Under Pennsylvania law, the answer generally is yes, the non-compete agreement will still likely be enforceable. It is best to assume it will be enforceable as you evaluate your options. That said, however, the enforceability of those agreements always depends on the particular facts of the case. It is better to understand your options up front and to make informed decisions, then to make a decision and attempt to justify it later. The cost to have an attorney review the circumstances and...
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Since this is a Florida employer, Florida law will apply and a Florida lawyer can best provide guidance with this answer. That said, it is the question on the application that governs the answer to be provided. You always want to answer truthfully. The fact of this prior incident may have little or no impact on getting hired; however, providing false information in an employment application can support a termination far into the future (i.e, even if discovered many years later and even if...
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The answer to your question is maybe/maybe not. For an FMLA claim, suit must be filed, generally, within 2 years after the last event constituting the alleged violation. In some instances, if the actions were willful, the period for filing can be extended for 3 years. You need an attorney to review the underlying facts and circumstances in order to determine whether there is a potentially timely claim. You need to do that promptly.
This is an employment issue and, more specifically, a matter that is most likely governed by the terms of your union contract. Under that contract, it is likely necessary for you to proceed through the defined grievance process. You should promptly contact your union representative to initiate that process and to obtain assistance of the union. The union will likely provide you with representation, including, possibly, legal assistance if that becomes necessary and appropriate.
Under PA law and general contract provisions, there are a variety of different ways in which this issue may be addressed. It is necessary to review the contract to determine your particular factual, contractual and legal scenario and how you can best position yourself. In light of the time frame you suggest, you should do that sooner rather than later. It is always best to work consistent with the language of the agreement as much as possible and to understand the issues before a problem develops.
I am an attorney in Pittsburgh, Pennsylvania and agree with the content of the information provided by Mr. Ezold, recognizing that I have also not spoken with you and am basing this agreement on the limited facts stated. As an additional comment, you may want to speak with your employer first and suggest that for your own record-keeping and tax purposes, you would appreciate receiving the information that supports the employer calculation of the amounts owed to you, including, in each instance,...
I concur with the observations of the other two lawyers. I will only add that you should obtain legal counsel by an attorney or law firm in New York or who is at least authorized to practice law in the state of New York if that is the location of your employment. Each state has its own legal provisions and practice components.
I agree with the suggestions you have received that you do need personal legal counsel but would add that since your issues implicate both federal and state law, you should communicate with an attorney in the state that has jurisdiction over your employment (i.e., the state where you or your principal office is located or that is identified in any employment agreement as the location whose law governs or is the location for resolution of any disputes). Good luck.