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Recent Voluntary Termination questions

I am considering an employment offer. The company has asked

I am considering an employment offer. The company has asked me to sign a confidentiality and non-compete agreement. I am ok with the confidentiality of client information but they are putting non-compete clauses that I can't join the customer's company or competition for 12 months after I leave the company which I feel is unfair. I am attaching the verbiage below. My questions are - Is that what the verbiage below state? Do I have a leg to stand on if I don't want to sign? If I do sign, can this hold up in a court of law if I violate it?"At all times during the Employee's employment with the Company, and for a period of twelve (12) monthsfollowing: either (a) the Employee's voluntary termination of Employee's employment, or (b) the Company'stermination of Employee's employment as a result of Employee's willful violation of his/her fiduciaryresponsibility to either and/or both the Company and the Company's client(s), illegal activities or acts of moralturpitude, the Employee, except as part of the Employee's duties as an employee of the Company, shall not forhis/herself or on behalf of any other person or entity:(a) solicit business from, sell products to or perform services for any Customer of the Company, whichbusiness, products or services are the same as or substantially similar to (or otherwise perform thesame or substantially similar functions as) the business of or products and services developed orprovided by the Company, including as an independent contractor, leased employee, consultant orotherwise; or(b) induce or encourage any Customer of the Company to not do or cease doing business with theCompany or to reduce or restrict in any way the amount or nature of such business done with theCompany.As used in this Agreement, the term “Customer of the Company” shall mean any person or entity who haspurchased or used products or services from the Company or that was pursued by the Company, and with orfor whom the Employee has had direct contact and activity or direct supervisory responsibility or access toConfidential Information, within the twenty four (24) month period immediately preceding the termination of theEmployee's employment with the Company. The post-termination restriction contained in this Section III of thisAgreement shall be limited to those geographic areas (states and counties) where the Employee sold orprovided, or were permitted to sell or provide, the Company's products or services.IV. Recognizing the Company's interests as identified herein, as well as its interest in maintaining a stable workforce, the Employee agrees that, for a period of twelve (12) months following: either (a) the Employee'svoluntary termination of Employee's employment, or (b) the Company's termination of Employee's employmentas a result of Employee's willful violation of his/her fiduciary responsibility to either and/or both Schawk andSchawk client(s), illegal activities or acts of moral turpitude, the Employee shall not, without the express writtenconsent of the Company, for his/herself or on behalf of any other person or entity:(a) solicit, induce or encourage any employee or independent contractor of the Company to leave theCompany or to cease his, her or its relationship with the Company, for any reason; or(b) hire or attempt to hire any employee or independent contractor of the Company."

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Patrick, Esq.

Doctoral Degree

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In August 2015 I was approached by a company under contract

In August 2015 I was approached by a company under contract with US State Department for employment in the Middle East. Being gainfully employed but curious I decided to check out the offer and they began background checks, etc. My current employer discovered I might be looking for another job in September 2015 but never approached me to find out what was going on. As it turned out I didn't pass the recruiting companies on line medical exam so I didn't pursue the job offer any further. My current employer started advertising online with Aviation Employment firms for someone to replace me, but did not inform me about the search. The ad was placed on Nov 9, 2015. I was notified of the ad by a friend on Dec 4, 2015 and immediately contacted the owner to get some answers. He stalled me until today, Dec 8, 2015 where we had a meeting. During this meeting I was coerced into signing a resignation, voluntary terminating my employment with pay continuing for approximately 6 weeks on the condition I would not discuss anything with anybody in perpetuity about my resignation. The alternative, verbally given, was to not sign and receive 2 weeks severance and threat of legal action. The resignation is 4 pages long and filled with so much legalese as to make me dizzy. It does contain one paragraph stating I have 6 days to contact legal counsel if I so wish and can contest with written request in that same 6 day time frame.My question is, can I get someone to review this 4 page form and advise me of any legal rights I may have? It just seems extreme to have such a long document for a termination.Thank You,Jim Lundy

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I took a position at a company that had a relocation policy.

