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EMPLOYMENT LAW Question ITT
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Date: May 31st, 2023 4:17 AM Author: costumed resort dopamine I am attempting to capture about 150k in deferred comp. Since the market took a shit my job has become utterly unbearable. I do acquisitions primarily but recently have been staffed on an assload of asset management for troubled situations. I want to quit to do something entrepreneurial but I need to save more money—was planning on one more bonus cycle but work has become unbearably bad w/ awful uninteresting work and 80+ hr weeks. Hate that I’m being pushed out and feels defeating to quit and leave all my deferred on the table.
I found in my deferred comp contract that if I leave because of disability all my deferred vests immediately (but payment schedule remains the same). Last year I took a month of medical leave for rehab because of a drinking problem. I’ve been doing much better, but thinking about using this to leave “bc of disability.” Is this possible?
Plan without consulting a lawyer would be to say that my problem is flaring up and I can’t handle the stress and hours of this job. Don’t have time to attend meetings. Cannot maintain my sobriety. This is honestly true—I am struggling and something has to give, but I would quit before drinking.
The definition of disability is any disability that would qualify for long term disability insurance under the plans administered by my firm.
There is also a cancellation event clause that seems to cancel payment of vested deferred comp for competitive activity, which is quite broad and may cover my entrepreneurial venture.
Last thing—I don’t have long term disability insurance but I do have short term. How difficult would it be to get short term disability too? Was no problem when I went to rehab, but I don’t want to go back there.
Taking advice. Tyia |
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Date: May 31st, 2023 11:00 AM Author: costumed resort dopamine (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46374795) |
Date: May 31st, 2023 11:04 AM Author: excitant disgusting den dingle berry If you’re asking whether alcoholism can meet the definition of disability under the ADA, the answer is yes. It needs to be formally diagnosed and substantially limit a major life activity. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46374812) |
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Date: May 31st, 2023 11:33 AM Author: costumed resort dopamine Do I need a doctors note? Do I need to be actively drinking? Who decides? The contract says a disability that WOULD be covered as test (I dont even have coverage). Is competitive activity cancellation valid in CA? (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46374973) |
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Date: May 31st, 2023 11:38 AM Author: excitant disgusting den dingle berry Your own HR should be able to give you the run down on how disability retirement works. Yes you would need a formal diagnosis from a doctor. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46374992) |
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Date: May 31st, 2023 11:48 AM Author: costumed resort dopamine feel like hr would not help me take steps to qualify but rather would seize on my ignorance to get the best deal for the company (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46375039) |
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Date: May 31st, 2023 12:51 PM Author: costumed resort dopamine (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46375270) |
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Date: May 31st, 2023 2:42 PM Author: pontificating garrison bbw Interesting flame (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46375688) |
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Date: May 31st, 2023 2:45 PM Author: costumed resort dopamine Forgot to say not flame. What do you think? I feel like this is a crazy approach but I am legitimately folding at work and would be crazy not to be thinking crazy at this point. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46375706) |
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Date: May 31st, 2023 2:51 PM Author: Indecent Ratface Dilemma Why don't you just "lean in"? (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46375724) |
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Date: May 31st, 2023 2:57 PM Author: costumed resort dopamine There is no way I can succeed with my current workload. I’m trying my best and am just getting stomped every day. Have 8 different managers for one project each and nobody gives a shit about my other staffing. I hear about people being managed out by assigning less work, but I’m getting more and shittier work and feel like I am being pushed to quit or will be outright fired for underperformance if this continues. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46375743) |
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Date: May 31st, 2023 3:17 PM Author: Ocher Outnumbered Skinny Woman Pervert Lol faggot (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46375806) |
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Date: May 31st, 2023 5:22 PM Author: costumed resort dopamine Bootlicker (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46376314) |
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Date: May 31st, 2023 9:39 PM Author: costumed resort dopamine I have been trying all day to get an employment lawyer on the phone and I can’t get in touch with one what is going on (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46377335) |
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Date: June 1st, 2023 2:12 PM Author: costumed resort dopamine (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46379451) |
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Date: June 1st, 2023 2:15 PM Author: french tattoo You need to ask HR for a copy of your LTD plan and find the definition of qualifying disability in that. 99% chance your crazy plan is not going to work, but at least from an analysis perspective that is where you need to start. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46379475) |
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Date: June 1st, 2023 4:09 PM Author: costumed resort dopamine Alcohol use disorder is a qualifying condition under the LTD policy. To get long term you need to be under continuing care and have been on short term disability for 180 days. However, doesnt look like you need to actually get LTD for the benefit to vest. The definition of disability in the deferred comp contract is actually any CONDITION that WOULD qualify for LTD coverage under the plan. Don’t actually have to get coverage under the plan or qualify under the plan. By my read the condition is the important thing.
