Can a recruiter legally enforce an agreement they had me sign
Can a recruiter legally enforce an agreement they had me sign that says I must only be submiited to New York State contractor positions through his firm? I indicated that I wanted to terminate the agreement as he has done nothing as far as finding me position. In the meantime, I have other recruiters eager to represent me for some of these same positions. He has stated he will not release me from the agreement.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I have two questions: 1) Can an ex-employee claim for extra
I have two questions: 1) Can an ex-employee claim for extra working hours as overtime when employer verbally changed the working hour policy from 5days to 5 1/2days because of the business was continuously operating at losses? The changes impacted to several employees by reducing working hours, cutting down wages, or increasing working hours without pay. One employee who worked extra half day per week is now claiming overtime pay based on flat daily rate by dividing weekly salary into 5 working days. He was hired originally to work 5 days totaling 57.5/week as a chef at an agreed comparable pay rate. I understand that an employee can claim up to 2 years of back pay for overtime if he/she is covered. I am not sure if overtime rule applies to these agreed rate/hours employees. Our paystub does not breakdown between regular vs. overtime hours/rates for it's been same from the beginning of the business for all other chefs, 2) Can he claim for vacation pay for the years that we didn't offer? For the first 2 years of business we offered paid vacation for a full-time employee, who worked continuously more than 1 year, but the business has been incurring losses since 2007 and each year it got worse so that no vacation was given to anyone except the employee who is claiming for overtime. We paid him 1 week vacation last year because he had to travel for his family illness out of country. There is no written employment contract, and we have total of 5 employees for this company. Another business of mine is profitable and one week of paid vacation to all eligible full time employees is given. I understand that paid vacation is not mandatory. Can he claim for back pay for the years we didn't offer to anyone? Because of the financial distress, the company was going to shut down last year but we managed to survive one more year upon assumed employees' request. The lease is terminating this year end and no renewal is offered yet. The employee is well aware of the financial situation. He wanted to settle at a higher amount than I can afford otherwise wanted to seek for a legal action. If I have no chance to win I would rather seek for an agreeable settlement, but I am not sure if I have any merits to defend.
Please read my story and tell me I can get help somewhere.
Please read my story and tell me I can get help somewhere. Thank you.I have been a nurse at Shawnee Mission Med Cntr for 12 years. Float pool as a nurse for nine of those years including hospital house supervisor for two of those nine years. I have been in Home Health for an additional three years, two of those being Patient Care Supervisor. Stellar, unblemished employee file. Outstanding to strong yearly evaluations,selected to go to Boston this last spring to train in a new Home Health program. Given many above and beyond recognition's including one just last week and now terminated.My director has been under the gun due to budget reasons and her job is on the line.She sent in a $4300.00 dollar budget oversight to the hospital and blamed it on me.( see provided copy)She finalizes all employee pay structures, which is what this was about, and didn't share any details to this particular case, per her normal routine.It involved our evening nurse pay structure.Everyone involved thought this RN's “on call pay” was already included in her biweekly check and it was not, so she was back paid this $4300 dollar amount.The director wrote to the hospital,”Patient care supervisor failed to follow up with employee requiring about her on call pay during this period of time”.NOT TRUE. Only the director new of this employee's pay structure.I confronted her about it. She then changed it stating;( see provided copy) it was an administration error.The next day I went to HR to notify them I felt my job was threatened, unsecured,I was used as a scape goat for my directors error and that I wanted a transfer to another department.Two months later I was terminated for a common practice our office repeatedly practices daily.Allow me to explain.In nursing you never write an order that a Dr. doesn't give. That's common knowledge in nursing, but in Home health it is different. We operate on the premise that the Dr will sign the order in good faith due to patients being at home and the immediate need for action.My director has always taught,” patient care and safety comes first. We will worry about obtaining the order later.”I have witnesses that will come forward and testify to this practice.A patients family called my office 8/3/12 on a Friday evening at 5pm, desperate for help. The patients daughter stated her mom just came back from the