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Recent Outsourcing questions

I work for an outsourcing company that is supporting another

I work for an outsourcing company that is supporting another company's IT. My job is working with Legal, security and HR and providing them either active copies of mail files for their review or coordinating historical restores. As part of my processing of the mail files I run a couple of agents, one to remove encryption on documents and one to remove return receipts. I recently had a situations where there were a number of documents that the return receipt marking wouldn't remove. I did everything I could but no go. I notified the request the database was ready for their review. A couple of things to note, this file was a little outside the norm as because the file is in a different country I couldn't put the file onto a US server that is dedicated and for the most part isolated. So this file, though a different copy of the production file is on a production system different from the production server and the access to the database is limited, which is normal.Once the investigator access the file ad did whatever the investigator does, some how, the production owner was bcc'd on an email forwarded form the copied database and sent and email in response to the investigator.When this happened they contacted me to ask if I'd followed the process and I explained that I did but there were seemingly some ghost documents that nothing I could do would remove the return receipt setting. They asked me to remove, from the production mail file the documents from the investigator. I took a snapshot and asked if these two documents were what they wanted removed and they confirmed so I did. I didn't do an in-depth analysis at that time, but I did mention that it didn't look like the document was a return receipt.It was left after that phone call that I would contact the vendor of the product and get their information on these document types and if they could have generated a return receipt and how could the owner have been bcc'd.A day later something hit the fan and I was removed from the environment. My manager explained that they were too emotional this this time and it was only temporary but I was still to continue working on the root cause. With what I information I had I got a number answers and all state the documents in questions could not have generated a return receipt. That a return receipt would never put a name in the bcc field, that would have to be done purposefully.At this point I've been removed for over a week and there is a rumor that I'm no longer not he accountMy expectation is that while they won't fire me for cause I will get layed off.My concern with this is that since this is being handled, in my opinion, very poorly that some how I'm at risk of some sort to court action, if not now in the future.Let me know what you think.

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Phillips Esq.

Attorney

Juris Doctor

17,882 satisfied customers
If Union takes dues plus working dues and it's members that

If Union takes dues plus working dues and it's members that they do not receive a pension or have rights to a pension, they only receive rep representation. Is this true and nothing in the by law's about it. It was just that their members for that site, they're represents voted to discontinued it with the employer with a old contract, but when paying dues, to a local union give in they dues some sort of pension in they dues plus they also take it out in working dues? Also if you're layoff they're not going to help you seek another job, doesn't seem to have any rights as a member of this union, because I have been told it's to keep employees inline. Which this union has a contact with a contractor that's managed it's site of a customer and plus it's other employees which really works directly for them. It's seems that we all are being taken advantage of being in a union, without being able to be represented fairly. I believe we need outside help , that should look into this matter, because it a lot of money being taken from it members and a advantage for an employer, which is outsourcing it's site, to another company, but receiving all the befits of control of a union. They're employees which they have from the union also, they're working directly for there company. Shouldn't we have some benefit of this union in some form of a pension? It's noticeable a difference that a union would sell this in a contract to do away with a pension for the employer and still take working dues?

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Infolawyer

Attorney

Juris Doctor.

37,278 satisfied customers
When I started working at my prior employer, they made me

