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Is this forum private...or gets...
Is this forum private...or gets put for general perusal?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Virginia, but have been advised to file something in SC where headquarters exists.
JA: Have you talked to a lawyer yet?
Customer: Yes, in VA. He advised that I go to SC. So much to type. Can we speak? I have a severance agreement from them...after attorney. I signed, they refuse to interact. I am being held to non solicit...no severance. My work history was stellar.
JA: What advice did they give you?
Customer: I have email from their attorney saying a month was standard.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am in VA, but headquarters of company in SC.
JA: Anything else you think the lawyer should know?
Customer: Hello, I am in Virginia (right to work state)and have been advised by an attorney here to move forward in SC. I was heavily recruited by a company. Worked there a year. Had 5 bosses within that year. Total chaos. My company record was clean. Its marketing...and we had our best Hospice quarter in the region...ever. One of the owners of the company just days before their downsizing referred to me as the VA superstar. They want all texts from the other owner...who they made resign....
Submitted: 1 year ago.Category: Employment Law
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Answered in 59 minutes by:
7/27/2016
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,086
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The forum is not private, but we can lock the question from view upon it being completed.
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Customer reply replied 1 year ago
Thank u. I would appreciate that greatly.
Customer reply replied 1 year ago
Did you recieve details of my situation... They were also included.. I think...
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
I am afraid I do not understand, you have a severance agreement you signed that has a non-compete clause and they never paid the severance but they are trying to enforce the non-compete?
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Customer reply replied 1 year ago
It is so complicated. It's difficult to type it all. Basically, one of the owners advised me in regards ***** ***** unprofessional behavior of my 5th boss in a year. I was sales director. Good numbers. Nothing in personnel file negative. Text from owner week before severance calling me Virginia superstar. I did what he advised... And I have his texts and emails... Apparently two owners were battling unbeknownst to me... And they used the fact he texted me against him so he resigned. Their attorney said in email they give one month standard severance. They would give me two if I gave them all of our texts... Other owner and I... I agreed. I signed their severance package. They then claimed I tried recruiting another director when I took new position. I did not. We didn't do business in WV... Weren't hiring... And I actually sent them business... Which I can prove. They admitted pt to hospice. They gave me a warning... And we explained that recruitment never occurred. That director was looking for work however, I just couldn't help her if I wanted. They quit responding to my attorney here and never have severance.
Customer reply replied 1 year ago
They refused to let me off of nonsolicite agreement. We tried. So they heavily recruited me. I delivered. They want to hold me to nonsolicite... Let me go suddenly without provocation... And no severance.
Customer reply replied 1 year ago
Despite their paperwork.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
Unfortunately, it seems like this company is a less than ethical business under this particular owner and as such what you have here is a breach of contract claim. If you signed a severance and they are refusing to pay the severance, then you have grounds to sue them for not honoring the contract and to void that contract based on their breach. If the non-compete clause/non-solicitation clause is in the severance, then that would be invalid as well based on their breach.
However, they are claiming some fake and fabricated breach against you to hold you to the contract without paying and if you can prove as you said that no such solicitation ever occurred, then you would need to file suit against this company now for breach of the severance agreement and for bad faith as well for fabricating the claims to avoid paying. For a bad faith breach of contract, up to triple damages as punitive damages and attorney's fees are available to you, so it makes it worth it for you to sue them.
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Customer reply replied 1 year ago
Thank u for reviewing. Obviously, I am seeking employment but need to find an attorney pro Bono as my finances have taken quite a hit. How do I locate a pro Bono attorney in SC and include attorney fees in what they now owe? Currently, we have used last of savings to keep afloat. My spouse works, but our expenses have been based on two solid incomes.
Customer reply replied 1 year ago
They r trying to wear me down and make me just go away. Problem is, they have taken my livelihood and we tried to get them to release me in the very least... They have refused. I can definitely prove that I sent them a patient, if necessary. This family phoned me re hospice care for loved one. I contacted WV director of said company and they admitted the pt.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
You can contact legal aid in SC and also the SC bar association. Also, some attorneys would take this case on a contingency fee basis, meaning they would take their fee out of what you receive from them. You can call around in SC at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
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Customer reply replied 1 year ago
Interestingly, I held a job for two months after... In which I had to drive 3+ hours each way... To avoid conflict with nonsolicite. I refused to go against my nonsolicite and the employer was hoping they would release me... As did I. When that didn't happen, the employment ended as it was not going to be effective for me to hold position with 6 hr commute. Now my salary range is considerably lower as I have to enter new realm as a beginner instead of my area of expertise. I would understand that better if they atleast honored their severance agreement to give me time to figure that all out. Nothing...even with an impeccable work history. The contract they sent me they had not signed yet. They just had my signature.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago

Thank you for your additional information

All you can do here is file suit against them, since they are in breach of the contract with you and are counting on you not suing. As I said, willful breach of the severance would entitle you to collect attorney's fees from the employer so you should not have an issue getting a local attorney in SC to represent you.

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Customer reply replied 1 year ago
Ok.... I shall seek council. U did not handle such cases?
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
In accordance with our site policy and the state laws, no expert on this site can provide legal representation to any customer of this site. You would need to engage an attorney locally in SC from one of those sites mentioned above.
Thank you for your understanding.
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Customer reply replied 1 year ago
The hg.org link does not seem to go thru...is there another? I have reached out on the LexMundi site.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
You need to copy and paste it to your browser, I apologize that seems to be a technical issue with the site. But the link works.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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