Recent Answers to Employment Agreement Law Questions
Can my employer change the terms of my employment agreement without my consent?
Employee Rights
Employment Agreement
Texas
Can my employer unilaterally modify the terms of my employment agreement, specifically regarding my compensation and benefits, without obtaining my consent? I recently received a notification from my employer stating that they will be implementing changes to our employment agreements, including reducing our bonuses and altering our vacation policy. I am concerned about the legality of these changes and whether I have any rights or recourse in this situation.
Sarah T.
Hello! Thank you for submitting your question. Unfortunately, unless there’s a contract that controls the terms of the employment, an employer can generally change the terms of employment and benefits. In an at-will work environment, changes can typically be made to an employee handbook without notice to or approval from an employee. If there is an employment contract, typically, those terms cannot be changed without agreement from both parties.
How to end an employment contract?
Employment
Employment Agreement
Connecticut
I am currently an employee with an employment contract, but I am considering terminating my employment due to various reasons such as a breach of contract, a hostile work environment, or a desire to pursue other opportunities. However, I am unsure of the legal requirements and consequences of ending the contract before its specified end date. Therefore, I would like to seek the advice of a lawyer to better understand the steps involved in terminating an employment contract and to ensure that I am protected legally.
Donya G.
Connecticut is an "at will" state which means employers in the private sector can end the employment for no reason at all or without notice. This should be the same for an employee, however, most people give an industry standard of about 2 weeks when leaving. It will depend on the employment agreement that you signed. The agreement will have to be reviewed and you would need to be advised based on your agreement. I can assist you with that. You can find me on the website and engage my services. Donya Gordon
Are 1099 employees responsible for there own break time and lunch time?
Business
Employment Agreement
Oklahoma
The job im at I am a 1099 employee but they tell us when to get here when our breaks are when our lunch is and when we leave. Doesn't that technically mean that we are W2 workers?
Jonathan K.
First of all, there is no such thing as a 1099 employee. You are either an independent contractor or an employee. Second, yes, if you are being told when to take a break or have lunch, then you are probably an employee and not an independent contractor.
Can a new employer ask for my last pay stub?
Employee Rights
Employment Agreement
Florida
My company was recently sold but the new company kept the employees. Former won’t hand over our pay information. The new company has requested that we hand in our last pay stub.
Moxie M.
The National Labor Relations Act prohibits an employer from engaging in retaliation against two (2) or more employees who band together to for mutual aid and protection, including raising concerns about lack of pay details. See link here: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1 If the company has failed to compensate employees for work, it may be a violation of the Fair Labor Standards Act (FLSA) and/or the Florida Minimum Wage Act (if the employer and employee meet coverage requirements). Florida Whistleblower Act, Fla. Stat. 448.102 provides whistleblower protection for employees who are retaliated for raising certain concerns in the workplace: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.102.html Finally, if employees have an employment agreement providing pay for their employment, they may have a contractual right to those monies at their pay.
In-House Counsel hired as an independent contractor - Seeking clarification on indemnity insurance
Employment
Employment Agreement
New York
Hi I am an attorney barred in New York, and I recently started as in-house counsel for tech start up. They have hired me as an independent contractor and I am seeking clarification as to whether this can be done and also what the appropriate indemnity insurance should be for me. I hope someone can assist. Thanks! Christina Chelliah
Erdal T.
I would have to see the employment agreement/contract. Also, if you have a job description with duties, responsibilities, in-office/hybrid/WFH requirements, reporting requirements, etc that would help.
Can a company keep an independent contractor's equipment and supplies after mutually severing ties?
Business Contracts
Employment Agreement
Florida
I'm an independent contractor and have mutually severed ties with the owner of the company I contracted with. She said I could retrieve my belongings this past Tuesday at 2pm. Before I could do so she asked for more time to gather my items and have them ready for pick up in the front lobby. I asked why I couldn't just come get the stuff I could be done w/in an hour and she replied she had some accounting to do. Yesterday Thursday I said I wanted to come get my stuff Friday as I've given her plenty of time. She said I could pick up today at 3:15 as long as I pay her $180 that she claims I owe. First I've heard of this charge and completely dispute it. Now she is saying she is keeping my stuff in lieu of payment. I spoke with county sheriff's office who will provide an escort to retrieve my things. It's work related and her keeping the items is preventing me from working. Does she have any right to withhold my property? Just to be clear I'm not an employee.
Donya G.
This depends on what was agreed to by the parties in the contract. If the contract is silent, did the parties have an understanding as to what would happen? It would be beneficial to have your agreement reviewed by an attorney and advise you on next steps. I can assist you with that review and advise. You can connect with me through the website. Donya Gordon