I am a participant in my employers profit sharing plan. I am
I am a participant in my employers profit sharing plan. I am paid an annual salary plus an annual commission which is a flat percentage of revenue I bring in to the business. Each year my employer deducts the amount he contributed to my profit sharing from the total commission I am due. For example if my commission is 40k this year and he contributed 10k to my profit sharing then he will only pay me 30k in commission. Is this legal? I am the only employee who receives a commission (I am the only employee who generates revenue besides the owner). All other employees receive profit sharing without any deduction to their salary.
I have a situation at work. I am a "partner" in a smaller
I have a situation at work. I am a "partner" in a smaller company. Partner is in quotes, because technically I am an employee, but I get a profit share upon sale or retirement. I am also one of the three upper management persons.We have a female employee that has taken this week off, and provided a photo of a doctors note for next week off as well. My boss (the actual owner of the company) asked for clarification of why she needed to be out, and what was happening. This time off would take her to 40 days of PAID time off this year, she has missed a ton of work, not including the half days we let her take to attend her kids functions.This all seemed very fishy, so we reviewed her emails and messages, and in fact she is not sick, she is interviewing for new jobs, talking poorly about the company and mentioned to her husband in a message she was going to a Victims Advocacy Group and Dr. to see what could be done about my boss "being mean to her" and "embarassing her." Basically she got yelled at for not doing her job and having a bad attitude. I do not necessarily agree with how my boss handles employees, but at no point did she complain to anyone about her treatment there, including to our director of HR. Also in her messages is quite a bit of talk about her going to purchase drugs on her lunch break, and how she can't pass a drug screen if her new job would require one.Basically my question is what would she need in order to have a case against our company as a "hostile work environment"
I'm 57 yrs old & have worked for Wells Fargo Home Mortgage
I'm 57 yrs old & have worked for Wells Fargo Home Mortgage for 26 yrs, part-time evenings. I work 3 evenings, a total of 21 hrs/week. I have full benefits (i.e. 401k match, vacation, profit share, full medical). Along with my base salary, I receive 15% shift differential. I am also eligible for severance pay, which is capped at 25 yrs of service at 16 mths. Approx mid-July, we were informed that the dept will no longer exist, therefore, we are being transitioned into a 40 hr week, Mon-Fri. The position is considered lateral, but is an entry-level data entry position. We currently are titled as Loan Originators & duties included processing, closing, & underwriting duties. We also assisted with borrower's questions and/or concerns regarding their loan process. Shouldn't they have offered us a choice between displacement with severance and continued employment, since the work schedule & position are totally different?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Minnesota.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Of the 8 people affected by this, 3 are 55+ & have 25+ yrs service.
What are some steps I can take to encourage my former
What are some steps I can take to encourage my former employer to pay me my profit sharing. I've filled out all paperwork requesting payment. They told me "the checks in the mail" for 6 weeks now. What are the next steps I can take?
I have filed due to a layoff in Texas and have not received
I have filed for unemployment due to a layoff in Texas and have not received a pJA: Have you talked to a lawyer yet?Customer: No, my question is I have received a lump sum profit sharing payment from a base period employer will this reduce any unemployment payments I receive. I have not received any unemployment benefits yetJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Anything else you think the lawyer should know?Customer: NoJA: 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.
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?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
If an individual (or even pair of individuals) owns a
If an individual (or even pair of individuals) owns a business entity, such as an LLC, that owns a medical clinic/facility (w/equipment and everything including the responsibility of paying staff/etc apart from the physicians/clinicians) wants to guarantee they are able to work at the clinic performing some specified administrative tasks for an agreed upon salary, can they contractually oblige the physician(s) who own another business entity (such as a PLLP/etc - through which billing for actual medical services operates) to retain them as employees at a particular minimum salary for a set amount of time (e.g. 2 years)?I ask this because it is important for someone who is willing to run the administrative/facility/staffing aspect of such an enterprise while also putting in the capital required to start it to be able to ensure that they will receive a "return on investment" (although they are not allowed to invest in the business entity that is legally providing the professional services and owned by clinicians who are making their own independent medically-appropriate decisions for patients).We understand that you cannot be a partner in the business that bills patients, but is it possible to have the clinical business entity agree to pay you X amount for X length of time? If not, or even if so, would it be wiser to have the clinical business entity to agree to pay the business entity owning/maintaining the facility a particular amount that is inclusive of what said individual would require (and be paid indirectly by the non-clinical entity's revenue received by the clinical entity for its services)? It is my understanding that you cannot profit-share in a direct form or fashion with clinical practitioners, but a set agreed-upon salary/pay structure would not be profit-sharing.If the clinic did not earn enough to be able to pay the physician and those "guaranteed" a salary at the very beginning, I assume that such lost income could be back-paid with future earnings? Is there any way to contractually oblige the clinical business entity to increase its payments to the non-clinical entity (which are based on standard operating expenditures) in proportion to the clinical entity's profits, or would that be considered the "corporate practice of medicine"? (e.g. could bonuses be paid to an office manager in charge of marketing and building client base in an agreed upon manner that is directly proportional to income generated from the clinical practice, or would bonuses constitute profit sharing no matter how they were described in the contract - be it "performance-based" or any other terminology)Thanks for your assistance! *** This is pertaining to Texas ***
I signed a non compete and I'm wanting to leave my employer
I signed a non compete and I'm wanting to leave my employer and start my own business in the same field. The non compete doesn't give an area limitation and the time period to not compete is worded;5) In the event that EMPLOYEE shall breach the provisions of Paragraph 6, the periods of restriction against competition shall be deemed to commence from the date EMPLOYEE is enjoined from so competing, or ceases to so compete, whichever date is later.6) EMPLOYEE acknowledges and agrees that breach of this agreement by him/her in any manner will interfere with and otherwise jeopardize the business of EMPLOYER, and that EMPLOYEE will not give to any other person or firm the benefit or advantage of any policies, clients, methods or forms, trade secrets, or the knowledge and information acquired by EMPLOYEE while employed by EMPLOYER.Do I have any leg to stand on?
I am a salaried employee and regularly am asked or mandated
I am a salaried employee and regularly am asked or mandated to work over the standard 40 hour week. Recently I needed to take 12 hours off for a family emergency. During that time I responded to emails and phone calls, I was just not at my desk. I've been asked to enter a vacation request to account for those two days. Yet - I worked all the following weekend on a project in order to meet deadline. I thought that salaried employees were not required to report short time off as vacation.