Kerho,

so have you made it to the EDJ face to face interview yet??

[quote=Broker7]

Kerko,

Your ignorance is painful. You directing the poster of this thread in a blind manner.  You have no knowledge about this situation.

Do you or have you worked for Jones? Have you even seen the contract in question? Do you realize you sign a document stating you will be responsible for training expenses?(I will presume the answer is no by reading your previous posts)

Third, if the law is so clear, how then how has edward jones collected millions of dollars in training cost from brokers that left during the contract period/ violated the non-soliciate clause.  According to you, it is not possible by law.

Civil court??? It goes to the NASD arbitrator. (no appeal) Why don't you do a search on this forum before you post another reply.

[/quote]

Hello?  did you listen to nothing I posted? LOL  I'll say it again:

It doesn't matter what EJ has in their employment contract, you can put anything in there, but it doesnt' mean it's ENFORCEABLE.  It is not a business to business to contract, it's COMPLETELY different than a normal contract.  A company, whether you have it in your contract or not, can not hold employees responsible for the cost of training them TO DO THEIR JOB.

Like I said, consult a lawyer, they'll say the same thing.  EJ is gonna lose, $30k to find out, settle for $25k to be done with it, $5k retainer to respond to their letter, have a nice day.

Now as far as retaining your license and continuing to practice, I can't answer to that but that wasn't the question.

[quote=Broker7]

Kerho,

so have you made it to the EDJ face to face interview yet??

[/quote]

What does that have to do with labor laws?

I will ask you again…have you made it to your face to face interview with EDJ yet???

where do u work kerho?

I also want to add that since you are an employee, you are entitled to be paid at least minimum wage for every hour worked.  In Washington State, the minimum wage is $7.93 per hour.

Now, it doesn't matter what EJ or anyone on the planet says, you are entitled to that and they are in violation of the law if they do not pay you. 

If you work 70 hours per week for 4.33 weeks(monthly pay) you have to earn at least : $2403?  WRONG and here's what few people realize.

Nobody is exempt from overtime completely, nobody.  Some employees are exempt from some overtimes.  To simplify this we say, clerical, management, etc are exempt but here's the real deal:

You are only exempt from overtime if you fall into a clerical/management etc category AND your total salary (on average) exceeds minimum wage + overtime.  Let's take that same senerio and calculate how much you should really earn:

40 x $7.93 = $317.20 plus overtime of 30 x 1.5 x $7.93 = $356.85

$356.85 + $317.20 = $674.05 x 4.33 = $2918.63

Ok big deal, what does this mean?  Call the dept of labor, they'll tell you to record your hours, you do this for a couple months then ask for the appropriate amount of money from your employer.  The employer says no way, call the DOL and let them take over.  Quit because you were harrasses because of your DOL complaint, let the DOL handle all these NASD and EJ people lol.

You can easily rack up 100+ hours per week.  If you walk across town and talk and hand him a card then walk back, and it happens to take you 6 hours oh well, guess they should MANAGE THEIR EMPLOYEES BETTER.  yes, the exact words of a DOJ investigator to me about a bogus complaint.  If you make 2 phone calls per hour while sitting at home and you document them, you are working for the company.  If you wake up every hour and make 2 phone calls you are working for the company and are entitled to be paid for the entire hour.  The employer has to MANAGE their employees, they have to give them certain hours to work, certain things to do, etc.  If you just tell an employee "go for it" it DOES NOT REMOVE YOUR RESPONSIBILITIES AS AN EMPLOYER.  If you put no limits on how many hours an employee can work? then you leave the door open and are legally responsible for paying for all the hours the employee works.  How many hours in a week? I won't even mention paid breaks and lunch time and how much trouble you can get employers into for that LOL  Safety violations?  make a complaint to the DOL because you were not properly trained on how to cross the street.  Oh better yet, tell the DOL you had to climb ladders and you weren't given ladder training HAHAHA  #*%$& would hit the fan.  You just have to be at the ass end of it to really believe it, I been there too many times!

I don't believe most of these posts about EJ because I'm very adept at laws pertaining to employees (had them for over 10 years) and either they hire people who know nothing or somebody isn't telling the whole truth.

