Retain all documentation and records your company has (electronically or otherwise) regarding that specific employee. Consult with an employment law attorney before making any decisions regarding that employee’s status with the company, changes to their pay, or other employment modifications.
Our attorneys can review the proposed agreement and explain the terms to you. If the attorney suggests different languages, you have the option of having them contact your employer or helping you to suggest revisions yourself.
It means that unless you have a contract (preferably in writing), the law assumes you can quit anytime and that your employer can fire you at any time for any reason or no reason. There are exceptions, though. You cannot be fired for your race, ethnicity, gender, health (assuming you can perform the essential functions of your job or another open position), age, or in retaliation for filing a workers’ compensation claim or for claiming unlawful employment discrimination or a wage and hour claim. In other words, if you don’t have a promise otherwise from your employer, they can fire you without violating the law unless you come within one of those exceptions. Our lawyers can help you figure out whether any of the exceptions apply.
It depends on where you are in the process. In the first go round, the Kansas Department of Labor may deny your claim so that it can hear evidence between you and your employer. At that stage, if you have a reason to dispute your employer’s account of what happened, you need to request a hearing. If you have already had a hearing, it is unlikely you can challenge the finding. This is why it is important to hire an attorney immediately if you want to challenge the denial of your unemployment claim.
It depends. As a general rule, non-compete agreements are enforceable, but the employer must have a protectable interest in your work. So, if you have little to no customer contact or what you sell is very different than what you will be selling in your new job, the limitations may not be enforceable. Contact an attorney experienced in these matters to discuss your particular situation.