Archived
If you work for a franchise with a limited sales area, can a noncompete encompass areas outside of employers sales area?
Alix's answer
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Answered on April 08, 2014
Your question cannot be answered properly without a thorough review of your non-compete agreement in the context of the franchise's business.
Archived
Do I have to pay overtime to my employee?
Alix's answer
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Answered on April 07, 2014
Generally, any employee who is not exempt from overtime (i.e., executive, administrative or professional) must be paid overtime pay at the rate of...
Archived
Termination meeting without clarifying the reason for termination. Is this the right protocol?
Alix's answer
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Answered on April 03, 2014
You should invest in a consultation with an employment attorney to help you determine whether your employment termination was wrongful. Regarding...
FMLA time off for 1099 employees.
Alix's answer
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Answered on April 03, 2014
First of all, there is no such thing as a 1099 employee. Either you are an independent contractor whose earnings are reported on a 1099, which...
Archived
Does this count as hostile work environment in NYC?
Alix's answer
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Answered on April 02, 2014
While such behavior is deplorable, it would only be actionable if it were based on your pregnancy or on some other protected characteristic, such...
Archived
OUR EMPLOYEE HANDED US A DOCTORS NOTE
Alix's answer
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Answered on April 02, 2014
I agree with the other attorneys who have responded. Your money will be well spent If you use experienced employment counsel to help you engage in...
Archived
Can a manager force an employee to change departments on the basis of an upcoming marriage to an employee in the same dept
Alix's answer
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Answered on March 13, 2014
You may have a claim for sexual orientation discrimination if opposite-sex married couples are not required to work in different departments. If...
Archived
My employer sent my Cobra package after his deadline of 44 days. What rights do I have as the employee? He tells me he can do it
Alix's answer
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Answered on March 13, 2014
You should take the advice of the New Jersey Department of Labor and invest in a consultation with a New Jersey employment attorney. The only...
Archived
Filed a Workplace Violence Incident Report with my employer in NYS. Do I have to answer further questioning to justify my claim?
Alix's answer
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Answered on March 13, 2014
I agree with Mr. Forman. You also should check your employee handbook to determine whether you have an obligation to cooperate in any workplace...
Will signing a severance package make you ineligible for unemployment insurance?
Alix's answer
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Answered on February 18, 2014
I believe Mr. Adler meant that you may not be able to receive unemployment benefits during the period when you are receiving severance pay. If...
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