Archived
I think I am misclassified as 1099. Deciding if I have enough to take to court, or should I just report to the IRS?
Jay's answer
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Answered on April 26, 2017
The first question is whether you are actually an independent contractor.
Regardless of the way your employer decides to classify you, whether...
Archived
Can an employer broadcast the reason the reason for termination to the public?
Jay's answer
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Answered on April 26, 2017
First, writing the reason for termination on your paycheck really isn't "broadcasting it to the public." Even so, there is no law against the...
If an employee has a non-compete agreement with a company that is sold to a third party, is the NCA void?
Jay's answer
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Answered on April 26, 2017
In general, non-compete agreements are "disfavored" because they are in restraint of trade. Despite that disfavored status, however, courts in...
Archived
Should I sign the NDA. Concerned for my job after working for employer for some period of time.
Jay's answer
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Answered on April 26, 2017
First, take the NDA to an employment law attorney and have it reviewed. Second, don't sign anything that is backdated.
Third, file a charge of...
Archived
What are the reqmnts re: info collected from hard drive, network activity, etc for that info to be used (or not) in a legal case
Jay's answer
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Answered on April 26, 2017
First, if your relative was convicted in state court in Indiana, don't waste your time looking at the Federal Rules of Evidence -- they don't...
Archived
What type of charges can be placed on me for depositing checks that wasn't mines?
Jay's answer
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Answered on April 26, 2017
You could be charged with theft and/or forgery, both of which are felonies. The fact that you cancelled the deposit of the $5000 won't make any...
Archived
Is My Employer Violating My FMLA Protections For Marking Me Absent And No Call No Show Even After Proving I followed Procedure?
Jay's answer
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Answered on April 25, 2017
Use of FMLA leave cannot be counted against an employee under the employer's attendance policy, and the employer may not use the taking of FMLA...
Can I be forced to resign or get fired for not wanting to take a promotion.
Jay's answer
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Answered on April 25, 2017
Pennsylvania, like almost every other state, is an “at-will” employment state. That means, unless an employee has a contract that says otherwise...
Archived
I ran a restaurant, and asked a drunk customer to leave, and wait outside for her order..I in return, was fired with a text mesg
Jay's answer
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Answered on April 25, 2017
Illinois, like almost every other state, is an “at-will” employment state. That means, unless an employee has a contract that says otherwise (and...
Archived
Is it lawful for an employer to threaten discipline for ambiguously private posts made online about work?
Jay's answer
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Answered on April 25, 2017
Illinois, like almost every other state, is an “at-will” employment state. That means, unless you have a contract that says otherwise (and you...