I took a position at a company that had a relocation policy. The policy states "Any employee who receives relocation benefits and voluntary terminates employment with "Company" or is terminated for cause within one year following the relocation will be expected to repay reimbursement costs in full." I relocated in August 2014 and received a payment of $20,550. I then received another payment of $6,540 in June 2015 as part of the policy. Based on the reimbursement statement, do I owe all the above amounts or just the $6,540 value should I provide notice on November 2015? There is no wording about the clock resetting if the payments are spread across multiple months. I assumed that the reimbursement would apply to only an amount that happen within the one year. Your response is greatly appreciated.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
My question is in regards to relocation repayment contracts

My question is in regards ***** ***** repayment contracts and when the committed time clock starts in the state of FL.In January 2013 I signed an agreement to repay all or part of relocation expenses if "Voluntary termination occurs within 24 months of relocation." This is fair and I am good with honoring the commitment. I have been with this company nearly 10 years so understood what I was doing.On January 2013, I also singed an "Relocation Initiation Form" that has a field for "Effective Transer or Hire Date" that is filled in as 10-Jan-13.Shortly after, I began receiving benefits, including a large lump sum to cover miscellaneous expsenses. However, our house took a year to sell, so the final move did not occur until June 2014.My question is when does the time clock start for the 2 year commitment?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
I live in the state of Georgia. My employer is in Denver CO

I live in the state of Georgia. My employer is in Denver CO and I a W2 employee. I travel to client sites as need and recently my client cancelled my trip. So I have an airline credit. My question is since I have the credit for the airline and this was cancelled by my client when I give my two week notice can my company take my paycheck and give me the voucher/ticket? I'm very concerned since this was no fault of my own and need my paycheck for the hours I worked.

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Patrick, Esq.

Doctoral Degree

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My current employer of 12 years is selling our business (a

My current employer of 12 years is selling our business (a subsidiary). I currently do not have a non-compete with the seller, and the buyer wants KEY employees without NCAs with the seller to now sign -- under both the seller name AND the buyer's name before they will close on the deal. I am not an equity holder nor am I receiving anything as a result of the sale. Nor do i want to enter into NCA with seller at this point. Buying and Selling companies are both in PA, but we are physically employed in IL. What would be the reasoning behind this? If I do not sign NCA under seller, does it affect the effective date of the 'buyer' NCA then? Not sure their reasoning besides also trying to restrict employment to any client I have a pre-existing relationship with through the seller.Proposed NCA has term of 2 years, which I've requested to be reduced to 1-year. Because I do not think they will grant my request to be released from the NCA regardless of cause, I proposed NCA release (but not non-solicitation or non-discl) only if terminated for narrowly defined cause (e.g. gross misconduct). They didn't seem to be 100% receptive to the latter option either, and threw out the possibility of 6 month severance instead. should the severance match the length of time they want me out of the industry?Finally, should i leave voluntarily or involuntarily, they are trying to restrict me from working in-house (even as a freelance/contractor) with ANY client I have a pre-existing relationship with under the seller company AND buyer company. I'm not comfortable with the 'seller' part of this - especially as an independent contractor AND if a former 'seller' client approaches me (i do not solicit them).thank you!

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Loren

Juris Doctor

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35,432 satisfied customers
I am working with a small recruiting firm in Georgia. We

Hello, I am working with a small recruiting firm in Georgia. We direct-hire doctors into large pharmaceutical companies. Currently, we have the standard ninety (90) day guarantee period - where, "If within ninety (90)days from the start of employment a HiredCandidate is terminated for cause or voluntarily provides Client with notice of resignation,Agency shall provide a 100% refund of the fee, unless Client and Agency agree that replacing the Hired Candidate would be preferred. If replacing the Hired Candidate is the preferred method of exercising the Agency Guarantee, the Agency agrees to provide three (3) qualified Candidates within 60 days of the re-engagement of the search.We have come into a situation where the Client's CEO is doing some shady things and the VP just quits (whom the candidates report into and the VP reported into the CEO) -- causing our fee is in jeopardy because the Hired Candidates are wondering what they gotten into.Therefor, we are trying to protect against,someone leaving (voluntarily) because, to put it nicely, the company is “messed up”. Is there a clause we can add that protect us from a situation like that and could hold up under legal scrutiny.

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Ray

Lawyer

Doctoral Degree

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I signed a separation agreement which prevents me from discussing

i signed a separation agreement which prevents me from discussing work related information with anyone other than the hospital board of directors. Given that this board of directors is a special board or a subunit of a parish police jury, would I be in violation of my agreement if I talk to members of the main governing body, the police jury

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

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46,548 satisfied customers
I received severance pay from the charity employer I had worked

I received severance pay from the charity employer I had worked for after my "voluntary" termination. I am being denied the following benefits on my severance compensation:- 401(k) employee deferral and employer matching, and- profit sharing which is a % of salary, contributed quarterly by the employer without discrimination (to all eligible employees).Can the employer deny these benefits for severance compensation?

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