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Recent employment law questions

I'm an employee of a Consulting Company A. The Consulting

I'm an employee of a Consulting Company A.The Consulting Company A has a project contract with a Microsoft(Client). So the Company A assign me to Microsoft to work for this project.Recently, the Company A ask me to sign the a contract which contains the following Non-Compete contents.I want to confirm with you, if I signed this contract, can I join in Microsoft (Client) in the future? Does this non-complete apply to the event like I joined in Client?For example, I'm a programmer of Company A. Can I join in Microsoft (Client) as a programmer to do this same project or different project?Non-Complete******************************************Subject to Company making the applicable payments, you are expected to agree that, during this employment in the agreement, and for a period of twelve (12) months (the “Non-Compete Period”) after the effective date of termination of this agreement, you will not engage in any business or maintain sales or service representatives or employees of any organizations or entities that directly compete with Company or any subsidiary or affiliate thereof.

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
I work Medical which is now Stanford CHildrens

Hello,I work for Bayside Medical which is now Stanford CHildrens health. We merged in 2013. End of 2012, I opened up my own staffing company for medical professionals, not knowing if my position would be eliminated or not and so because my husband and i were already vendors for handy work for Bayside we were also approved to be vendors for Stanford starting 2013. Recently there was an allegation of conflict of interest, i was questioned by management and my staff was also questioned not in regards ***** ***** business but to my management style and if they were happy here. All this has occurred in the last 2 months. Today I was notified by my supervisor that my business issue was escalated to the Director of Compliance at Stanford. Please advise.

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
A medical practice has a contract with a nurse staffing provider.

A medical practice has a contract with a nurse staffing provider. The staffing company agrees to provide nurses Monday through Friday during regular business hours for a set rate. The contract states that any other days/hours will be billed at a higher rate. The nurse decides to cut out the middleman and approaches the practice about working extra hours during the weekend. The nurse asks the practice not to pay the staffing company but to pay the nurse directly instead. Practice agrees. Somehow, the staffing company finds out that the nurse has been moonlighting outside of the contract for the same practice, and warns practice and nurse that they have violated contract and will have to pay referral fee anyway. Questions: 1) Has the practice violated terms of the agreement? 2) Is such an agreement unconscionable or void in that it restricts a person's right to work? 3)Are there any other issues the practice needs to be aware of regarding this type of incident?

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
I have two questions regarding unemployment in Minnesota: (1)

I have two questions regarding unemployment in Minnesota: (1) I am partially disabled but working 22 hours/week in my current job. Does this disqualify me from collecting unemployment? (2) The county mental health agency I've been working with is in the process of privatizing services with a private mental health agency. Although the agency's Proposal has not yet been accepted formally, I think the writing is on the wall. Am I considered laid off when the employer switches from the County to the Private Agency? If the Private Agency offers me a job and the terms are "unreasonable," e.g., salary, hours, etc., will I be disqualified for unemployment if I don't take it? If the Private Agency requires us to apply for our own jobs, will I be disqualified for Unemployment if I refuse to do so? What constitutes a "reasonable" job offer for Unemployment Purposes? Thank you so much!

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Brandon, Esq.

Senior Counsel

Doctoral Degree

 
3,626 satisfied customers
Is it considered a violation of the HIPAA laws of an employer

Is it considered a violation of the HIPAA laws of an employer sends Mass email to all employees with your name reason you called in it ifYou have a medical condition?

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Dwayne B.

