what is the best course of action when a company is forcing you to pay when you did not approve

Can an insurance company force you to pay for your own defense?

Instead, courts recognize that the fact that the insurance company forced its policyholder to pay for its own defense with no guarantee of reimbursement is enough to show that the amount in fees is inherently reasonable.

When is the defense obligation to pay costs effective?

For the defense obligation to be effective, costs must be paid "as they were and are incurred," per the court in Village Management Inc. v. Hartford Accident & Indemnity Co.

Can an insurance company refuse to defend the underlying action?

In the ensuing insurance coverage case, the United States Court of Appeals for the Third Circuit held that the insurance company wrongfully refused to defend the underlying action and awarded attorney fees to the policyholder.

Can an insurance company contest the amount of its own defense fees?

Even after the insurance company has sought to avoid its duty to defend under the policy, it nevertheless may contest the amount of fees the policyholder expended in its own defense.

What to do when a company doesn't give you what you paid for?

If you believe you are a victim of wage theft, you can file a complaint and report your unpaid wages to the U.S. Department of Labor's Wage and Hour Division. When you do so, include information about your pay, job title, hours and other information from your pay stubs.

Can companies say you can't discuss pay?

In fact, employees' right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time.

What would you do if your manager asks you to do something that goes against the policy of the company?

7 Ways To Respond When Your Boss Asks You To Do Something...Repeat The Request. ... Investigate With Questions. ... Consider The Big Picture. ... Enlighten Your Boss. ... Offer An Alternate Solution. ... Be A Team Player. ... Articulate Your Concerns.

What makes a strong retaliation case?

In order to prove retaliation, you will need evidence to show all of the following: You experienced or witnessed illegal discrimination or harassment. You engaged in a protected activity. Your employer took an adverse action against you in response.

What is Section 7 of the National Labor Relations Act?

Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other ...

What does the National Labor Relations Act do?

Congress enacted the National Labor Relations Act ("NLRA") in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.

Can an employer force you to do something you don't want to do?

If your employer is asking you to complete a task that is unethical or illegal, it may fall under violating a public policy. As a result, this would mean that it is illegal for your employer to fire you for refusing to do that task.

How do you answer if you're told by your boss to do something that you feel is illegal What would you do?

Short Answers If it's illegal, I would not do the work and tell my manager that this work is illegal. I would also let Human Resources aware of the situation." "I'd verify if the work was legal or not. If it wasn't legal, then I'd confront my manager and my manager's manager with this incident."

What would you do in a situation where your supervisor has asked you to do something you think is wrong?

Break down the steps you would take, to show how you try to resolve misunderstandings and disputes. Keep the language neutral, and highlight communication strategies over the disagreement itself. Show flexibility, providing a couple of options that show how the resolution might go either way.

What are the three elements of a retaliation claim?

Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation:Protected activity.Adverse action.Causal connection.

What are some examples of retaliation?

Some examples of retaliation would be a termination or failure to hire, a demotion, a decrease in pay, a decrease in the number of hours that you've worked. The cause will be obvious things such as a reprimand, a warning or lowering of your evaluation scores.

What are signs of retaliation in the workplace?

Retaliation in the Workplace: What to Look Out for After You File a ComplaintYou're Excluded or Left Out. ... You're Reassigned to a Different Shift or Department. ... You're Passed Over for a Promotion or Raise. ... Your Pay or Hours are Cut. ... You Encounter More Harassment or Bullying. ... You're Fired from Your Job.

Discuss All Costs and Payment Terms Before You Begin A Project.

Putting everything on the table right away not only sets payment expectations for your client, but also builds the trust necessary for a strong, po...

Send Invoices Right away.

With so many tasks on your plate as a small business owner, it can be easy to lose track of a customer invoice. You may even to forget to send one...

Be Persistent With Late customers.

If a customer won't answer electronic correspondences about their bill, call them – and keep calling every day until they pay."Don't be aggressive;...

What are the rationales for awarding attorney fees?

These rationales generally are founded on (1) the nature of the insurance promise; for example, the nature of an insurance company's duty to defend its policyholder; (2) the theory of consequential damages; (3) the language of particular insurance policy provisions; (4) public policy considerations; and (5) specific statutory provisions.

What happens if an insurance company refuses to defend?

