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Recent Termination questions

Breach of Contract: I was hired as a contractor. The company

Breach of Contract:I was hired as a contractor. The company released me from my contract (IC Agreement) on May 17, 2016 after working for them for 17 months.They breached the contract by not giving me a 30 day notice, as stated:"Commencement of Services; Term. Contractor shall commence the provision of the services on the date set forth on Exhibit A and shall continue performing the services until the indicated anticipated expiration date, unless sooner terminated as provided herein. This Agreement may be terminated at any time with or without cause by either party upon 30 days written notice, provided that upon such termination all materials of the Company in Contractor's possession shall be immediately returned to the Company. Notwithstanding the foregoing, Company may terminate this Agreement immediately without notice for cause, which shall include (a) criminal, fraudulent, or intolerable behavior, or substance abuse; (b) a material breach of this Agreement and failure to cure such breach within five (5) days after receipt of written notice thereof, or (c) the death or disability of Contractor."I brought it to their attention that we have a contract in place and they sent me a "Termination Agreement" stating that:1...."The IC Agreement ended by mutual agreement as of 5:00 p.m. on May 17, 2016" (They released me from my contract. I don't see how this was mutual)2. Consideration. Subject to the provisions of Section 4 below (Release and Indemnification) and in consideration of Contractor's execution of this Agreement and her full and timely performance of all of her promises and obligations in this Agreement, Client agrees to provide Contractor with the Separation Payment equal to compensation for one month, which is x amount.Contractor acknowledges that the Separation Payment is provided solely in consideration of (a) her execution of and compliance with the terms of this Agreement (b) the Confidentiality provisions set forth in Paragraph 6 of the Independent Contractor Agreement (Non-Disclosure Agreement), and (c) any Nondisclosure Agreement with Client.3. Voluntary Agreement4. Release of Indemnification5. Arbitration6. Entire Agreement. Contractor does not rely upon any representation or statement not set forth in this Agreement. This agreement supersedes any and all prior agreements... except any policy or agreement prohibiting disclosure of confidential business info or trade secrets of Client, including those set forth in the IC Agreement and any Nondisclosure Agreement between Client and Contractor.This is yet another agreement/contract they want me to sign. I don't think it is a good idea to sign it when (1) they did not honor the first agreement - the IC Agreement and (2) this looks to me like a completely separate contract that has nothing to do with making an effort to remedy the lack of providing a 30 day notice (and the monetary compensation that goes along with the 30 day notice).I think that if they want me to sign a Termination Agreement, they need to fulfill the original contract (the IC Agreement) first.Am I correct in seeing these two agreements as separate requests? What rights or recourses do I have?

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Patrick, Esq.

Doctoral Degree

17,398 satisfied customers
I am a nurse practitioner in the state of Texas. There were

I am a nurse practitioner in the state of Texas. There were allegations brought against me by a plaintiff every since the threat of suit i was reported to the board of nursing who placed a stipulations o my licenses i completed the courses they requested but all of the monitoring by a fellow NP could not be completed because my contract with my employer has been terminated. Just this week the plaintiff filed/ signed a partial non suit in the courts I received notice. What does this mean? Does it mean that he decided not to sue and if so does this mean that the Board filed an order that is now void because there was no Law suit. My name was also placed in a NP data bank. There was not a law suit so does this mean that it was accusation and that my name should be removed from the data bank?

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Ely

Counselor at Law

Juris Doctor

63,644 satisfied customers
We work for a private school in California where we are

We work for a private school in California where we are required to take an off duty meal time no later than 5 hours from the start of our shift. unfortunately, that's when we are either setting up for lunch or feeding staff and kids. we originally all signed voluntary waivers saying that we cold take lunch after the 5 hour period. due to california law, our employer revoked the waivers. we now work 6 hour shifts, with voluntary mealtime waivers. they did keep our annual salary the same despite the reduction of hours, but it's EXTREMELY difficult to get all our work done in the reduced time frame. Is there a way to get back the 8 hour shift, with the lunch waivers? our employer never said we couldn't take a lunch, it's just the nature of our work requires us to be on the working during the time most of us would have to take our meal break.