[quote=newandconfused]where do u work kerho?[/quote]

I own a business but will depart soon.

[quote=Broker7]I will ask you again....have you made it to your face to face interview with EDJ yet???[/quote]

No and I don't even know how far I will continue but I still don't see what this has to do with anything.  But I'm sure my face to face will be my face to his red face as he gets on his cell phone and have to find answers to questions he's never been asked before lol.

Oh and I'll never sign anything like this until I consult a lawyer.  Sorry, little to late, but I learned the hard way too.

By the way, what company would NOT hire you if you were fired for making a complaint to the DOJ about not getting paid for 100 hours you put in per week? lol

[quote=kerho]

[quote=Broker7]I will ask you again....have you made it to your face to face interview with EDJ yet???[/quote]

No and I don't even know how far I will continue but I still don't see what this has to do with anything.  But I'm sure my face to face will be my face to his red face as he gets on his cell phone and have to find answers to questions he's never been asked before lol.

Oh and I'll never sign anything like this until I consult a lawyer.  Sorry, little to late, but I learned the hard way too.

[/quote]

Kerho,

It has everything to do with this thread, because you don't and never have (or will) work for Jones.  You know nothing about E Jones or the contract in question.  You are not an FA, you are not an attorney.  So can I ask you a question...why are you giving misdirected and false advice to the poster of the thread??

[quote=Broker7][quote=kerho]

[quote=Broker7]I will ask you again....have you made it to your face to face interview with EDJ yet???[/quote]

No and I don't even know how far I will continue but I still don't see what this has to do with anything.  But I'm sure my face to face will be my face to his red face as he gets on his cell phone and have to find answers to questions he's never been asked before lol.

Oh and I'll never sign anything like this until I consult a lawyer.  Sorry, little to late, but I learned the hard way too.

[/quote]

Kerho,

It has everything to do with this thread, because you don't and never have (or will) work for Jones.  You know nothing about E Jones or the contract in question.  You are not an FA, you are not an attorney.  So can I ask you a question...why are you giving misdirected and false advice to the poster of the thread??

[/quote]

FA's don't know squat about labor laws and I don't see any attorney's here?

[quote=Broker7][quote=kerho]

[quote=Broker7]I will ask you again....have you made it to your face to face interview with EDJ yet???[/quote]

No and I don't even know how far I will continue but I still don't see what this has to do with anything.  But I'm sure my face to face will be my face to his red face as he gets on his cell phone and have to find answers to questions he's never been asked before lol.

Oh and I'll never sign anything like this until I consult a lawyer.  Sorry, little to late, but I learned the hard way too.

[/quote]

Kerho,

It has everything to do with this thread, because you don't and never have (or will) work for Jones.  You know nothing about E Jones or the contract in question.  You are not an FA, you are not an attorney.  So can I ask you a question...why are you giving misdirected and false advice to the poster of the thread??

[/quote]

You know I just thought, if EJ only hires people who know as much about labor laws and contract law as FA's here, no wonder they have so many people running around scared and collect so much money LOL

If you are reading this and believing 1 word of what Kerho is saying then you need to search the old posts and read one of the hundreds of posts that contradict him.  Trust me, many attorneys have looked at the contract and found it to be enforceable. 

Getting your legal advice from anonymous posters is about as smart as using those junk faxes to find stocks to buy for your clients. 

Especially when those posters tell you to not worry, you don't have any liability.

Generally I like working with small business owners, but occasionally you get one who thinks he knows everything about everything, including knowing more about your job than you do.

Kerho is giving me flashbacks to the worlds smartest plumber, who "educated" me for over an hour last month before I could steer him to the door.  He had the $$, but was way too high maintenance for me.

[quote=EDJ4now]

If you are reading this and believing 1 word of what Kerho is saying then you need to search the old posts and read one of the hundreds of posts that contradict him.  Trust me, many attorneys have looked at the contract and found it to be enforceable. 

Getting your legal advice from anonymous posters is about as smart as using those junk faxes to find stocks to buy for your clients. 

Especially when those posters tell you to not worry, you don't have any liability.

[/quote]

And I guess EJ's requirement isn't reading skills?  The ONLY piece of advice I have given him is to SEEK AN ATTORNEY.  I know big posts are really boring to read therefore skim the 1st five lines and make up the rest in your head.