When I started working at my prior employer, they made me sign a Confidentiality & Policy agreement which included a non-compete clause stated below. Would this prevent me from working for one of their clients directly as an employee? I was employed with IMS for 7 years and left about a month ago. One of their clients has offered me a position. The agreement below with IMS was not part of a contract, and I was an at will employee.Agreement Not to Compete. During the term of my employment with IMS, I agree I will not, without prior written consent of IMS, manage, operate, join, control or participate in the ownership, management, operation or control of or engage in any business or perform any service directly or indirectly in competition, anywhere in the United States or Canada, with the products and services or the IMS Companies, or have any direct or indirect interest, whether as a proprietor, partner, director, officer, employee, creditor, stockholder, consultant or in any other capacity whatsoever, in any enterprise in competition, anywhere in the United States or Canada, with the products and services of the IMS Companies. Ownership by me of less than two percent (2%) of the issued and outstanding shares of capital stock of any company listed on a national securities exchange or quoted by the National Association of Securities Dealers Automated Quotation System shall not be deemed to be competitive hereunder. The terms set forth in the paragraph shall remain in effect after termination of this Agreement in accordance with the following: (1) is my term of employment with IMS is less than ninety days, my agreement not to compete shall survive termination for a period of six months, and (2) if my term of employment with IMS is ninety days or more, my agreement not to compete shall survive termination for a period of twelve months. In the event I enter into an agreement with an IMS Company subsequent to the date below, which agreement restricts me from competing with one or more of the IMS Company (the “Subsequent Agreement”), the Subsequent Agreement shall control over the terms of this Paragraph to the extent there is any difference in the terms of the respective agreements.

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John

Attorney

Doctoral Degree

7,472 satisfied customers
Not sure I have a legal issue. I feel leadership wants me to

hi, not sure I have a legal issue. I feel leadership wants me to quit. They have taken all authority from me. abolished my unit, outsourced my team, told me I had a new job within the organization, but within weeks they changed their mind. I am a sr. director and am not invited to sr. leadership meetings and they have now contracted someone to help me with my work. I have been at the organization for 12 years, had stellar evals. so do you think I have a legal caseJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: i work in Alexandria virginiaJA: Have you talked to a lawyer yet?Customer: no, trying to decide what to doJA: Anything else you think the lawyer should know?Customer: i work at a non-profit association. we have all new executive leadership. there have been approximately 8-12 women that have been either made to resign, been fired, or have had their positions eliminated. Most of these people are women, women of color and are 50+ years old. I am a woman of colorJA: 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.

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TJ, Esq.

Juris Doctor (JD)

10,574 satisfied customers
I recently retired on 3/31/2016 and enrolled pension

I recently retired on 3/31/2016 and enrolled for my pension benefits on 3/23/216. Our pensions were froze in 2012 and the benefits calculated at that time. My benefits were complex to calculate because I was outsourced in January 2005 through March of 2009. I had also briefly retired in 2007 and had received 24 pension payments before being rehired by my original employer including prior years of service. Principal is the administrator of the pension fund and for some reason cannot seem to calculate the pension benefit correctly. They have worked on it for 4 years and I received numerous pension statements but never the same amounts twice. The statement from 3/15/2016 was used when I enrolled for my pension benefit and I was assured by my employer and Principal that the amounts were finally correct. I have been retired for almost two months now and have yet to receive a distribution. I received a call from Principal in late April and they told me that again they have not calculated the benefit correctly and I am looking at a $360 monthly reduction from what they promised me. My employer is working with them to verify the calculations and last week I was informed that more errors were made and the monthly amount is likely to be reduced again. This is totally unacceptable to me as I have made economic decisions based on the monthly amount that I was assured was accurate. Is there any legal recourse for me to hold them to their original promised amount. I still do not know what the most recent calculated amount is for my benefit. I'm guessing it will be close to a $500 a month reduction which is $6,000 yearly.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,502 satisfied customers
I was recently terminated by my employer for

