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Questions Answered by Mitchell Feldman
1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Since recently, I recently lost my job in June 2024. Since than, I have been having issues with finding employment.

I feel that the employer, has black listed me. Since I was wrongfully terminated.

Mitchell Feldman
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Mitchell Feldman
answered on Oct 15, 2024

If you have proof of false statements to prospective employers and third parties, you may have a right to seek damages under torts, such as slander or libel. That depends upon what was communicated and proof thereof. black listed is uncertain as to what you mean... If someone give an opinion not... View More

1 Answer | Asked in Libel & Slander and Employment Law for Florida on
Q: Can you sue for defamation of character if you are fired after a customer lied about you?

If a customer lied and said that you were rude to them so you were fired. Now you have to put on future application that you were fired. The customer lied about the whole incident.in Florida. I have never had any complaints about me being rude

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The tort of slander prohibits someone from publishing or making a false statement or defamatory statement, known to be false. So while you could make a claim against the customer, a matter of opinion isn’t going to help you if that’s the customers opinion. How would you ever prove the customer... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I have not been paid for my work as an IC in the agreed-to time frame.

I work as an IC in legal transcription. I was working with a staffing agency who had a large client. I left this position in 12/23. The payment terms for my invoices were to be paid 30-45 days after invoice submission. I submitted my November 2023 invoice on December 2, 2024. I have yet to be... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The terms of your independent contractor agreement will dictate what the obligation is of the company to pay you. Beyond that obviously if you’re not paid money that you’re due pursuing to contractual agreement then of course you can pursue legal action. But we would need more fax to determine... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I have intermittent FMLA and had to call out last minute from my job and I received a Corrective action 13 days later

I spoke out against unethical practices at the job and I feel targeted

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

That’s the whole purpose of the FMLA. The prohibits interference with your rights to have off time and so if the corrective action is related to you missing time, then it’s improper, but that one incident alone isn’t enough to make a legal claim without more but you certainly can voice your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if...
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1 Answer | Asked in Employment Law for Florida on
Q: An ALE company for 8 months now breached their contract by not offering me health benefits - should I use a lawyer?

The contract specified I'd get insurance after the waiting period.

Also I believe this would meet the requirements to report them to IRS due to the Shared Responsibility Payments Act for equal opportunity of all employees to receive and be offered equal opportunity health insurance.... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

It appears that your employer is willing to rectify the situation. So your only harm would be if you had to seek out medical treatment in the past, and had to pay out-of-pocket because you were not covered. I would suggest you discuss that with your employer before resorting to legal action.... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My previous employer terminated me and wanted train my replacement in order to work 2 additional weeks. Is that fair?

I was an Inventory Specialist for Comfort Temp Heating and Air in Gainesville, Florida. On 7/13/23, I was terminated from that employer. At 6am that day, I was told but my peers that the CFO, C.W. felt that the position and I was no longer needed with the company and they it was being discussed... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

If you believe there are other reasons for your termination, other than a financial reason by your employer, then I suggest you consult with your employer. As an employee at Will, you can be terminated for any reason at any time, and your employer has no obligation to provide you two weeks of work.

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1 Answer | Asked in Employment Law for Georgia on
Q: Black listed and discriminated.

I feel that I getting black listed from my ex employee

Mitchell Feldman
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Mitchell Feldman
answered on Oct 15, 2024

The question is unclear. I assume you mean from former employer. If there is any instance of a former employer communicating false information to other persons or entities that may be actionable torts, such as slander, libel and tortuous interference. If you suffered harm financially, then you... View More

1 Answer | Asked in Employment Law for Florida on
Q: Am I entitled to pay for suspension turned into unpaid leave after being exonerated of alleged misconduct?

I work as a maintenance technician at an apartment complex.

On Thursday 18th January, iwas placed on 3 days suspension pending the results of a drug screening. I was out from work for 6 days. On Wednesday 24th I was told by the HR manager that I was infact on unpaid administrative leave. At... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

Generally speaking, if you’re working for a private employer, they can do what they want. If you had a contract at guaranteed you income, then I think you have a potential claim.

1 Answer | Asked in Employment Law for Florida on
Q: I want to know if I entitled to overtime if Im titled as a salaried exempt employee. (Manager title. )

I work overtime daily and even the weekends. My title is manager but my duties do not reflect the title. I have no Managerial responsibilities at all. I “ supervise “ 3 employees, but have no say in hiring or firing. I am basically the same, but I have a title and am exempt from OT.

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

Your title, as a manager, has no bearing on whether you’re entitled to overtime under the fair labor standards act. The question is whether you meet an exemption under the law based upon facts. For instance, if you are a salaried employee and supervise two or more full-time employees and direct... View More

1 Answer | Asked in Constitutional Law, Employment Law and Libel & Slander for Georgia on
Q: What should you do if your employment was terminated based on libelous statements?
Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

It’s hard to answer this question when I don’t really understand the facts of what you mean. Employer can fire employee unless they have an employment contract for any reason whatsoever but anytime they want to. This would be in the private sector. An employee in the public sector would have... View More

2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... View More

Mitchell Feldman
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Mitchell Feldman
answered on Sep 11, 2022

Additionally the injured person will make a claim against your employer. But if there’s any employment law issues aside from work comp such as not being paid for this time or other overtime consult an employment lawyer

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3 Answers | Asked in Employment Discrimination for Florida on
Q: Is it legal for a restaurant owners wife to collect tips?

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... View More

Mitchell Feldman
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Mitchell Feldman
answered on Apr 7, 2022

An owner of a restaurant not may not take the tips of its tipped employees

If you need any help reach out to me or any other employment lawyer

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1 Answer | Asked in Election Law and Employment Discrimination for Florida on
Q: How can I get the work I did for and get paid? I just want what was offered to me, what I worked for.

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... View More

Mitchell Feldman
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Mitchell Feldman
answered on Apr 23, 2021

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... View More

3 Answers | Asked in Employment Law for Florida on
Q: I am looking for advice regarding a covenant of non competition in the state of Florida that I signed

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

Mitchell Feldman
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Mitchell Feldman
answered on Feb 8, 2021

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... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: i have question about a medication that messed up my life

i took a medication for six days and dead three time . and was on lifesupport for six days it has caused me to go on disability

Mitchell Feldman
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Mitchell Feldman
answered on Jan 28, 2021

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... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: how can i change my workmans comp lawyer without cost

I feel my lawyers is not doing enough to help me on my case as result my injuries are not getting better they are getting worse

Mitchell Feldman
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Mitchell Feldman
answered on Sep 20, 2020

You can Ask them if they will waive their fee lien. But if they incurred advanced costs on your behalf they should be reimbursed upon a settlement, but again they can waive it too.

All you can do is ask

1 Answer | Asked in Workers' Compensation for Florida on
Q: if your out on workers comp getting paid can your employer pay you on top of that?
Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Aug 18, 2020

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.

Another good reason you should retain a lawyer.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Will I have to pay any fees if I fire my workers comp lawyer

I want to fire my lawyer and drop my case

Mitchell Feldman
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Mitchell Feldman
answered on Aug 13, 2020

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... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: I have lifelong workers' comp benefits. If I receive money from an inheritance, will I lose or have to repay benefits?

And does it make any different if the money is inherited directly or if it's in a trust for me?

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jul 5, 2020

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... View More

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