Legal Questions: do not communicate with the demon at all except through your genie

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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Guy Axlerod: Dec 29, 2008

I have a labor law question. I live and work in New York, Company A was based in NH, and Company B is based in Texas.

I was hired by Company A, to work as a consultant for Company Z. I've been in this position for over 2 years now, but I'd like to change to a new company, while remaining a consultant for Company Z.

However, my contract with Company A has a non-competition clause that says I can't do work for Company Z unless I'm represented by Company A. Let me post the relevant parts of the contract. I assume the agreement is to prevent Company Z from hiring me outright without paying a finders fee to Company A.

quote:

This Agreement entered into May, 2010, between Guy Axlerod (�Employee�) and Company A, inc. (�Company�).
Wheras, Company desires to hire Employee as an at-will, temporary Employee for work to be performed at Company Z (�Client�)
..Snip..
Employee shall be assigned to Client during the term of this Agreement, which is approximated to be 8 months. Thereafter, Employee may be assigned to Client for successive one-month periods, unless either party gives notice of its intention to terminate this agreement, as provided in Section 6 below.
..Snip..
Non-Solicitation/Non-Competition. Employee shall not accept employment as an independent contractor, hourly employee or full-time (permanent employee, or solicit, directly or indirectly, any contract activity or full time employee with Client (or Client�s client for a period of one (1) year following the termination of ths Agreement, without receiving the Company�s prior written consent. In the event of an actual or threatened breach of this paragraph, Company shall be entitled to an injunction restraining the Employee from accepting such employment. Nothing herein stated shall be construed as prohibiting Company from pursuing any other emedies available to the Company for such breach or threatened breach, including the recovery of damages from Employee. The Employee is required to give the Company notice of any solicitation or offer for employment by the Client within 48 hous of the offer or solicitation. Employee further agrees to advise any person or business entity of the existence of this provision at the time of solicitation or offer. The Employee agrees that if sh/he would like to refer, directly or indirectly, candidates for employment to the Client, Client�s customers, or other clients of the Company, the candidate must be referred to and represented by the Company. Any direct or indirect referral of a candidate to a Client or Client customer without the Company�s involvement shall constitute a breach of this Agreement.

I don't know if this might change anything, since the agreement was signed:

Company A was bought out by Company B
Company Z spun off the department I do work for into a new Company Y. Company Y is wholly owned by Company Z.

Is this clause enforceable?

# ¿ Jun 12, 2012 23:19

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# ¿ May 21, 2024 16:39

Guy Axlerod: Dec 29, 2008

What kind of special handling applies to a set of conjoined twins?

Say the twins are stopped by police and they find an illegal substance in their left pants pocket. Are they both liable?

If only one is liable, and they are found guilty, could they be sent to jail with their innocent twin?

If they took a job at McDonalds, would they have to be each payed at least minimum wage?

# ¿ Sep 3, 2012 04:19

Guy Axlerod: Dec 29, 2008

Have you tried asking why it was rejected?

# ¿ Sep 8, 2012 18:36

Guy Axlerod: Dec 29, 2008

Diplomaticus posted:

In some jurisdictions, burglary has a dwelling house requirement, and also sometimes a nighttime requirement.

In NYS:

S 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises.
Trespass is a violation.

S 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he
knowingly enters or remains unlawfully in a building or upon real
property
(a) which is fenced or otherwise enclosed in a manner designed to
exclude intruders; or
(b) where the building is utilized as an elementary or secondary
school or a children`s overnight camp as defined in section one thousand
three hundred ninety-two of the public health law or a summer day camp
as defined in section one thousand three hundred ninety-two of the
public health law in violation of conspicuously posted rules or
regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million
and where the building or real property is utilized as an elementary or
secondary school in violation of a personally communicated request to
leave the premises from a principal, custodian or other person in charge
thereof; or
(d) located outside of a city with a population in excess of one
million and where the building or real property is utilized as an
elementary or secondary school in violation of a personally communicated
request to leave the premises from a principal, custodian, school board
member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
(f) where a building is used as a public housing project in violation
of a personally communicated request to leave the premises from a
housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a
railroad or rapid transit railroad which has been designated and
conspicuously posted as a no-trespass railroad zone.
Criminal trespass in the third degree is a class B misdemeanor.

*Skipping a few*

S 140.20 Burglary in the third degree.
A person is guilty of burglary in the third degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein.
Burglary in the third degree is a class D felony.

http://ypdcrime.com/penal.law/article140.htm#p140.20

# ¿ Sep 17, 2012 23:13

Guy Axlerod: Dec 29, 2008

A "living will" is also known as an advance health care directive, e.g. pull the plug/don't pull the plug.

