussions?JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: PennsylvaniaJA: Has anything been filed or reported?Customer: I have not reported anything, but I have talked to my HR generalist whether I could leave the company

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RobertJDFL

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Juris Doctorate

15,348 satisfied customers
I had a question regarding noncompetes. The scribe company

Hello, I had a question regarding noncompetes. The scribe company that I just finished online training for (no work on the field yet) has made me sign a noncompete at the end of training. They pay min wage and recent events have made me unable to have reliable transportation there. I have just been called back for an interview with a private company at a hospital for a scribing position at $17/hr with reliable transportation. I would like to leave the first job and go to this higher paying job for financial needs and for reliable transportation. I asked the HR generalist at the first scribing company and she said that legal told her they would allow me to work simultaneous jobs, but I cannot leave this job and work at the other place. But the contract says “While I am employed by Employer and for a period of two (2) years following termination thereof, whether by my self or Employer, for whatever reason and whether for cause or without cause.” So wouldn't allowing me to work both positions simultaneously make this part of the employee contract void?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PennsylvaniaJA: Has anything been filed or reported?Customer: I have not reported anything, but I have talked to my HR generalist whether I could leave the companyJA: Anything else you want the lawyer to know before I connect you?Customer: No.

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40,204 satisfied customers
Investigatory interview by site manager regarding the

Investigatory interview by site manager regarding the complaint by a fellow teacher that a written threat was made by the department head. this act was proven false and unsupported. Is there a cause for slander?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaJA: Has anything been filed or reported?Customer: The principal conducted an investigation into the complaint and a union rep. was present during the process.JA: Anything else you want the lawyer to know before I connect you?Customer: The "threat" was an email announcing a denial of FAPE report was going to the CDE.

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Patrick, Esq.

Doctoral Degree

20,722 satisfied customers
I am supposed to have a scheduled interview for a part-time

HelloJA: Hello. How can we help?Customer: I am supposed to have a scheduled interview for a part-time esl jobJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: On Friday it was scheduled & the person who did that sent an email to the person who is to interview me & in response to that, the second person wrote some inflammatory remarks I'm in NJJA: Has anything been filed or reported?Customer: May I write the comments hereJA: Anything else you want the lawyer to know before I connect you?Customer: It is the comments & they have not even seen me yet

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Patrick, Esq.

Doctoral Degree

20,722 satisfied customers
We wanted to hire a dentist to take care of specific

We wanted to hire a dentist to take care of specific services and did the working interview. Since he is doing only some specific work and only working just 1 day a week, he wanted us to classify him as independent contractor and gave us W9. After the working interview he worked one more day and told us he is not coming to us anymore without taking care of the patients scheduled for him two days after that. Since he cancelled in last minute we incurred loss and due to that we did not want to pay him for the days he worked. Now he filed a claim with Labor Department saying he did not get paid for those two days and asking for that two day pay and additional 30 day payment penalty. We want to respond to the department saying he is an independent contractor and explaining the reasons for not paying him. However we are worried if they question us about the classification as an ind contractor Vs an employee. He was scheduled to work only 1 day a week, so even if we go by penalty law considering him as an employee as per the calculations in Dept of Labor 1 day per week which is 8 hours per week which is 8hrs for 5 days, so per day 1.6 hours and 30 days 48 hours. We will end up paying for 48 hours which is 6 days as penalty.Per the calculations in this website.http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htmBut if we go in the independent contractor route then we are not answerable and if any issues, we would have to deal in the court. We don't have any written contract. I prefer to go in the independent contractor route because I wouldn't have to pay anything unless it goes to court. My only concern with this is only if they question the classification which is very "ambiguous".. more than that if they would order to review all of our records to see if anyone else was classified incorrectly which may lead to bigger problem. So my questions are 1. What is the better way to deal with this? Going in Ind Contractor route or Employee route?2. In such situations, Would they order to review all our previous records? Is it the same Department or some other department that deals with this? In IRS website it clearly says Dentists can be hired as ind contractors. As you know this is a big ambiguous area.. thinking if we are we are leading to bigger problem.https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined3. Since we did not have anything in writing of what we are going to pay him for those days, can we say we agreed to pay him on percentage basis on the collections and come up with smaller amount?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,354 satisfied customers
I am a Student assistant PCA for a 5th grader at a school in

I am a Student assistant PCA for a 5th grader at a school in Pennsylvania I received a letter today that there is going to be a loudermill hearing this coming WedJA: Because education law varies from place to place, can you tell me what state this is in?Customer: PaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time . Not at will.JA: Anything else you want the lawyer to know before I connect you?Customer: My student has autism. I have made a couple of mistakes

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Patrick, Esq.

Doctoral Degree

20,722 satisfied customers
I work for a MA-based software contracting company, and I

I work for a MA-based software contracting company, and I have for five years. In my contract, there is a noncompete clause that states, that an employee, for two years from leaving, "shall not provide services, including but not limited to marketing, computer programming, sales, or product promotion or development as an employee, stockholder, partner, co-venturer, independent contractor, or otherwise, anywhere in the world, on behalf of any corporation engaged in direct competition, developing products or services competitive with those of the corporation, which at any time during employee's employment with the Corporation was a customer, partner, vendor, or supplier of the corporation, or for whom employee performed services, nor shall employee engaged in activities on his/her own behalf."In 2013, a tech firm hired us to develop a product for an automanufacturing company. I developed this product for the tech firm who then gave all rights for the product to the automanufacturing company. I have received a job offer to develop software from the California-based automanufacturing company -- does this violate my noncompete class? In the interview process, I did not tell them who has contracted me as I have signed NDAs for all my projects.

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John

Attorney

Doctoral Degree

9,684 satisfied customers
I've been working at the same job for 2 years. When I was

Hi, I've been working at the same job for 2 years. When I was interviewed I was never asked about a criminal background. However, after 2 years my company decided to start doing random background checks and my record showed up. Can they legally fire me?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GAJA: Has anything been filed or reported?Customer: What do you mean? I received a letter from a company that said the did the background check and are sending the results to my company.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,354 satisfied customers
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