I was recently terminated by my employer for underperformance. There was no allegation of the termination being “for cause”. I am close to retirement age, and had been with the company for over ten years, so for some purposes, the “Separation Agreement” provided some retirement-like benefits. I was employed in New York, and I reside in New Jersey. My former employer is a large firm with several thousand employees.My last day of work was April 1, 2016, and I remained on the company's health insurance plan through the end of April.My former employer had a Flexible Spending Account (FSA). I participated in in to the maximum permitted annual amount, $2,550. As of my last day of work I had already contributed $638 into the flexible spending account. I had incurred unreimbursed in January through April, probably several thousand dollar, but I'm still awaiting the “explanation of benefits” from the health insurance company. I have not yet submitted any of the claims to the FSA administrator since I am awaiting the health insurer's explanations of benefits. Documentation given to me by my former employer upon my termination says that I have until April 2017 to submit such claims.My former employer outsources administration of the health care benefits to a benefits outsource firm (AonHewit), and the FSA administration to another firm ("YourSpendingAccount"?). The benefits administrator's web site tracks the amount of available funds in the FSA, and provides a link to get to the FSA administrator's web site to submit claims. Two days ago, the balance in my account per the benefit administrator's web site “disappeared”. Thus far I've spent nearly five hours on the telephone with them trying to find out what is going on. Over the course of two days I've been transferred back and forth between representatives of the benefits administrator and the FSA administrator. The benefits administrator can only tell me there was a transaction that took the money out of my account, but cannot tell me who did it, why they did it, or where the money went. The FSA administrator believes that the benefits administrator transferred the money from the FSA account to a retirement FSA account run by yet another firm. However, no one can tell me who that firm is, or how I submit claims to them. The FSA administrator representative also believes the benefits administrator did it by charging a credit card in my name associated with the FSA (the FSA administrator provides a credit card as a way to tap into the funds more directly than submitting claims). I personally never used or even activated the card, and certainly never authorized its use. Moreover, according to the FSA administrator the benefits administrator did this by trying to charge my card $99,999.99. Fortunately, the card limit is the $2,550 FSA participation amount, but it is disconcerting that they did this.Both the benefits administrator and the FSA administrator have “investigations” in place, but say it could take 1-2 weeks to conclude the investigations. In the meantime I need to make "continuation of benefits elections" by June 1. Complicating the June 1 date is the fact I'm taking an overseas trip starting May 23, and may not have access to the web site on which I need to make the elections.One of the many representatives I spoke to said I need to make an election to continue to contribute “after-tax” dollars to the FSA account for the rest of 2016, otherwise I will lose anything I've already put in this year. This doesn't sound right to me. My understanding of how the FSA accounts work is that I can submit claims incurred through my last day of work, and be reimbursed up to the full $2,550 participation level.I presume that the administration of Flexible Spending Accounts are governed by regulations. It would be helpful to me in dealing with the two administrators, as well my former employer, if I knew to what I am actually entitled to under ERISA, IRS, and any other regulations and rules. My questions are, under such regulations:• Do I need to elect to participate in the FSA on an after-tax basis for the rest of this year in order to get anything back out?• If the answer that the question above is no, am I entitled to just the $638 I put in, or can I submit claims of up to $2,550, as long as the expenses were incurred prior to my last day of work?• Is there anything I can do to force the administrators and my former employer to do to expedite resolving what is going on?• Are there any regulatory authorities I can make a complaint to about all of this (including the unauthorized use of my FSA credit card)?• Is there anything else I should be aware of to protect my position?Thank you

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,502 satisfied customers
I was working as a permanent employee non-profit for

I was working as a permanent employee for a non-profit for six years. I got sick and went on disability. Few days back I received a job termination letter from my employer that my job has been outsourced.What are my options now?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,816 satisfied customers
I'm on a H1B visa, and my questions are - 1. I know I

I'm on a H1B visa, and my questions are -1. I know I can open a company but not work for it, so, If I founded a Delaware based LLC as a 100% owner, Can I outsource work from a US client to a foreign company and receive payments from that US client for the work (essentially acting as a middleman and taking profits)?2. Would it help if my brother (currently on F1) was a 50% partner?Thank you!

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,502 satisfied customers
My severance agreement contains a clause restricting

My severance agreement contains a clause restricting employee discussing business affairs, management techniques, administrative procedures, etc under threat of damages (actual and punitive). Is this reasonable? That is, I cannot mention my layoff procedures/transition/outsourcing and such?

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ScottyMacEsq

Doctoral Degree

22,504 satisfied customers
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