hospital and they discovered they could not handle her at the house, it was to overwhelming for them. I told the daughter she would have to get through the weekend and that I would do my best to get a Social Worker out to the house Monday to help get her mom placed in a Skilled Nursing Facility. She thanked me for my effort. Monday morning came, the Social Worker arrived at the office and I told her of the situation. She said she could see the patient that afternoon on 8/6/12. I told her that would be great and that we are obtaining an order for it as we speak. I called the patient daughter and told her a Social Worker would be out there in the afternoon. She was very grateful. I then contacted the RN case manager and told her of the situation. She stated that she would contact the Dr. to obtain the order.In the mean time, I wrote the order for the SW consult to the cardiologist, believing, as normal, that the Dr. would OK the order, again a common practice in Home Health . Wednesday 8/8/12 came and I saw the RN case manager and inquired about the order. She stated that the Cardiologist would not sign for the order and told her to contact the Primary Care Dr. to obtain the order. So I marked my original order in error due to the fact the cardiologist would not sign it.The RN case manager then told me she had called the Primary Care Dr. twice since Monday with no response, which is normal with Dr.s offices, and by that afternoon the Dr. responded to her with an order for the SW. So we obtained the order. Again, a common practice in the agency. No harm done. There are many other instances where we write orders for various issues without the OK from the Dr. due to the emergency of the situation but I won't get into details on that at this point, but again, a common practice in Home Health.My director caught wind of this situation and determined this was her chance to terminate me.This order I wrote never did get sent out for signature. It was marked in error. Not that it mattered because we did obtain an order from the Dr. for a Social worker. I was fired for the fact that I sent a Social Worker to a patients house before obtaining the Dr. order.I have many people who will come forward to testify that this is a common practice at the agency and that we all were taught to do it this way. Patient care first.My director saw an opportunity to help her budget, to retaliate and terminate me because I confronted her about a employee's pay discrepancy, not for a performance reason.I feel my termination was petty,wrongful, unwarranted,discriminatory and retali
I live in North Carolina. I work in a textile manufacturing
I live in North Carolina. I work in a textile manufacturing company. I am paid salary and work 48 hours + per week with no over time pay. I do not supervise full time. I do not have any employee's working under me at all full or part time. I am a mechanic that repairs machines and also titled a fill in supervisor in which I do cover one weekend once in about every five to six week for 16 hours that weekend (56 hours on that weekend worked. ). I want to know according to the FLSA over time rules and laws should I be getting over time pay for hours I work over 40 hours a week? If you need more information let me know.
I am a business owner and hired a woman on March 1st to be
I am a business owner and hired a woman on March 1st to be my Director of Business Development. She quit at the end of last month and is refusing to talk to me to help sort through the business opportunities that she developed. Since she was working for my business those business opportunities belong to me but she thinks otherwise. I am not sure how to proceed on two points.1 - business opportunities created belong to me but how do I proceed since she won't talk to me. Is my next step having an attorney draft a notice to send?2 - should I make the salary payment for May as I would normally and treat the matter of the opportunities created as a separate issue to be pursued?
I recently resigned from a media publishing company that is
I recently resigned from a media publishing company that is refusing to pay my commission for the last month that I worked: March 1-March 23rd. They are saying that I have to work the entire month in order to receive my commissions, but no on told me that and I would have stayed another week in order to get the payment. They are saying when I signed my Compensation agreement, it says: "In the event that a plan participant's employment has been terminated, the plan participant shall be entitled to commissions earned on or before the termination date pursuant to this plan. The plan participant's employment will not be prorated for the last month of employment". I have been in this business for 28 years and this is the first time in 8 similar companies that they are not paying me up to and including March 23rd. I certainly would have stayed another week and started the new job later if I knew this was the case--and of course no one told me when I was giving my 2 weeks notice. Is there anything I can do here? I gave them full 2wk notice and even helped them with a major account after my employment was over as they needed my advice. thanks, Eleanor