Getting long term disability is nuanced and there’s a lot of process and rules about amount earned vs pre disability earnings.
At the end of the day I think that this is litigable and a big company like mine will just pay up to avoid the issue if I claim it and have a fair amount of evidence to back it up. |
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Date: June 1st, 2023 5:25 PM Author: french tattoo Well perhaps you have a fighting chance, but these clauses are meant to cover catastrophic events that take away your ability to work. So if you want to play this card I think you’re going to have to go full bore - basically quit outright on the basis that your current alcohol use disorder prevents you from working at all and be prepared to back that up medically. Although a big company they’ll certainly put the onus of you to appropriately establish the disability event (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46380157) |
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Date: June 1st, 2023 4:23 PM Author: Hideous Bateful Sex Offender Dry gulch the motherfuckers. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46379975) |
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Date: June 1st, 2023 8:40 PM Author: costumed resort dopamine (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46380662) |
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Date: June 1st, 2023 4:50 PM Author: Aphrodisiac house-broken stead generalized bond CA? competitive activity cancellation of vested deferred comp is almost certainly going to be an Edwards-style restraint on mobility barred by BPC 16600, not to mention an unenforceable penalty (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46380059) |
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Date: June 1st, 2023 7:24 PM Author: costumed resort dopamine Yes. Thanks I was wondering about that. I actually reread the contract and competitive activity only applies if you quit voluntarily which wouldn’t be relevant if claiming disability. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46380466) |
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Date: June 2nd, 2023 1:00 AM Author: Aphrodisiac house-broken stead generalized bond doesn't matter for the purposes of 16600 analysis. it's operating as an attempted restraint on your pursuit of a trade, profession, or business by dissuading you from leaving to take other work. a noncompete provision, which is effectively what this is, is simply unenforceable in the employment context here. look at muggill v reuben h donnelly - very similar fact pattern. there the plaintiff had to forfeit pension entitlements if he left for a competitor. court slapped that down. (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46381741) |
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Date: June 2nd, 2023 5:16 PM Author: costumed resort dopamine Seems like you have seen 1 or 2 of these situations. If I call my boss and say “this new mix of responsibilities isn’t working out for me—if there isn’t allocation for what I was hired to do you should lay me off” they will let me go without cause so I can keep my deferred? (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46384104) |
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Date: June 2nd, 2023 5:48 PM Author: french tattoo Are you a lawyer? Based on your description sounded like you did something corporate-y in house. A noncompete isn’t going to be enforceable against a lawyer anywhere (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46384187) |
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Date: June 3rd, 2023 1:20 AM Author: costumed resort dopamine I’m in PE (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46385205) |
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Date: June 2nd, 2023 8:38 PM Author: Aphrodisiac house-broken stead generalized bond are there express conditions on when your deferred comp vests and when it gets paid out? is it a bonus subject to vesting requirements? there's a lot of law on that and when an employee is entitled to it. is it equity? cash? what's the exact situation here?
also this is NOT LEGAL ADVICE i'm just suggesting points you can research and raise on your own. |
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Date: June 3rd, 2023 2:28 AM Author: costumed resort dopamine UPDATE:
I talked to my boss today. When I started getting a lot of work outside my usual scope I raised concerns and asked whether this was my only path forward. He said that if I didn’t think it was the right mix going forward “that’s a separate conversation we can have.” Today I said I’m not able to balance with my usual job, i feel disadvantaged, this isn’t what I was hired and promoted to do or what I want to do, and it’s time we have that conversation. He said that he wasn’t going to be able to switch and we should sit down to have a more direct conversation if that’s how I feel. I said I’ll see you in the office next week looking forward to talking in person then.
Do you think he’s gonna fire me?
My developed read is that if I’m fired w/o cause I get all the deferred. |
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Date: June 3rd, 2023 11:38 AM Author: costumed resort dopamine (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46385960) |
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Date: June 3rd, 2023 8:33 PM Author: costumed resort dopamine Bump—what do you guys think will happen? (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46387303) |
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Date: June 3rd, 2023 10:53 PM Author: costumed resort dopamine (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46387594) |
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Date: June 8th, 2023 9:30 PM Author: costumed resort dopamine Update: asked my boss to fire me today. He declined, but told me I was welcome to quit. We’re at an impass (http://www.autoadmit.com/thread.php?thread_id=5348345&forum_id=2#46405742) |