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Elizabeth Franqui

Elizabeth Franqui’s Answers

48 total


  • What is my employers' responsibility with respect to a relocation package that I am 50% into when I am released from employment

    My employer released me from employment today and I am in the middle of moving my household goods to TN from RI using a relocation package that my employer used to recruit me ? I have signed a lease and purchased some appliances for my new home? A...

    Elizabeth’s Answer

    Usually, the terms and conditions of a relocation package are contained in your offer letter or in a Relocation agreement. So, it's difficult to respond without knowing what those documents say. In some cases, employers take the responsibility of paying for the relocation or paying to move you back. You may have other claims, but it depends on the circumstances under which you were discharged by your employer.

    Hope this helps.

    Best regards,
    Elizabeth Franqui

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  • Is the non-compete agreement enforceable in New York? Does it violate worker's right to earn more and pay taxes?

    I read that only California and New York are the 2 states that prohibits the non-compete agreement except on cetain job positions that handles confidential matters of the company like accountants, ITengineer etc..

    Elizabeth’s Answer

    Non-Compete provisions are generally not enforceable in California. However, they are enforceable in New York provided that they are carefully limited in scope to a designated geographic area, a limited amount of time, and to identifiable and reasonable protectable interests.

    In my experience, New York employers will seek to enforce non-compete provisions where the employee or former employee has acquired confidential and proprietary information that he/she misuses to the employer's detriment. For instance, a high level sales person or account manager who uses contacts and financial plans that belong to an employer for the benefit of another entity or him/her self.

    Your post does not provide information regarding the type of job you were employed in and what, if any, confidential and proprietary information or trade secrets you may have been exposed to.

    Hope this helps.

    Elizabeth Franqui

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  • What are the laws for receiving vacation pay once terminated?

    Can an employer keep accrued vacation pay?

    Elizabeth’s Answer

    I practice in New York, but I don't think labor laws differ very much on this point. Vacation time - or "earned, but unpaid" time off is considered "wages," and must be paid to an employee upon termination of their employment - regardless of whether the termination is voluntary or involuntary. Also, earned, but unpaid vacation time cannot be used as monies offered as "consideration" in exchange for a release of claims, because the employee is already entitled to those funds.

    Hope this helps.

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  • Salaried Exempt employees working for a non-profit in Pennsylvania

    Anyone in my office that is full time is classed as a salaried exempt employee. A new statement in our employee policy manual says it all about how many non-paid hours we are expected to work. "Salaried exempt employees are expected to complete ...

    Elizabeth’s Answer

    Whether an employee is "exempt" from overtime rules or "non-exempt" depends on the type of job they perform and other factors, and not on whether they are full-time employees. Usually, employees who are professionals - doctors, lawyers, professors, etcs, or employees in a supervisory position, who use independent judgement and discretion in make decisions that have a direct impact on the operation of a company are properly classified as "exempt" from overtime. If your job does not meet the general criteria I've described, your job may not be properly classified as "exempt." You may consider contacting the Pennsylvania Department of Labor for information on the avenues available to you and your co-workers to determine if your employer is in violation of labor laws.

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  • I am wondering can I file for unemployment if I was suspended from work without pay for a potential violation of policy?

    The suspesion letter states that it has been alleged that you have misappropriated client funds allotted at the agency. As a result we are investigation a potential violation of policy. Therefore you are being placed on an unpaid suspension pendin...

    Elizabeth’s Answer

    I am not aware of any basis under which you would be eligible for unemployment benefits. A requirement for eligibility for unemployment insurance benefits is that you be unemployed. You are still employed. I don't think you have much choice but to wait out the suspension period.

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  • Can a former employer hold my final paycheck?

    I was recently terminatd from my job for insubordination. I received a call from the employer the next day stating that they were holding my final pay check because another employer said I stold two paint guns. I did not steal anything upon leav...

    Elizabeth’s Answer

    I practice in New York State, but I know that some states permit employers to temporarily withhold the final paycheck pending an investigation as to whether the employee engaged in theft of company property or funds. However, in those states, employer cannot simply withhold the check, they must file a police report, and if the employer is found to have withheld the pay in bad faith, they can be subject to penalties for withholding the pay. I suggest you contact your former employer and demand that they release your final pay or you will file a report with the Department of Labor. That usually gets their attention.

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  • Federal Working Conditions of Employment - To Pursue?

    I recently received an adverse decision (denial) from my agency in which I would like to pursue. After consultation with my union, they've decided not to pursue the case however, I am contemplating getting an attorney to present the case against m...

    Elizabeth’s Answer

    Your query is too vague, so I'm not sure whether anyone on this forum can adequately respond.

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  • On the day of firing, is the former employee fully compensated for that day as long as done during regular business hours?

    n/a

    Elizabeth’s Answer

    An employer is required to pay an employee for all of the time they worked. So, if an employee is discharged at the end of the work day, they are entitled to be paid for the day. Most employers will pay the employee for the day regardless of whether the discharge is communicated before the end of the work day. Depending on the industry and the circumstances of the discharge, many employers pay employees through the end of the week, and still others provide some form of severance, though they are not obligated to do so.

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  • I was terminated for"questionable behavior" When I asked for proof my LPS said he didnt have to show me anything.

    Ive worked for the company and traveled all over upstate NY for 5 yrs. Never late always early always came in when called and even went to other stores sometimes as far as 60 miles away. Do I hae any kind of case worth pursuing

    Elizabeth’s Answer

    New York is an "employment at will" state, which means that either party - you or your employer - can decide to end the employment relationship at any time - with or without cause. However, if you performed your work well and the termination of your employment came out of the blue, you may think about whether your supervisor harbored any animus toward you for being in a category protected from discrimination, i.e., your race, age, gender, national origin, religion, disability, sexual orientation, etc.

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  • Forget to clock out? No pay.

    I forgot to clock out before I left my work on Saturday. My boss just sent me a text saying she isn't going to pay me for the entire day because I forgot to clock out. Can she do that? There were several other employees there that can verify that ...

    Elizabeth’s Answer

    I agree with my colleague. Your employer is required to pay you for time worked. If you can verify the hours that you worked, your employer must pay you. However, it doesn't mean that you are free from any reprimand for failing to follow a company rule by clocking out.

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