An insurance company's improper refusal to defend the policyholder should entitle the policyholder to recover attorney fees and costs. Although the vast majority of jurisdictions permit attorney fees in coverage actions to some degree, courts in several jurisdictions have limited the scope and applicability of attorney fee awards. This is particularly true in the context of third-party liability insurance. Where the policyholder establishes the insurance company's duty to defend in a subsequent declaratory judgment action, the insurance company should bear the consequences of its wrongful action and reimburse the policyholder for its attorney fees and costs in the declaratory judgment action. For example, in Legacy Partners Inc. v. Travelers Ins. Co ., the court found that under Texas law "an insurer who has breached the duty to defend is liable for damages including the attorneys' fees incurred in pursuing an insurance coverage action." 7

What is the duty of insurance company in declaratory judgment?

Where the policyholder establishes the insurance company's duty to defend in a subsequent declaratory judgment action , the insurance company should bear the consequences of its wrongful action and reimburse the policyholder for its attorney fees and costs in the declaratory judgment action.

What is breach of duty to defend?

In the liability insurance context, a breach of the duty to defend is one event supporting an award of policyholder attorney fees. The nature of the insurance promise as "peace of mind" and "liability insurance" is such that the award of attorney fees to a policyholder in a coverage action protects the value of the "duty to defend" provision.

Is attorney's fee recoverable in Massachusetts?

A number of jurisdictions, which, like Massachusetts, follow the general rule that attorneys' fees are not recoverable by prevailing party, provide for an exception where attorney fees are incurred by a successful insured in a declaratory judgment action where coverage was denied by the insurer. Hegler v.

Can insurance companies appoint defense counsel?

Even when the insurance company forces its policyholder into coverage litigation by denying a duty to defend the underlying litigation, it may nevertheless attempt to appoint its policyholder's defense counsel. However, while it is in the policyholder's best interest to vigorously and efficiently defend the underlying action, the insurance company's interest may be to expend as little time and money as possible.

Can a court award attorney fees in Washington?

In Washington, it is well established that courts may award attorney fees to a prevailing policyholder. According to the Washington Supreme Court in Olympic Steamship Co. v. Centennial Insurance Co .:

What to do if customer can't afford to pay invoice?

If a customer is having cash flow issues and they simply can't afford to pay your invoice in full upfront, setting up a payment plan can be helpful in ensuring you get paid. As part of the payment plan, negotiate an amount that the customer can afford, specifying over what period of time payments will be made.

What to do if you think it's too risky to use an invoice system?

If you think it's too risky to use an invoice system, ask for full payment before starting any work. Mat O'Flynn, co-owner of Gilded Agency, said that the only way to mitigate nonpayments is to bill for the work upfront.

How to show Waldorf that you mean business?

To show the customer "you mean business," draft a demand payment letter.

How to avoid falling behind on Waldorf invoices?

Waldorf advised sending your invoice as soon as a job is completed – and staying on top of it until it's closed out – to avoid falling behind. 4. Be persistent with late customers. If a customer won't answer electronic correspondences about their bill, call them, and keep calling every day until they pay.

What is factoring service?

Factoring services: If you're strapped for cash and don't know when a customer will pay, a factoring service can help you get the money you need while you're waiting. With a factoring service, you sell your accounts receivable to a company for a certain percentage of the accounts' value (usually 70 to 90%).

How long does it take to get a warning if you don't pay?

Set up a system that is backed by a policy or terms of service. For instance, if you don't pay within five days , you get a warning; 10 days, you get a late fee; 20 days, you lose service, suggested Giordano. 6. Set up a payment plan.

Can you ask for an unpaid invoice without being rude?

Many small business owners struggle with how to best ask for overdue payment without being rude. However, regardless of the circumstances, an unpaid invoice hurts your business. You need to act if you want to keep your cash flow healthy; being candid with customers and having some backup strategies at the ready is key.

Why do organizations have to respond to perceived inequities?

To avoid the departures, reduced effort, and costly politicking that these perceived inequities provoke , organizations must respond to those perceptions. Unfortunately, the managerial remedies are often as harmful as the diseases they attempt to cure: Organizations can flatten pay.

Did Harvard move the endowment?

Harvard also moved the management of a much larger share of the endowment to external fund managers, including many who had just departed Harvard. Transparency prompted lobbying for change.

Can organizations isolate people?

Organizations can physically and socially separate those with distinct patterns or levels of pay. Organizations can, in essence, isolate the people likely to provoke others to envy (or isolate those with a basis to envy). An executive of a very large industrial manufacturer shared a fascinating illustration with me.

Is broadcast pay a demoralizing factor?

Broadcasting pay is as likely to demoralize as it is to motivate. While pay transparency may accelerate attention being paid to remedying pay discrimination, managers should consider moves toward transparency with their eyes wide open.

What to do if you feel you have been unfairly treated?

