Archived
Restrictive covenant applicability when client contract ends, bid for new 5 yr contract lost, company has no similar work avail?
Alix's answer
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Answered on October 01, 2014
Non-competes such as this are fact-specific. Before rendering an opinion, an attorney would need to thoroughly review the agreement and your...
Archived
Paying employees unpaid overtime
Alix's answer
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Answered on September 29, 2014
Pay them for the overtime owed in current dollars, based on their hourly wages in 2012 and 2013. For all hours worked over 40 in any week, the...
Archived
If an employer writes up an employee, but never gives them the paper, is it admissible in court?
Alix's answer
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Answered on September 23, 2014
The warning letter is probably admissible. It would be your word against hers as to whether she ever tried to give it to you.
Archived
Does a breach of employment contract by the employer nullify the contract?
Alix's answer
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Answered on September 22, 2014
Sure, he could sue you, but you could counter sue for nonpayment of wages. Being let go for lack of work and not being paid to boot could make any...
What can I do if my employer is refusing to allow me to take off for religious holidays that I observe?
Alix's answer
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Answered on September 21, 2014
Your employer should work with you to provide a reasonable accommodation so that you can observe the Jewish holidays, i.e., working on Sundays to...
Archived
Is this termination clause enforceable?
Alix's answer
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Answered on September 20, 2014
Enforceability of such a clause cannot be determined out of context, that is, without knowing what the rest of the contract provides and the...
Archived
If an employer has a note from an employee's doctor for generalized anxiety, is this a "documented disability"?
Alix's answer
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Answered on September 15, 2014
I agree with my out-of-state colleagues. Consult with a local employment attorney to determine if you have a claim.
Archived
How to terminate an employee?
Alix's answer
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Answered on September 08, 2014
New York's Labor Law requires that you provide the employee with written notice of his or her last day of work and last day of benefits. You...
Archived
Is it a standard practice for an employer to ask the claimant of a sexual harassment claim to meet directly 1on 1 with accused.
Alix's answer
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Answered on August 30, 2014
I agree with Mr. Urba that it is not standard practice for the complainant to meet with the alleged harasser. In fact, that could be considered a...
Archived
Can my boss cut my hours because I'm pregnant?
Alix's answer
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Answered on August 29, 2014
No, your boss's actions appear to be illegal under New Jersey and federal law. You should consult with an employment attorney as soon as possible.
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