I think you need to reread his post, he never spoke of staying in the biz, ONLY quitting EJ. 

[quote=EDJ4now]

Generally I like working with small business owners, but occasionally you get one who thinks he knows everything about everything, including knowing more about your job than you do.

Kerho is giving me flashbacks to the worlds smartest plumber, who "educated" me for over an hour last month before I could steer him to the door.  He had the $$, but was way too high maintenance for me.

[/quote]

What does knowing about contract law and labor laws (which I deal with everyday) have to do with selling securities? LOL  Like I said, brush up on your reading comprehension skills, it opens doors.

Here's some links to begin your journey:

http://employment.findlaw.com/employment/employment-employee -hiring/employment-employee-hiring-contract(1).html

In terms of governing an employee's behavior after employment has ended, employment contracts can limit the ways in which an employee may use confidential or proprietary employer information, or restrict the employee's right to compete with the employer. Such non-competition agreements are particularly difficult to enforce, however, and many states have enacted statutes specifically limiting their effectiveness.  In general, the scope of such an agreement, whether the geographic area covered or the length of time that it lasts, must be no broader than necessary to protect the employer's business. 

[quote=kerho] [quote=Broker7]

[quote=newandconfused]broker, didn’t have 7 before jones, not

producing much at all which is why I think they might be looking at firing

me and I want a backup plan. And I will probably have to find another

industry altogether but would like to have the option to go to another

firm if they will accept me considering I’ve been fired for lack of

performance. lemme know[/quote]

Temporary Restraining Order.

OK…if jones fires you for lack or production, you will not be

responsible for the 75K training costs (it is stated in the contract) But they

will send you a certified letter to comply with the non soliciate. And it is

also highly unlikely that another firm would take you on without any

production history or time in business.

[/quote]

All they can ask a judge to do is issue an injunction, and in

employment matters, unless somebody is publishing their entire

customer list or something as damaging as that, they won’t get it.

People have to remember, in employment contracts, the worst that can

happen to an employee is to get fired. MAYBE solitciting 100 out of

1,500,000 customers (or whatever) isn’t doing enough damage to a

company to warrant an injunction. Granted, after they sue you they can

shut you down if you have a business, but that’s an entirely different

matter. Welcome to the wonderful world of self-employment, you ain’t

got NO protections lol.

Kerho,

Please let us know how your phone interview went.  When is your face to face scheduled?  Please feel free to ask any questions as a company like Edward Jones would be privledged to have you on board.

[quote=Philo Kvetch] [quote=kerho] [quote=Broker7]

[quote=newandconfused]broker, didn't have 7 before jones, not
producing much at all which is why I think they might be looking at firing
me and I want a backup plan. And I will probably have to find another
industry altogether but would like to have the option to go to another
firm if they will accept me considering I've been fired for lack of
performance. lemme know[/quote]

Temporary Restraining Order.

OK...if jones fires you for lack or production, you will not be
responsible for the 75K training costs (it is stated in the contract) But they
will send you a certified letter to comply with the non soliciate.  And it is
also highly unlikely that another firm would take you on without any
production history or time in business. 

[/quote]

All they can ask a judge to do is issue an injunction, and in
employment matters, unless somebody is publishing their entire
customer list or something as damaging as that, they won't get it. 

People have to remember, in employment contracts, the worst that can
happen to an employee is to get fired.  MAYBE solitciting 100 out of
1,500,000 customers (or whatever) isn't doing enough damage to a
company to warrant an injunction.  Granted, after they sue you they can
shut you down if you have a business, but that's an entirely different
matter.  Welcome to the wonderful world of self-employment, you ain't
got NO protections lol.

[/quote]

kerho, they not only can get TROs, they do get them with alarming
regularity.

As has been pointed out before, you're out of your depth on this so
please give it up. You're wrong.[/quote]

The original poster, if you bothered to read the ENTIRE paragraph, was he was wanting the LEAVE EJ and was concerned he'd have to pay the training costs.  He didn't say leave EJ AND find another FA job with another company and continue to work as an FA OR start is own business in the FA industry.

You guys don't understand law.