If you feel that you have been wrongfully terminated, discriminated against, or unfairly treated according to the law or company policy, you can get assistance. For example, the U.S. Department of Labor has information on each law that regulates employment and advice on where and how to file a claim.

What to do when your job is terminated?

Your state labor department may also be able to provide assistance. A labor lawyer can advise you, for a fee, and may be able to help negotiate with your employer. It's important to know your rights when your job is terminated and where to get help if you need it.

What to do when you are forced to resign?

Negotiating Terms. When you're forced to resign, you're going to have to leave your job at some point, but you may be able to negotiate your separation from the company . As the company no longer wishes to continue your employment, you may have an advantage in the negotiations—unless you are about to be terminated for cause.

What to do if you don't want to leave your job?

Options for Keeping Your Job. If you don't want to leave, there may be options for keeping your job. It can't hurt to ask questions such as whether there is anything you can do to stay on with the company. If there are performance issues, ask if a performance plan can be implemented, perhaps for a probationary period.

What to do when you lose your job?

If you're not sure about your rights, the best place to start is with the human resources (HR) department. Even if they are in the process of terminating your employment, they can help you transition out of the company by answering your questions, as well as explaining your eligibility for any continued company benefits.

What to consider when resigning from a job?

There are several factors to consider when you resign, including eligibility for unemployment compensation, benefits, recommendations, a possible severance package, what you can say at job interviews, and how the company describes your termination to prospective employers. If you are asked to resign, you don't need to give an immediate response.

What happens if an employer fires you for a lawsuit?

And, if your employer subsequently fires you for filing a lawsuit based on your refusal to perform such tasks, you could probably exercise your rights under whistleblower-protection statutes. But filing a lawsuit simply because you were forced to do something that's not on your job description may not be a prudent use of legal counsel and ...

What happens if you don't perform your job duties?

The company doesn't need to give you a reason, but if you don't perform the job duties your supervisor gives you – regardless of whether they're in your job description – you could risk losing your job.

Can a company terminate you at will?

Almost all private-sector employers reserve the right to terminate you under the employment-at-will doctrine. Unless you're covered under a labor union contract or you have an employment agreement, you can be terminated at will, meaning the company can decide that it no longer wants to employ you. The company doesn't need to give you a reason, but if you don't perform the job duties your supervisor gives you – regardless of whether they're in your job description – you could risk losing your job.

Can you file a lawsuit if you are not listed on your job description?

Filing a lawsuit, knowing when you accepted the job that you could be asked to perform duties that aren't listed on your job description, might not be worth your time and expense.

Can an employer fire you if you are exercising your rights?

One of the exceptions to that doctrine is that employers cannot fire you if you're exercising your rights under public policy.

Can you sue someone for not doing their job?

Suing if You're Forced to Do Job Duties That Are Not in Your Job Description. If your supervisor requires you to perform job duties not listed on your job description that are unethical, unlawful or illegal, you might very well have legal grounds for a lawsuit. And, if your employer subsequently fires you for filing a lawsuit based on your refusal ...

What does a promotion or lateral move into a new position provide?

A promotion or lateral move into a new position provides the opportunity to acquire new skills and/or knowledge. If not, then there is the opportunity to showcase your skills to those judging you and those around you. If it’s a downgrade, it may teach you or remind you of humility and appreciation. If the downgrade is to a position you held in ...

Can you be forced into something you did not want?

Of course, being forced into something you did not want or expect will cause stress and anxiety. This is not something you desired or wanted. It is okay to have some stress and anxiety or even lose sleep the first night. However, the trick to moving from this state of mind is the lens/mindset you use to evaluate the situation.

My boss told me to stop talking to my coworkers about our wages, finances, etc

She told me that I need to stop talking to my coworkers about our wages, or any financial situations we are in.

How Can You Learn to Live With Accumulated Wealth Rather Than Acting Like a Spend-Happy Idiot?

In the last eighteen months some long term investments have paid off, such that I'm now sitting on paper profits equal to 6 or 7 times my annual salary. It's a lot of money, for me. And the advisability of having only paper profits and not realizing the gains isn't really the point of this post. Trust me, I know.

Potential new job wants me to do an 8 hr working interview. Should I?

I applied to work at a dental specialty clinic, specifically for a reception/front desk position. They did a group interview (sorta) yesterday and they reached out to me today asking me to come in for a full day working interview next week.

Employer Hasn't Paid Me

I quit three days ago, I've called the manager and talked to him about when I would get paid, but nothing has returned yet. He also wont answer my texts which is why I call him. This is in California, so I am pretty sure I should be getting my paycheck. Any help as to what I should do?