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.
I have a question related to salary changes after
I have a question related to salary changes after employment. I accepted a Sr. Management (Level 3) position with a Fortune 500 company. Part of my job offer denoted a annual salary and a monthly fixed bonus of 10.25%. This letter did not indicate any stipulations on the fixed bonus as it was provided to all employees. After two years of employment with the company we just received a change in compensation. The change was the removal of the fixed bonus in lieu of an incentive bonus based on company performance. All levels 5 and higher received a salary adjustment (increase) equivalent to their fixed bonus (which would now be considered their salary). Levels 3 and 4 would have an advance for the year of the fixed bonus (as part of the transition) for 2016 but this bonus will be eliminated going forward in 2017. Based on company performance and some other metrics which are completely subjective in 2017 if we were awarded an incentive bonus greater than the fixed bonus we will get the difference. However if the company did not meet the metrics and we were not rated high (subjectively) and were awarded a lower than fixed bonus amount we would not get anything and in 2017 we would no longer have a fixed bonus for the entire year and will have to wait to 2018 to see if the company does well. This year the company I work with had 4.5B in profits and has a strong balance sheet. My question is if they included the fixed bonus into the salary for levels 5 and higher why did they not do the same with levels 3 & 4. Based on the new metrics I am slated to possibly take a $20,000 pay cut in 2017. I did not agree to this pay cut and find the new arrangements totally discriminatory for only 2 levels of employment in a company that has record profits. Can you provide some advice as to whether I should file a formal complaint regarding this situation.
I am an agent office company 20 years and now they want to
I am an agent office for this company for over 20 years and now they want to tack on an non-activity fee to the residuals I receive. On the accounts that I set up on a profit sharing program, I gets a certain percentage after all the costs are deducted. I am fine with that. It is fair compensation for the risk I took for working without any regular paycheck. I was to be compensated for as long as the client still used our services. Granted I have not submitted new accounts for a long period of time, there is/ was no quota, but I submitted to them proof I am servicing the customers I set up financial by providing free paper supplies and new equipment (out of my pocket $1500.00 year) and consulting wise and I am looking for more prospects. Not only that, I purchased the equipment from them so they did make some money on my purchase. They use the key word as "engageing" . I have health issues and in constant pain and can not drive to potential prospects anymore. Also I am in a rural community where there is not many potential business prospects. There are many agents across the country. Many are active but many others have gotten old and moved on but they should not be shouldered this non activity fee crap.SO here is my question : What argument can I make to them and what law or court ruling can I use as reference so they can back off on this . In your answer please include either a law or regulation or a example court case ...or a powerful statement that I can expose the illegality of their non activity fee. Attached is the letter they sent. There HQ is in Houston Texas and I am in New Jersey.