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James Alfred Meaney

James Meaney’s Answers

74 total


  • What's considered retaliation?

    A couple of weeks ago, I left during the work day due to pain in my personal area. Something I've been dealing with for a whole now. I left work to go to the ER due to the extremity of the pain itself. After I left the ER, they released ne to go b...

    James’s Answer

    Your situation raises a number of questions that can only be dealt with directly rather than abstractly. You may have a claim under the Americans with Disabilities Act but it does not sound like you have a lot of damage (the amount of the bonus?). You should consult with an employment lawyer in your area.

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  • I was bullied and harassed at work by a man(I'm a female) for 3 years. I waited and waited and complained and complained

    I finally found a new job and quit the other place due to the bullying. I would cry every time I had to work. Everyone complained about him. Well, I just found out he was put on unpaid admin leave and demoted about a month after I quit. Now I'm th...

    James’s Answer

    You should contact an employment lawyer in your area ...but there is no independent claim in Ohio for "bullying"; however, if this was sexual harassment then that is a different story. But, the fact that you quit does not help and wages earned from your new job will lessen any damage you may have.

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  • My employer gave me the option to quit or be fired before I have a total hip replacement, is that legal?

    I've worked for the company part time and have a little over four years with them, When hired I notified my boss of my medical disability.

    James’s Answer

    You should visit with a local employment lawyer. But do not quit - you may have claims under the Americans With Disabilities Act and the Family Medical Leave Act. But, the application of these laws depends on a number of factors. For instance, the FMLA covers employers with at least 50 employees within a 75-mile radius of where the affected employee works. To be covered by the FMLA the employee must have been employed for 12 months and worked 1,250 hours in the prior year. So do not quit and make an appointment with a competent employment lawyer in your area.

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  • What should I do if I have not been paid in almost 3 months?

    I work for a company under a contract that is supposed to pay $300/month and I have done my work and everything. I have also contacted my boss about it and she told me that I was supposed to have a check sent out and I have yet to receive that ch...

    James’s Answer

    You need to meet with an employment lawyer in your area - from your statement it is difficult to tell if you are an "employee" or an "independent contractor" - the difference is important to what rights you may have. More clarification is required.

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  • Employment

    After 26 years of employment I was told that the company was closing and that we would receive six months of severance. This is the norm for this company everyone gets at least six months severance. Two months before the severance would be paid ou...

    James’s Answer

    Without more facts and an understanding of the "severance program" (written, custom, verbal), it is difficult to provide much direction. And, the question about the new to-be-formed company is one that can only be answered based on what occurs in the future - did the company form? Did they make job offers? More detail is needed ...but you should visit a local employment lawyer. Unless there is a written contract or binding statement in a handbook, companies are not required to offer severance pay.

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  • Do both my wife and I need to sign a franchise agreement, or can only one of us sign?

    We are purchasing a fast food franchise, and the development agent asked if both my wife and I will be signing the franchise agreement. I assumed yes, but my wife says no based on what others we know have done. I believe we both will likely have t...

    James’s Answer

    I agree with Peter - but you should form an LLC in your state, place the agreement in the name of the LLC and have the Manager Member sign the franchise agreement, operate your business under the LLC and just have one spouse sign the guaranty. This is the best set-up to protect your personal assets, as well as those of your wife, from third-party claims and limit some exposure to claims from the franchisor.

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  • My company has a Non-solicitation agreement that says clients cannot solicit me to leave the company to come work for them?

    But what if I leave the company on my own accord and then solicit the client to work for them as an independent contractor? Here's some of the agreement: "I acknowledge that [company has made substantial investments in recruiting and training...a...

    James’s Answer

    Typically the law will not allow you to do indirectly what is prohibited directly. Further, it sounds like you may subject to your own non-compete agreement (I also acknowledge that [company] has agreements with employees that protect this interest by requiring that employees obtain [company's] prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the client to whom they were assigned.) -- but even if you do not, the company could pursue a claims for "tortious interference with the contractual relationship" that is has with its customers. You may want to consult with a lawyer in your area.

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  • Is there a wrongful termination case if I brought attention to our clear violations of FTC franchise sales laws. Dir. Fran Sales

    I worked as the Director of Franchise Sales for a modest but quickly growing franchise based in Los Angeles. In short I'll summarize the case with bullets. • I set record sales goals with them. • The CEO mentioned often his apprec...

    James’s Answer

    The answer is that it depends on California state law (common law and statutes) regarding Whistle-blower protection. I have seen similar cases in Ohio that have been successful. You do need to consult with an employment lawyer in your area.

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  • Can an employer fire me for not doing a potentially dangerous job?

    Working as a pizza delivery driver I have been told to go on deliveries,by my supervisor, even though I felt my well-being was in danger due to the road conditions (Covered in snow, torrential downpour) and was told on multiple occasions to "man up".

    James’s Answer

    I agree - barring a Level 4 road emergency, it seems to be part of your job!

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  • I want to start a franchise company. How much does it cost to have a franchise agreement put together?

    I own a successful business. We now have open two stores. We have develop our full training manual, supply chain, and management system. In order to have start selling the franchise, I will need the agreement. My question is how much would it co...

    James’s Answer

    My colleagues have explained what is involved. My general estimate is $30,000 to $40,000 (fixed fee) before any state registration work is done. In addition, you will need to hire a CPA who can perform annual audits after the first year and you need to determine what their fee would be as well.

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