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Questions Answered by Mr. Lowell J. Kuvin
1 Answer | Asked in Employment Law for Florida on
Q: Will I get back wages if another ex employee sues the company I work for for unpaid wages
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 9, 2012

You can if you join the lawsuit and make you r demands known the employer.

1 Answer | Asked in Employment Law for Florida on
Q: I have a final default judgement against a former employer. How do i get my money?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 9, 2012

You need to serve an affidavit in aid of execution on the defendant who will have to list all of his assets, then you can file a writ to be able to gain possession of bank accounts and personal property which is non exempt.

1 Answer | Asked in Employment Law for Florida on
Q: I'm owed accrued wages & severance pay from previous employer; I was laid off last June-can I sue for payment?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on May 26, 2011

Yes you can sue and you may be entitled to double damages.

1 Answer | Asked in Employment Law for Florida on
Q: I am currenly a victim of enterprise unpaid overtime but I am scared to file a lawsuit because Im currently emplyed ....

Im currently empoyed with ERAC and I am victim of unpaid overtime as an assistant manager, but I am scared to file a lawsuit because I do not want to lose my job and not be able to find another job that pays equivilent. What should I do?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on May 26, 2011

You should contact my office to discuss other options which can help you keep your job and still participate in a lawsuit. We handle these kind of matters all the time.

1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for me to work past 8 hours with no lunch break? can I do anything? Same co. for 5 years.

Managers take lunch daily, sometimes they pass by me, see that I am swamped and dont even bother to help, offer to get help for me or offer to bring me lunch back. Today I arrived @ 6:50am until 5:17p. Was able to use the bathroom once, and was unable to take any kind of break.

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on May 26, 2011

Florida law does is silent as to "breaks." However, Federal laws may help. It would depend on who you work for and your job responsibilities.

1 Answer | Asked in Employment Law for Florida on
Q: What kind of compensation do you get for suing for overtime?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on May 26, 2011

It depends on the law you use. However, if you prevail and you prove employer knew they were violating the law, you should get what you are owed, plus an amount equal to what you were owed, plus attorney fees and costs. Make sure you hire an attorney who knows employment law because it is very... Read more »

1 Answer | Asked in Family Law for Florida on
Q: How do I eject a relative from my house in Florida
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Mar 24, 2011

If they do not have a property interest in the home; ie lease or joint tenant, you evict them the same way you would anyone else. Put a three day notice on their door, and them if they do not leave, file an eviction complaint in the county court and have them served. The rest is up to the court.

1 Answer | Asked in Family Law for Florida on
Q: CAN I APPEAL A JUDGES DECISION ON AN IMMEDIATE POSSESION CASE, WHERE MY EX IS SEEKING OUR DOG.

She ruled in is favor without looking at my evidence just because he had old vacination records, from years ago. I had e-mails proving the animal was both of ours, and that he did not ask for him back until he realized I would never take him back. He even sent me a text after court stating sad all... Read more »

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Mar 24, 2011

Believe it or not, but I had almost the same thing happen to me with a dog. The answer to your question is yes, you can appeal the decision of the court. Most likely the appeal must be filed within 30 days. If you wait 31 days, you are too late and the court will reject the appeal. There is a... Read more »

1 Answer | Asked in Family Law for Florida on
Q: I had an injunction on me which I violated, and it got lifted.

My husband filed an injunction against me. I violated it and went to jail. I missed the Hearing for the injunction but I know it was lifted. Does state still enforce that injunction?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Mar 24, 2011

If the injunction was lifted then there is nothing to "enforce." However, the fact that you violated the injunction and were arrested is still a valid charge and can be prosecuted.

1 Answer | Asked in Family Law for Florida on
Q: Not married, splitting after 20 years in Florida

We have lived together for 20 yrs, raised 2 child together. we own home & property in joint names. He wants to split, tells me i will get nothing, is this true?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Mar 24, 2011

Without more facts, it is very difficult to answer your question. However, if you purchased the house together, then you will still own your portion even after you split.If only his name is on the deed, there is a principal in Florida law called "equitable estoppel" which would most likely apply in... Read more »

2 Answers | Asked in Family Law for Florida on
Q: If extended family was given temporary custody of my child what do I have to do to get custoy back
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Mar 24, 2011

You have to petition the court to change the order which granted temporary custody of your child to the extended family.

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1 Answer | Asked in Consumer Law for Florida on
Q: Super Bowl no all the people who paid for tickets could watch the game is it a fraud?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 18, 2011

FRAUD occurs when all of the following elements exist:

* an individual or an organization intentionally makes an untrue representation about an important fact or event;

* the untrue representation is believed by the victim (the person or organization to whom the representation has...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: FLORIDA STATUTE 83.682 INCLUDES FEDERAL EMPLOYEES?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 18, 2011

No, Fla. Stat. 250.01 (19)?“Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces.

1 Answer | Asked in Employment Law for Florida on
Q: ARE THERE APPEALS /RIGHTS FOR SELECT EXEMPT EMPLOYEES i LIVE IN FLORIDA WITH THE MOST CORRUPT "GOOD OLE' BOYS CLUBS"
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 17, 2011

By using the term "exempt," I assume you mean exempt from overtime. The analysis of whether an employee is exempt from overtime is very complicated and usually depends on job responsibilities, not the title of your job. I would suggest you contact a lawyer who specializes in employment law and... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: What rights does an employer have to recover tuition or scholarship money if the employee leaves due to family relocatio

Can they take all my money for last two checks to pay toward the debt. Do they have to negociate a fair payment plan?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 17, 2011

Any "right" an employer has to recover tuition or scholarship money will be contained in the agreement or contract which you signed or agreed to by accepting the monies for school. You do not outline any prior agreement or contract with your employer in your fact pattern so your question cannot be... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: What does failure of defendant on bail to appear/felony charge mean?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 2, 2011

It means that the person who was arrested for a felony and was out of jail on bail failed to appear for a hearing in front of the judge.

1 Answer | Asked in Employment Law for Florida on
Q: Can i be fired after working at a major hospital because i don't fit into the department anymore
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Feb 2, 2011

Florida is a right to hire, right to fire state. An employer can fire an employee without cause. The employee's only recourse is to collect unemployment benefits. But, an employer cannot fire an employee for a reason protected by law such as race or sex discrimination. Additionally, employees who... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: House raided warrent provided after wards no rights being read if stuff takin out of house is that still good evidence
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 30, 2011

This is a two part question; 1. Do the police need to present the warrant prior to entering the property ? and 2. Does lack of Miranda warning invalidate evidence? 1. The police do not have to present the warrant prior to entering the house. However, the warrant does need to be issued by the judge... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can an error by DMV on the registration allow police to do a search of a vehicle because of a smell in car
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 30, 2011

There are two issues that need to be satisfied to searching a car; 1. probable cause for the traffic stop, and 2. Probable cause to search the car. If either element has not been satisfied, then the search can be suppressed. Generally, Florida case law allows for the search of a car without a... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can you get a prenupt after you get married?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 30, 2011

Yes, it is called a post-nup.

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