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Recent Outsourcing 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

33,100 satisfied customers
I have a question regarding my current employment where I

hello I have a question regarding my current employment where I learned from the meeting invite which my boss shared with the VP that he is trying to lay off me with my salary information. Can I sue him for that?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: my job is based out of CTJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: I just need to know if this is a law suit or not if anything can be done

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Infolawyer

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Juris Doctor.

37,638 satisfied customers
1) I work in Michigan. My employer outsourced our FMLA to a

1) I work in Michigan. My employer outsourced our FMLA to a company called Morning Star. They over see the approval for all FMLA. Every time i have to certify they try to get my doctor to reduce the amount of time she has put down. What is the law on this. Do they have the right to do this ? I talked to a legal group that said that if they don't like my doctors prognoses that they have to set up an appointment for me to see there doctor. If that doesn't satisfy both parties then a third and neutral doctors findings are binding.2) This last time I certified, they denied my fmla and sighted 4 things that were they didn't like on my paper work. the only thing that changed this time was my doctor was giving more time off. I can understand that they wanted clarification as to why more time. They signed off on the other 3 areas in question on many other certifications. Doesn't this set a president. How can they legally ask me to change something that they previously OKed.Thank you for any advice

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I have an odd situation. I currently am employed by company

Hello,I have an odd situation. I currently am employed by company ABC. Company ABC provides outsourced services for company XYZ. Company XYZ has recently announced it is discontinuing the contract with company ABC.I am a member of their Senior "key management" team, but am under no specific contract restrictions.The client, company XYZ, has offered to pay bonuses to company ABC during the contract termination for company XYZ NOT to offer us alternative employment after the contract ends. This is due to company XYZ wanting to hire all employees and Senior Leadership to work directly for company XYZ without having competition of offers or loss of key management personnel.Can my company, ABC, really prevent me from being hired into a like/similar or vacant position internally so that I have to entertain an offer of employment from company XYZ? It doesn't seem fair to me. (Although may be perfectly legit, I'm just not sure)Kurtis

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
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

18,350 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.

37,638 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

7,562 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)

10,876 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

108,174 satisfied customers
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