What you are talking about is just called a "will".

She should probably have one of each.

# ¿ Jan 28, 2013 00:58

Guy Axlerod: Dec 29, 2008

Write a check so you get the canceled check back after he cashes it.

# ¿ Feb 22, 2013 22:59

Guy Axlerod: Dec 29, 2008

supkirbs posted:

Sorry, I don't understand what you mean. I already mailed the money order? But the tracking is showing that it's undeliverable and might come back to me.

When you get the money order back, write a check. That way you don't have to go to the trouble of using a traceable mailing method, since the payment is traceable. If he claims he never gets it, you can put a stop payment on the check and write a new one. You can't do that with a money order.

# ¿ Feb 22, 2013 23:13

Guy Axlerod: Dec 29, 2008

Maybe you should stop cheating on your girlfriend.

# ¿ Apr 7, 2013 22:00

Guy Axlerod: Dec 29, 2008

What is a UA?

# ¿ May 2, 2013 02:20

Guy Axlerod: Dec 29, 2008

A local DWI attorney is airing commercials stating that if you are pulled over for DWI, you should refuse to perform any field sobriety tests until consulting with an attorney. However, in NY we have an implied consent rule. If you refuse to take the BAC test, you are subject to a $1000 fine, your licence will be suspended, and you will be required to install a BAC test ignition interlock on your car.

Do I really get to talk to a lawyer before I blow the breathalyzer?

# ¿ May 17, 2013 01:18

Guy Axlerod: Dec 29, 2008

I saw this video of a guy directing traffic: https://www.youtube.com/watch?v=WPhl5T6FwhI

If came to a intersection where the lights were dead, and decided to stop and direct traffic, could be opening myself up to liability in the event of a crash in that intersection?

# ¿ Jun 7, 2013 21:59

Guy Axlerod: Dec 29, 2008

Could they be trying to claim she is a independent contractor?

# ¿ Jun 8, 2013 15:46

Guy Axlerod: Dec 29, 2008

What Fun posted:

Thank you all for your responses. I've been looking through all the links, and my take is -

She is just basically doing two glorified TA positions. This is for masters education, but I don't know how much that changes things.

This is the big thing though - even if the school wanted to classify her as a "Bona fide Professional", she is not making in excess of $900/week. I believe this puts her back in the general pool of workers in NY that must be paid weekly. I advised her to go ask for a copy of her pay period. Based on what happens, I believe that either

1) They refuse to provide it, and although we are in the right we have to see if a fight is worth it.

or

2) They provide it and
a) Notice "Holy poo poo! We gotta pay this girl!" and problem solved....or
b) Hand it over to her, showing she is in the right by NY law, and then we have to decide how to go about collecting.

Either way, things look mostly good and we both sincerely appreciate your help.

Don't dance around the issue asking for things to "prove" something. She should call up her boss, or payroll, and say "I've been working here for month, when do I get paid?"

# ¿ Jun 8, 2013 18:06

Guy Axlerod: Dec 29, 2008

The March Hare posted:

I'm in NY and I just found a somewhat disturbing thing out about the way payroll is done in my company. We clock in to work using a fingerprint system, so they have the exact hours we have worked every day. If I show up to work later than 8:30 by any amount, I am given some number of points toward the "yo, you are late too often and now you are fired" number. If I am late by 00:00:01 - 00:14:59 I get .25 points. I thought these points where just a tally system, but it turns out that they also simply do not pay you for that amount of time. This means that on days where I have been literally late to work by less than 60 seconds, I am not being paid for an entire 15 minutes of my time. I am expected to work during this time. Is this in any way legal?

Federal Department of Labor posted:

Employee time from 1 to 7 minutes may be rounded down, and thus not counted as hours worked, but employee time from 8 to 14 minutes must be rounded up and counted as a quarter hour of work time. See Regulations 29 CFR 785.48(b).

That makes it sound like your company is in the wrong.

29 CRR 785.48(b) posted:

�Rounding� practices. It has been found that in some industries, particularly where time clocks are used, there has been the practice for many years of recording the employees' starting time and stopping time to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour. Presumably, this arrangement averages out so that the employees are fully compensated for all the time they actually work. For enforcement purposes this practice of computing working time will be accepted, provided that it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.

But this is incredibly vague.

# ¿ Jul 31, 2013 21:54

Guy Axlerod: Dec 29, 2008

Michael Corleone posted:

Hey guys, don't know if this fits here, but feel free to ignore it if it doesn't.