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Patrick, Esq.

Doctoral Degree

17,398 satisfied customers
I was working in a place that was a very hostile

I was working in a place that was a very hostile environment, Cursed at remarks made that all white people are stupid, know one was known too be more stupid than white people, certain ones coming too work stoned and smelling of weed and alcohol. I addressed the manager with these issues several but nothing was or is being done about it. It got too a point where I couldn't take anymore so I quit 08-15-2016.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: No Sir,JA: Anything else you think the lawyer should know?Customer: It had gotten too a point this place was making me sick I was constantly throwing up, nerves got too a point I'm having trouble sleeping.

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Patrick, Esq.

Doctoral Degree

17,398 satisfied customers
My company hired me in June, as a full-time salaried

My company hired me in June, as a full-time salaried employee. Today, they told the employees that the company will be "shutting down" in November due to it not being a profitable month for them. I do not have vacation time accrued yet (we do not get vacation time until we have been employed for a year.) They are requiring that all employees take the month of, and in my case, without pay. Other employees are using vacation time. Is this a legal practice? No notice was given until this morning.

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Patrick, Esq.

Doctoral Degree

17,398 satisfied customers
I work as a Bartender at the LAX Airport, we are a unionized

Hi, I work as a Bartender at the LAX Airport, we are a unionized workforce and I'm the Chief Shop Steward for the Union & our company. Earlier this month, an employee came up to me during work and asked "Do you have a f**king problem with me?" I responded with, "What are you talking about?" and she said "Stop spreading rumors." I have not done anything of such nature, we talked after my shift and she accused me that our boss isn't allowed over in our terminal (we have multiple concepts across the terminal) because of rumors that her and him were in a relationship, she threatened me saying she can get multiple statements against saying I was the reason for this. She said that he was under investigation which I had no idea about and was convinced it was cause of me. I told her it wasn't, now I'm uncomfortable working at my workplace and asked for a transfer which was denied even though our CBA says we have first opportunity to transfer when job availability comes up.I sent a statement to HR, no response, so I took it to Corporate at our Miami offices, still no response, this past Friday I left a message for corporate then the HR office in LA contacted me via e-mail that they want to speak about the matter. I told them Wednesday but still haven't gotten a response from them. I have the letter I sent to HR which had corporate in Miami and LA all posted in the same e-mail and still no response. I personally don't want to work there now and people are now gossiping that I'm somehow out to get other employees at my work place. I feel like this is a defamation of character and feel like I have to look over my shoulder or watch what I say at work. I'm looking into getting an attorney and would like to know the best course of action.

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Infolawyer

Attorney

Juris Doctor.

37,264 satisfied customers
I terminated my employment on June 10, 2016. I've continued

I terminated my employment on June 10, 2016. I've continued to receive paychecks via electronic deposit until August 19, 2016. I contacted my former employer on July 13, 2016 to tell them to stop payment and resolve the sitution. I received a phone call today from my former boss asking if I had spent the money. They are supposed to get back with me by phone with what I'm guessing will be the amount that they think I owe them. Do I have to give back the money they paid me?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TNJA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: My former employer has no HR department and a host of legal issues non related to my situation

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Patrick, Esq.

Doctoral Degree

17,398 satisfied customers
My Dr put me on light duty work, but my employer said they

My Dr put me on light duty work, but my employer said they don't offer it and that I have to resign or go on FMLA, now telling me I'm not eligible for FMLA...what do I do now?

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Patrick, Esq.

Doctoral Degree

17,398 satisfied customers
I am in sales and signed a non compete agreement with my

I am in sales and signed a non compete agreement with my company about 6 years ago. I have just left my company and was told that I can not pursue my clients for a period of one year. Does my company (based in Alexandria Virginia and I am in Texas) have this leverage over who I choose to work for?

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ScottyMacEsq

Doctoral Degree

22,504 satisfied customers
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