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There are a couple of clauses in the letter of employment

There are a couple of clauses in the letter of employment and non-compete agreement i'm about to sign that make me nervous. I wonder if you recommend that I sign or insist on modified language:1. In the offer letter, it says "You agree to devote your full and exclusive business time and attention to the business of the Company." I'm a software engineer, and I think they are trying to prevent me from running a side business that interferes with my work for the company. I don't have a side business, but as an app developer it can be a nice weekend project to create an application etc., and it seems a bit unreasonable that if it were somehow wildly successful I couldn't charge for it. Also (and much more likely), does this mean I can't run an Air B n B, or be reimbursed for giving a talk at my friend's company on one of my vacation days, or being paid to mentor people during off-hours on a mentoring site? It seems like those activities would not interfere with my work for the company and although I don't particularly anticipate doing them, it also makes me a bit uncomfortable to have them forbidden for the duration of my time at the company.2. The confidentiality agreement includes this: "Agreement to Transfer": "Employee shall without further payment, assign, transfer and set over, and does hereby assign, transfer and set over, to the company, all of employee's right, title and interest in and to all Trade Secrets, secret processes, inventions, improvements, patents, patent applications, trademarks, trademark applications, copyrights and any and all intellectual property rights which Employee solely or jointly with others has conceived, made, acquired or suggested at any time during employment or within a one-year period after termination of employment with the Company and which relate to the existing or potential products, processes, work, research or other activities of the Company." I am fine with the company owning all of the work I do for them, and forbidding me to create software that competes in the same industry / market segment as they occupy or are actively pursuing. But I'm concerned this language is so broad that any software I worked on at all within a year after leaving the company could be construed to relate to "potential products, processes, work, research...", since we could be researching anything, and any software COULD be a "potential" product, even if it were outside the company's current industry.3. In the confidentiality agreement is says that notice has to be delivered personally or at the address "except that if delivery is refused or cannot be made for any reason, then such notice shall be deemed given on the third day after it is sent". I'm puzzled about the "cannot be made for any reason" - my address is tricky to find, and the post office sometimes returns things to sender as address invalid, even though it's a perfectly valid address. Would that count as a delivery that "cannot be made for any reason"? Also, mail to my home regularly takes more than 3 days, so a 3 day standard seems surprising to me. Is this clause fine, or should I request clarification?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I was offered severance in exchange liability future claims

I was offered severance in exchange for releasing liability for all future claims against my company, but they are not offering me the same. Is this standard or normal?

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Patrick, Esq.

Doctoral Degree

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17,140 satisfied customers
My employer computes gross wages (an agreed upon % of

My employer computes gross wages (an agreed upon % of collected sales) then DEDUCTS the mileage reimbursement I submit thus resulting in a new lower wage amount to figure the corresponding withholding. EX: $1,000 wages - $200 mileage = $800. Corresponding taxes are $181.11. Payroll is now calculated as $800-$181.11 + $200 Mileage Reimbursement =$818.89 net pay. I believe my net pay should be calculated as $1,000 - $250.89 (taxes) + $200 = $949.11. This reimbursement is for business miles driven in my personal car @ $.54/mile. Can they reduce my gross wages by deducting the amount I submit from an accountable mileage reimbursement?

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Infolawyer

Attorney

Juris Doctor.

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36,966 satisfied customers
My son-in-law is a computer engineer who works from home,

My son-in-law is a computer engineer who works from home, and troubleshoots problemsthat his company's clients needs help solving when they call in to him.He is paid a salary by his employer and is definitely NOT in business for himself.Last year, his employer changed his status from an employee to an independent contractor.To me, that was solely in the interest (to save different costs that my son-in-law would now have to pay) of the employer and was NOT allowed by law (he lives and works in New York). Is this wrong on the part of the employer? Also, what taxes exactly would my son-in-law be obligated to pay that was being paid by the employer? Thank you.

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Infolawyer

Attorney

Juris Doctor.

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36,966 satisfied customers
I'm a nurse and when I obtained by BS I red on with a

Hi....I'm a nurse and when I obtained by BS I hired on with a hospital that offered Tuition reinbursement for advanced education. I took advantage of that and obtained my masters in nursing....upon getting my advanced degree my employer stated they didnt have any opportunities for the new level so I started looking elsewhere. I quickly got a Nurse Practioner position elsewhere. I received a letter from my previous employer wanting partial payback of the tuition reinbursement I received. My take though not legal was there was no opportunites there for my advanced degree and I didnt want to remain a RN at that level and salary. So there was no open positions do I have any legal standing on this? Thank you

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Delta-Lawyer

Doctoral Degree

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6,072 satisfied customers
My son put in my 2 weeks notice on s current job. He was

My son put in my 2 weeks notice on his current job. He was handed a list of training expenses he was told he had to pay back. He has worked there for 4 and a half years and sign a statement he would pay back for training if he left before 6 months. He is a auto tech. They are even asking for "loaner gas" along with all other training costs. What is his obligation to pay back the training costs? Would he be responsible for any training in the last 6 months.

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ScottyMacEsq

Doctoral Degree

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22,356 satisfied customers
Im in a employment contract with cr england where i agreed

Hello, im in a employment contract with cr england where i agreed under contract after successfully completing cdl training and obtaining my cdl that i would work for them for 6 months. If i quit or get terminated i would be responsible to repay the tuition cost and contract buy out fee. I believe that they are in breach of contract because they state that i would recieve top notch driver trainng and i did not. As well they gave me a reasonable expectation of on the job paid training that is not paying as i was excecting as they led me to believe. Im am not being paid for the miles i drive correctly. I was provided unsafe trainers and trainers that did not possess the skills needed to teach me what i needed to know. I have to pay for some maintenance costs out of my pocket, then to have to wait upto 2 pay cycles to be reimbursed. How can i get out of this contract and not pay the tuition fee and contract buy out fee.

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Phillips Esq.

Attorney

Juris Doctor

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17,254 satisfied customers
My husband was a Union Pipefitter and Plummer Years. He is

My husband was a Union Pipefitter and Plummer for 10 Years. He is being told by the local that he is short just hours of being vested for his pension. Isn't he eligible for the portion that he submitted . We had one attorney look into it for us ( a friend) he said we will have to take it to court?

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Infolawyer

Attorney

Juris Doctor.

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36,966 satisfied customers
I just told my employer that I would be resigning after our

I just told my employer that I would be resigning after our current season is up. I work for a youth sports franchise. The current season ends in about 6 weeks, so this was plenty of notice. Instead of accepting the notice, my employer terminated me. I was scheduled to go to a Company Training in Florida for a week on July 17th. Since I was terminated, I obviously won't be attending that training. My employer charged me $400 for the flight cancellation fees. I am just wondering if this is legal? I didn't sign anything saying I'd agree to pay if the flight was cancelled.

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Taylor

Attorney

Juris Doctor

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294 satisfied customers
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