Anyway, what protection does a buyer have when sending a money order? I want to buy some stuff from a private seller online and he says he accepts money orders. This would help me because he charges buyers the Paypal fee when buying from him. Is this the same as sending cash through the mail or using Paypal gift? To be clear this is just a random person from another forum who I trust I guess, just don't want to get screwed. Thanks!

It can be replaced if lost or damaged. Otherwise, none.

# ¿ Sep 26, 2013 03:05

Guy Axlerod: Dec 29, 2008

Didn't you get a survey done before you bought your place?

# ¿ Oct 31, 2013 23:52

Guy Axlerod: Dec 29, 2008

What do you expect to get from them?

# ¿ Nov 3, 2013 18:49

Guy Axlerod: Dec 29, 2008

http://www.txdmv.gov/txdmv-forms/doc_download/1001-vtr-146-change-of-address-for-texas-vehicle-registration
Fill out that form and mail it in.

# ¿ Nov 19, 2013 22:57

Guy Axlerod: Dec 29, 2008

You have the right to finish out the current lease, unless the new owner want to move in. Then you still have a minimum of 90 days notice. http://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/Foreclosure/Tenants-Rights-Regarding-Foreclosure

# ¿ Dec 4, 2013 00:06

Guy Axlerod: Dec 29, 2008

The new owners are going to tell you, they want you to stop sending the old landlord your rent money and send it to them.

Also, this is the text of the law: http://www.gpo.gov/fdsys/pkg/PLAW-111publ22/pdf/PLAW-111publ22.pdf

quote:

In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to�
(1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and
(2) the rights of any bona fide tenant, as of the date of such notice of foreclosure--
(A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1)

Meaning, you have 90 days after you receive notice.

# ¿ Dec 5, 2013 00:26

Guy Axlerod: Dec 29, 2008

The buyer needs to get a In Transit Permit. Giving someone else your plates does sound like a bad idea.

Also, I'm pretty sure the DMV calculates sales tax based on the fair market value of the car, not the price on the bill of sale.

# ¿ Dec 29, 2013 22:58

Guy Axlerod: Dec 29, 2008

You need to send your report to the DMV.

quote:

If the property damage of any person is $1,001 or more, all the involved drivers are required by the NYS Vehicle and Traffic Law to file form MV-104 (Report of Motor Vehicle Accident). File form MV-104 with the DMV no more than 10 days after the accident. The DMV can suspend your driver license if you fail to report an accident.

http://www.dmv.ny.gov/accident.htm
http://www.dmv.ny.gov/forms/mv104.pdf

# ¿ Jan 11, 2014 03:15

Guy Axlerod: Dec 29, 2008

What does the home warranty company have to say? Did they ever pay the plumber?

# ¿ Jan 15, 2014 00:36

Guy Axlerod: Dec 29, 2008

Would these liabilities apply if it were BYOB?

What if the managers said "The office christmas party is BYOB. On a unrelated subject, everyone is getting a amex gift card, wink wink nudge nudge."?

# ¿ Jan 17, 2014 17:17

Guy Axlerod: Dec 29, 2008

TheKennedys posted:

Her ex's dad bought it brand new last summer. I think it's actually illegal to sell used car seats, at least in stores (obviously can't speak for craigslist, but he bought it at a store). It's an Evenflo.

So it was under warranty? Have you tried making a warranty claim yet?

# ¿ Jan 30, 2014 23:41

Guy Axlerod: Dec 29, 2008

I'm interested in the make and model of this hypothetical humidifier. Assuming you can turn it down so it doesn't ruin my walls, I think I'd like to buy one.

# ¿ Apr 15, 2014 12:43

Guy Axlerod: Dec 29, 2008

Queen Elizatits posted:

Oooh interesting I never thought about getting the bank involved thank you. I was just going to let the thing slide and pay the extra charge but then they called me a few hours later and were missing half of one of the fabrics that they charged me for and wanted to know if I would mind just taking it as is for the same price so I cancelled the entire order. I guess I'll give them a few days for it to show as cancelled under my online account with them and if not I will call the bank.

Thanks again blarzgh, your posts are always very informative

They called to see if you would accept half your order at full price? What company is this? I want to make sure I never buy from them.

# ¿ Sep 3, 2014 00:35

Guy Axlerod: Dec 29, 2008

KnifeWrench posted:

I'm in California and recently accepted a job with a sign-on bonus. The wording in the offer letter was "In addition, you will receive a one-time signing bonus of $[bonus], net of required taxes and withholdings [...]"

