The owner of a restaurant I work at allows his wife to take tables and collect tips, taking tables away from his employees to do so. He will even ask employees to come in and work with his wife while paying them a flat fee, and she collects more in tips than the other employee is compensated, even... Read more »
My husband and I moved to Tampa because one of his friends was opening a restaurant, he offered him a partnership, but after us working for almost two months, he gave both of us a W2. Then we realized it was never his intention to treat us as equals. The biggest problem is me, he told me that he... Read more »
You should be paid for all hours worked and at rates which are both consistent with the FLSA, and florida wage law and per any contractual promise. You have rights. Find a wage and hour lawyer or reach out to us. Most wage and hour employees, employment lawyers will be glad to review all of...Read more »
I am a Clinical Research Coordinator in Pensacola Florida. Due to the fact that there is very little research positions available in the area surrounding Pensacola Florida, I want to see if the covenant of non competition that I signed with a previous employer 1 year ago can be challenged
Generally such agreements are enforceable. But you are asking for legal advice re a contract and document and as such you should review with an attorneys and get paid legal advice. Challenging it will require review and perhaps research and legal time and then specific legal advice. I suggest...Read more »
Well certainly that sounds like there would be something to question both by the MD who prescribed it, the pharmacy who filled it and the manufacturer. Glad to explore the facts, but clearly you need to provide more information to me or any other lawyer to really be able to determine if there is a...Read more »
If you mean you are receiving disability wages and receiving pay so being paid more than you are owed or would receive if working or just on disability then there would be an error on either the employer or Insurance company’s part.
You will not have to pay fees. However, you could be obligated for any advanced costs. You will need to read your contract. Many lawyers have agreements that say no fee or costs unless recovery. Your lawyer may have a lien though against any future claim pursued through litigation and...Read more »
No you will not. However you should discuss your options for a lump sum settlement in the Worker’s Compensation case with an attorney. If you die or become disabled because of another accident or injury or simply pass on there’s no value in the case is over. Plus you can settle now and reap the...Read more »
Well if an earlier diagnosis would have precluded the need for surgery then there could be an instance of medical negligence to file a claim. More facts are needed to know whether the earlier detection of the infection would have precluded the need for surgery.
My daughter was (I believe) wrongly terminated by her employer on 4/6/20. She was on FMLA the previous week &non-verbal for mental health reasons & her employer was duly informed of her FMLA week leave. They sent her an email after that requiring her to call in everyday which she... Read more »
If she was approved for FMLA as indicated, she would have a good claim for FMLA interference with rights, and potentially a retaliation claim. Based upon these facts, it is a claim worth obtaining legal representation. You can contact me or anyone else who handles employment claims, and some will...Read more »
I was a production manager overseeing six staff. I had no idea I was going to be let go. Hadn't received any bad performance reviews nor disciplinary action. They even sent me to additional management training only two weeks earlier. And I regularly worked 50+ hrs/wk (salaried). It seems... Read more »
Unfortunately unless you have an employment contract with guaranteed income for a set period of time, you cannot sue your employer for the loss of your job, other than pursue unemployment. A layoff for virus would entitle you to receive unemployment, and moreover, any moment the US government is...Read more »
Yes. The owner is liable as an act of negligence, and if they have homeowners insurance may cover the dog owner for the claim. Not sure of extent of injury. If no medical treatment needed then may not be of much value. Certainly if stitches or more serious injury and medical expenses incurred...Read more »
I have the person's insurance, license, vehicle registration, phone number and some front dash-camera footage of when he hit me. He said he would pay, but he called to insult me and deny anything happened.
You can file a claim with your insurance company and provide the other drivers information and they can go after the at fault driver for recovery of the damages. If you have a license plate And drivers name and information obviously you could still pursue a claim cvilly against the person. However...Read more »
The employee has been with the company for 2.5 years, its an outbound call center job. The reason for working at home is because the doctor requires the person to recover for at least 3-5 days. The job is denying me this, I have FMLA already but this is shorting my pay when the person may need to... Read more »
Arguably you are suffering from a disability with a cancer diagnosis. So then your employer should engage you in a discussion and interactive process in attempting to accommodate the work restriction. If they have a legitimate business reason why you cannot work from home, then they don't...Read more »
when I was terminated. I was not on medical leave when the termination happened. I was at work. That is why I'm concerned about going forward with the surgery. Florida is a right to work state, and an employee can be terminated with or without cause. In my case it was without cause. But,... Read more »
Well certainly if the termination is retaliatory it would be unlawful and depending upon facts there may be numerous other laws at issue, so again I encourage you to get your situation reviewed by counsel and you may as well contact me if you choose
for authorization. While waiting for the authorization I was let go from my job. I just received notice from the doctor's office that the authorization had been approved. And they wanted to move forward with the surgery. Am I still allowed to proceed with the surgery? I don't want to be... Read more »
If the workers compensation carrier has authorized the surgery, and you have not received any notice of denial of benefits, then yes of course the carrier should be paying 100% for all medical treatment and the surgery. The fact that you were let go, assuming because you could not return to work...Read more »
Unfortunately no lawyer and I doubt any medical professional can conclude there has been negligence by any medical professional just based upon this fact. However it may be worth obtaining all records to see if all certain medical protocols that were followed along with any issue of misdiagnosis...Read more »
If you have not exceeded the time requirements you may yet be able to amend your interrogatories and your complaint to assert these damages. However if you have sworn answers or deposition testimony that swears you did not suffer such damages then consideration needs to be made based upon that
The New administrator is Haitian. I am the director of activities and the residents complained to me 2 times during resident council that the staff always speaks in creole outside their rooms daily. I gave my residents council minutes to the administrator 3x weeks ago for her to sign and she never... Read more »
Not very clear. But, if your question is whether you are entitled to overtime pay, that depends on all the facts related to your actual job duties. Being called a "manager" does not make you exempt under the law. Many companies simply put 40 hours on pay stubs. This again does not...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.