Are you currently bound by a non-compete or non-solicitation agreement from a current or previous employer?
Under New York law, the general rule is that a non-compete clause will not be binding if the employer fires you. As with most things, though, there are exceptions to the general rule. The most significant exception to be aware of is if the employer offers you severance benefits in exchange for signing the non-compete. Under those circumstances, the non-compete will continue to be binding as long as you are receiving the severance benefits. The…
Can an employer in California deduct an overpayment from the employee's final paycheck if he has a signed consent?
In most cases, the answer is yes. Standard business practice for a company that makes loans to employees is to have the employee sign a pay-back agreement. In the agreement, there usually is a section that specifies what happens when the employee leaves the company before the loan is paid. In most cases, the agreement stipulates that the employer can deduct the balance of the loan from the employee's final paycheck.
Can an employer hold your last check for an unpaid loan if there was no payback agreement made or signed?
If an employer utilizes a non-compete clause, most employers will not even offer employment if a non-compete clause is not signed beforehand. However, if the employer wants to establish a non-compete clause with current employees after the fact, then it depends on what state you live in and what your employment contract contains. For instance, in an employment-at-will state, an employer can terminate your employment for no reason at all (except if protected under Federal…
This depends on what state you are from but generally, if you have a contract that provides paid vacation leave, or have an employment agreement or policy that gives such, then your employer cannot refuse to pay vacation even if you were terminated. In California, if an employer does have an established policy, practice, or agreement to provide paid vacation, upon termination of employment all earned and unused vacation must be paid to the employee…
Yes, Arkansas is an at-will employment state. An employuee or employer can sever ties at any time for pretty much any reason. However, if your position is covered by a personal service contract or a labor agreement the employer is bound by that contract or agreement. Also, no state or federal anti-discrimination laws can be violated.
Do you have to reply to your employer when he is proposing different working hours while you are off sick?
Yes, but it should only be effective after the date it was signed. IE if you took your employer's clients prior to signing that agreement, then the agreement PROBABLY won't cover those clients... although the employer can sue you for damages, effectively make you pay him for his lost earnings. Although there are no laws against it, other than non-compete agreements, etc "stealing" a client from an employer is frowned upon in the business world.
What if an employer starts to pay a retired employee something for past consideration and stops. does that person have a legal right to sue the employer?
They cannot compel you to remain silent unless this was a condition of your hiring. If this were the case, then you would have signed an agreement at that time. However, it is common for employers to negotiate such an agreement, usually requiring compensation (they buy your silence) or a reciprocal agreement (they let you "resign" in good standing and swear never to say anything bad about you).
Yes. This is not an unequivocal "Yes" if there is a collective bargaining agreement in place between employer and a union representing the employees. If that agreement calls for weekly salary payments, the employer would be prohibited by contract from changing the pay period. The employer could go to the union and ask that it agree to a change in the contract pay period, but the union would have to agree. Of course, when the…
If your employer agrees for you to train an non employee using their facility and then you leave does your employer have to keep this agreement?
Does the non-custodial parent have to pay med pay if it was not a court order and his employer does not carry and why are they still garnishing it out of his payroll?
If the non custodial parent was required to furnish insurance on the child until his or her 18th birthday in the divorce agreement,if not by the court itself.The employer should provide a sponsored dependant coverage if the child is not yours, but you are required to provide medical coverage by a court or divorce agreement.