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Career Advice

From Marc Cenedella
Marc Cenedella How do you prevent yourself from making the type of mistakes I just made in the headline? My advice is to not trust the computer and to keep it simple.
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Salary

Employment Law 101

In a nation riddled with legal activity, it's wise to familiarize yourself with legal issues which could affect your next job search.

By Bob Olman
Salary When Donald Trump lovingly says, "You're fired," the apprentice hopeful — head bowed and tears welling up — quietly slinks from the boardroom (unless we're lucky enough to see a wild-eyed rant). Then Trump and the rest of the cast have a good laugh and go on with the life of the heavily indebted. While the switch to unemployment flows seamlessly enough on television, real life transitions are rarely so clean. In a nation riddled with legal activity, it's wise to familiarize yourself with legal issues which could affect your employment.

Luckily for you, I've come up with a list of basic thoughts on this very topic. Be forewarned, dear reader, this is amateur hour: I'm not, nor have I ever been, an employment attorney. I've balanced my inexperience with some input from true employment- and contract-law professionals. I should also note that the sample case used is New York state because it's our area of expertise. It is supplied for reference's sake only. Employment law varies from state to state, so you should always discuss your questionable legal situations with local counsel. Let's get started.

1. Get it in writing

If this isn't burned into your brain by now, make 'Get it in writing' your mantra until it is. Verbal contracts are only valid on TV and in the Morocco of the late 1600's. You should always get an employment agreement or offer letter before you start work for a new employer. At the very least it should state the basics of your job, such as function and compensation elements. Anything promised to you verbally should be committed to writing and signed by the employer. This includes bonuses, early reviews, commission rates, benefits and the like. And if something needs to be reviewed by an attorney, don't take shortcuts: Wait to sign until you've had a professional look at the documents.

2. Put it in writing

Don't just leave the writing to someone else. Pick up a pen and get started yourself. For example, if you're being discriminated against, document the actions as they happen. Write down what transpired, with whom, names of witnesses, the date and time. And get into a habit of doing this. If you submit complaints to the HR department or your boss, make sure to get copies. Should you decide to take legal action once you're fired (or when you resign) these notes are your evidence. They're the only thing that credibly separates your story from your former employer's.

3. You're an "at-will" employee

This sword has two edges. Not only can an employer fire you on a whim (minus discrimination), but you can also quit at any time.

4. Non-competes

These are very hard to enforce (at least in the state of NY).

5. Severance pay and releases

Sign one of these and you make it very hard to pursue any claims against your employer. Think long and hard before doing so, especially if you believe you've been discriminated against.

I asked the law office of Amos Weinberg, a practice specializing in employment contract and collection litigation, for more on wages. Here's what they had to say:
"Under a special section of the law (Business Corporation Law, Section 630), if your employer is a non-publicly traded New York corporation which fails to pay your wages, you can hold the largest shareholders personally liable as long as you give them proper notice within 180 days of when you last worked for the company.

Under New York's Labor Law, if you don't get paid on time, you may be entitled to an additional 25 percent of what they owe you (Sec. 198) or, if you're a salesperson, possibly double (Sec. 191). Any deduction from your pay that isn't for your benefit, or to which you didn't agree, may be illegal (Sec. 193), such as a deduction of unearned draw previously paid to you if there was no agreement allowing such deduction (52 NY Jury Employment Relations, Sec. 91)."
So, folks, don't keep yourselves in the dark! Having a handle on the legal issues surrounding your work-life will make your next transition — whether voluntary or not — a much smoother ride.

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