On the paystub where the bonus was reflected, the $[bonus] amount was applied to the gross and then the taxes taken out, rather than being grossed up such that the net was equal to $[bonus], as I had anticipated. Is this my naivety to legal language? Is this a standard way of phrasing this? Because it seems odd to me to specifically use the word "net" if the amount is being applied to the gross.

I asked HR and they sent me a terse response that amounted to "sorry you were confused."

Sorry you were confused.

# ¿ May 7, 2015 00:53

Guy Axlerod: Dec 29, 2008

Cthulhuite posted:

I have a question! It's about a lease on an apartment.

Living in Nova Scotia, Canada. Recently found out my company are moving my out west, spoke to my landlord and asked to go month-to-month but because I was a couple of weeks past the deadline (three months before the lease is renewed to make changes/cancel lease) he said no and that we'd have to sublet.

lovely, but okay, it's within the law. We can only cancel the lease for medical reasons, nothing job related.

We start looking for someone to assign the lease to, because gently caress subletting from across the country, but due to the fact that we're paying about $2-300 above the going rate for a 2-bedroom apartment because of rent increases over the years, nobody wants to take it from us. We've offered incentives, security deposits, first months of rent, but nobody wants somewhere this expensive.

I don't want to be on the hook for this apartment from across the country - is it worth talking to my landlord and trying to make him see reason, offer a payout on the lease or something like that? Or, should we just cut and run?

If we end up having to do the latter anyway because he won't give us a break on anything, is the reasoning going to go in our favour or against it if he tries to pursue legal action? So far he only knows the province we're moving to, and I'll have other references for our new landlord in the new province.

hosed up situation, but any insight would help a lot!

If your company is moving you, why aren't they paying to break your lease?

# ¿ Sep 6, 2015 18:42

Guy Axlerod: Dec 29, 2008

It sounds like the lease breaking fee is equal to 12 months of rent. That's what your company will have to pay to move you.

# ¿ Sep 6, 2015 19:19

Guy Axlerod: Dec 29, 2008

I see this church is trying a first amendment argument because DC wants to install a bike lane and remove parking: https://www.washingtonpost.com/news...igious-freedom/

I want to say no way because most invocations of 'ma rites' are misguided, but sometimes things are more complicated than I think. Anyone want to school me on constitutional law?

# ¿ Oct 23, 2015 17:32

Guy Axlerod: Dec 29, 2008

Aren't the grounds of a US Embassy sovereign US Soil? Make sure she has the baby in the middle of the visa interview, and that solves all your problems, and saves the cost of the ticket.

# ¿ Mar 2, 2016 23:04

Guy Axlerod: Dec 29, 2008

I'd never want to live in a place where there are rules about erections.

# ¿ Apr 14, 2016 02:47

Guy Axlerod: Dec 29, 2008

Discendo Vox posted:

I would advise getting the largest video camera that you can find, and just have it focused on recorder person's face the entire meeting.

Also some industrial fans to drown out any noise.

# ¿ May 9, 2016 23:03

Guy Axlerod: Dec 29, 2008

Is it really an unsafe condition when there are gators nearly everywhere? That's like complaining you got sunburn while standing in an un-shaded area.

They could put up a "Warning: Alligators" sign, but maintaining a gator-free status would be nearly impossible.

# ¿ Jun 16, 2016 03:13

Guy Axlerod: Dec 29, 2008

evilweasel posted:

He's right. This is the sort of question that (a) depends on the details and (b) you can't cheap out on and go with free advice. The purchaser is not going to be interested in "well, i heard from this guy on the internet..." that he's secure.

The buyer should also retain their own lawyer, because they aren't going to be interested in your lawyers opinion.

# ¿ Jul 14, 2016 23:25

Guy Axlerod: Dec 29, 2008

Have you tried asking HR?

# ¿ Jul 28, 2016 22:35

Guy Axlerod: Dec 29, 2008

Bitchkrieg posted:

No, my concern is leaving (with no notice) and a good reference.

Use a coworker. Why would you list your lovely boss as a reference? Even if they for some reason like you, they will be lovely and make you look bad.

# ¿ Jul 29, 2016 17:46

Guy Axlerod: Dec 29, 2008

terrorist ambulance posted:

Goods. With "enhanced privacy".

Just like Uber, we're disrupting the business practice of "keeping records" and "not dealing exclusively with money launderers"

Dildos? Incontinence products? Embarrassing creams for embarrassing rashes?

# ¿ Aug 4, 2016 21:27

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# ¿ May 21, 2024 16:39

Guy Axlerod: Dec 29, 2008

Nothing is a magic out. Read your first lease to see what it says about end of term. It probably became month-to-month.

# ¿ Aug 13, 2016 13:49

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