Archived
Signed a Non-Compete agreement with company I worked with in the past. Can we start LLC with only my wife as member to run biz ?
Craig's answer
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Answered on January 28, 2013
It's irrelevant whether you or your wife run the business. The only thing that is relevant is whether you are using your former employer's trade...
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Is there any employment leave available to take care of a dying grandparent?
Craig's answer
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Answered on January 28, 2013
It's a bit of a stretch, but I've successfully argued that (a) the sick relative has a disability, and (b) the employee is "associated with" the...
Archived
Do express disclaimer and limitation of liability clauses in a commercial contract prevent a party from asserting tort claims?
Craig's answer
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Answered on January 23, 2013
It depends on the nature of the tort. Intentional torts cannot be waived as a matter of public policy. Beyond that, my colleagues are correct that...
Is this considered sexual harrassment?
Craig's answer
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Answered on January 23, 2013
I agree with Mr. Kirschbaum. A single act, though, is rarely sufficient to constitute sexual harassment, unless committed by a supervisor. It may...
Archived
Business Closing - Can I claim my retention bonus?
Craig's answer
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Answered on January 23, 2013
Mr. Kirschbaum took the words right out of my mouth. Never, ever, *never* resign just because your employer tells you to. You are under no...
Should I talk it out with HR or seek an attorney?
Craig's answer
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Answered on January 23, 2013
I agree 100% with Mr. Pedersen and Mr. Mallen. I write only to add that, if you tell HR about it and the company does not respond adequately, then...
Archived
I was terminated after questioning my status as 1099 and expressing that I was being treated as an employee. How do I find a la
Craig's answer
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Answered on January 22, 2013
Ms. Spencer has given you an excellent answer. It is illegal to terminate someone for questioning whether they should in fact be a W2 employee, so...
Archived
Do I hold any personal liability if I recruit people to the company I work for if I know that the company is having issues?
Craig's answer
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Answered on January 20, 2013
While I agree that my colleagues are technically correct, I urge you to think long and hard about it. Do you really think it's okay to affect other...
Archived
Can you get let go for not disclosing a health issue such as cancer?
Craig's answer
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Answered on January 15, 2013
It is illegal to terminate someone for a disability such as cancer. You were under no obligation to let them know about it. If it impacted your...
Archived
Can I get wages owed to me still?
Craig's answer
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Answered on January 15, 2013
I agree with Mr. Eschen. Even if the friend is an attorney, your friend might not be well-versed in employment law. Prevailing wage cases can be...
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