Juris Doctor

 
33,916 satisfied customers
I have been a "contract worker" for a staffing agency for over

I have been a "contract worker" for a staffing agency for over two years now hired out to another company. This company now has offered to "hire" me as a temp employee. I Have not received any type of benefits from the staffing company. I was told by the hiring company (whom the staffing company worked for) that I would not be eligible to receive benefits like a regular full-time employee until 1 years of service with them. My question is, am I due these benefits immediately since I have worked for them as a "contractor" for more than 2 years? I have including some information I researched online for you. I live and work in the state of Kansas.Laws for Temporary Workers After Two Years of Employmenthttp://www.ehow.com/list_6067706_laws-after-two-years-employment.htmlRead more: Laws for Temporary Workers After Two Years of Employment Definition Temporary employees cannot work for a company indefinitely: A temporary worker on assignment with the same company for two or more years can become a common-law employee. A common-law employee is eligible for the same benefits as those received by permanent employees, including job protection.Contracts Companies can prevent a temporary worker from becoming a common-law employee by negotiating a contract with the worker at the time of hire. For the contract to be effective, it must clearly state an end date to a particular assignment. Limit the term of the contract to 12 or 18 months to prevent confusion.Financial Considerations Companies usually use a staffing service for hiring temporary workers. The staffing service is responsible for paying temporary workers, not the company. However, when a company assumes the role of providing payroll and/or provides the temporary worker with compensation of any type, the temporary worker would then be considered a common-law employee. The company is subject to paying payroll taxes under guidelines established by the IRS.Read more: Laws for Temporary Workers After Two Years of Employment | eHow.com http://www.ehow.com/list_6067706_laws-after-two-years-employment.html#ixzz1oNy61rfUThank you in advance for your assistance.

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legaleagle

Attorney

Doctoral Degree

 
8,906 satisfied customers
I left my previous employer after working for them for eleven+

I left my previous employer after working for them for eleven+ years. The leaving was not on a mutual basis. Recently a staffing service contacted the previous employer because they needed a reference on my technical background. The service was well informed of my departure and that more than likely the reference was going to be hostile. The thing that I was not expecting was that the previous employer is insinuating that I am a thief, which I am not. Is there anything I can do about this? If this is how they are going to respond to reference request this is going to damage any chance of future placement.

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wallstreetfighter

Attorney

Doctoral Degree

 
18,022 satisfied customers
"is "Anonymous Blackmails" to house phone from co-worker a

"is "Anonymous Blackmail's" to house phone from co-worker a legal? What legal actions should I took against male-co-worker and his Sexual harassment to me in order to make sure that he stop do what he does? He stalked me after work hours so he could talk with me about his wish for us to see each other. I refused to see him and have relations with him and tell him that we can be just co-workers. He continue to stalking me after work in stores; inviting me to come to see him in his paintshop/garage... Recently after he saw me in store with other man (who was my dad) he tried again to ask me to meet with him. I denied him wish and asked him to leave me alone. After that he began hinting to me that he saw me with another man and questioned me who was it? I replied that it doesn't concern him at all. He continue his hints that we live in a small town and that my relations with my housband could be in trouble. I said goodbye and that now we definatly have nothing more to talk about. Recently he start making 'anonymous' calls at my house phone number (which he researched on his own) and left a few robotic /computer-generated voicemail to tell my housband that I do have other man and he should know about this...." I did not do any legal action yet and have not talk to HR yet. I would like to go to police to take some kind of restriction order against him to stop stalking me after work with his sexual harassment and stop asking me to have relations with me. I also would like him to stop his Anonymous Blackmail's. What should I do and what legal actions canbe taking against him?

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LawHelpNow

Attorney and Counselor at Law

Doctor of Jurisprudence

 
6,720 satisfied customers
I am employed by a staffing service that hired me to work at

I am employed by a staffing service that hired me to work at one of their customers 19 hours per week (part-time). The contract between my employer and the client states:"Customer does not have the right to hire any [XYZ] employees working full-time at the Customer's location or any that have worked at the customer location within twelve months."I interpret this as I can now be hired by the customer since I'm part-time and have worked there for 30 months. The customer seems to think that it means twelve months after I've left the customer that I can be hired.Who is right? Thanks!

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Brandon M.

Attorney at Law

Juris Doctorate

 
7,862 satisfied customers
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