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2 Answers | Asked in Communications Law for Florida on
Q: Recording conversation in my private home Florida?

I having an issue with my ex-girlfriend that does not leave the house and all the time harassing me, insulting me. And the problem is that she tells everyone that I’m the one doing it making me the bad in the movie.

Now, Can I record our conversation in my own home for my own protection?... View More

Keith Petrochko
Keith Petrochko
answered on Sep 1, 2015

Generally, in any area where someone has an expectation of privacy you would need to give notice that a recording is being taken.

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2 Answers | Asked in Employment Law for Florida on
Q: What constitutes age discrimination on an application?

My wife was recently filling out an online application, and was asked the following question. "Are you over the age of 16, and under the age of 40?" She was not given the option to not answer it. It just seems a little suspicious to me, the way it is worded. This was an app for a... View More

Keith Petrochko
Keith Petrochko
answered on Sep 1, 2015

Simply having that question as part of the application would not constitute age discrimination. However, if your wife feels that she did not receive a job offer, for which she is otherwise qualified, due to answering "no" to that question she should call an employment/discrimination... View More

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2 Answers | Asked in Employment Law for Florida on
Q: Is my employer legally allowed to not pay me overtime?

I work as an Inside Sales Representative. I am considered an exempt employee, even though I have only had more than half my pay be commission 1 month out of the two years I have been there. My employer forces me to work overtime daily and makes me log my hours, but does not pay any overtime... View More

Keith Petrochko
Keith Petrochko
answered on Sep 1, 2015

It may be. There are many more facts needed before a solid answer can be given. If you are not exempt you are entitled to all past due money. If settlement is not achieved and a lawsuit must be filed you may be entitled to double damages, attorney's fees. and court costs. Call an... View More

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2 Answers | Asked in Employment Law for Florida on
Q: I want to know what I can do about another employee putting their hands on me and threatening me

This incident happened at my job where another employee was threatening me and he put his hands on me in the manager on duty did absolutely nothing to rectify the situation and then turn around and suspended me for a day

Keith Petrochko
Keith Petrochko
answered on Aug 31, 2015

Inform your human resources department immediately. If it continue you may have an employment/discrimination claim. You may also have a battery case against that employee.

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2 Answers | Asked in Car Accidents for Florida on
Q: I got in a car accident three years ago which resulted in the other person getting a ticket, now shes filed a lawsuit.

Shes suing me because she said she couldnt work, has mental anguish, cant enjoy life and all these other things that this small fender bender has caused her. A quick google search shows she is presently self employed with her business that she had before and after the accident. I feel all her... View More

Keith Petrochko
Keith Petrochko
answered on Aug 31, 2015

What cold happen? A judgment against you.

If you were served with a complaint/summons you have a small window in which you must reply. Inform the insurance company you had at the time of the accident immediately. They are required to defend you/

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2 Answers | Asked in DUI / DWI for Florida on
Q: Can Florida see a DUI from February of 2000 from Ohio?

I received a DUI in Ohio in 2000. I pleaded no contest (the officer never showed up for court).

I have lived in Florida for 3 years, and recently was found guilty of a Misdemeanor DUI. I'd like to apply for a hardship license in Florida? Can they see this DUI from 15 years ago?

Keith Petrochko
Keith Petrochko
answered on Aug 31, 2015

Yes

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2 Answers | Asked in Real Estate Law for Florida on
Q: Do I have any recourse against an agent or website for falsely listing my house as a foreclosure auction?

My house is not for sale, but I found it listed on a real estate website as a foreclosure up for auction. I have verified with my bank, HOA, and the tax collector that I am current and that there are no errors.

Keith Petrochko
Keith Petrochko
answered on Aug 31, 2015

It doesn't sound like there was any actual damage resulting from this, so you likely do not have a case. Someone who specializes in real estate law may see things differently, so you should schedule a free consultation.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: I was told that if aproved you rent a house you have 48 hrs to sign the lease not the move in date. Is the true?

Also what is a key fee exactly

Keith Petrochko
Keith Petrochko
answered on Aug 31, 2015

That depends on the landlord; it could be true. What does the proposed lease agreement say? A key fee would be a fee for making copies of the house key.

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2 Answers | Asked in Foreclosure for Florida on
Q: What shouId do after I file a Motion to Cancel a Foreclosure Sale with a judge and it turns out to be ex parte?

I won a foreclosure auction for my grandparents and they have already paid in full. Unfortunately, a few days after the sale they realized they couldn't afford the purchase because they didn't do a thorough accounting of their finances. I called the Clerk and asked if there was any way to... View More

Keith Petrochko
Keith Petrochko
answered on Aug 31, 2015

You should see a foreclosure attorney immediately. Make sure that the attorney(s) actually do see cases through to trial verdict. Some attorneys in that field only file motions as delay tactics but dont put up any real fight... essentially, if someone offers you something too good to be true, like... View More

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2 Answers | Asked in Animal / Dog Law for Florida on
Q: My dog hopped my fence an was a aggressive toward (did not hurt) a stray dog which was leashed by my neighbor. Neighb

or is trying to seek retribution, can they???

Keith Petrochko
Keith Petrochko
answered on Aug 24, 2015

Only if your dog caused some form of damage. I recommend adding onto your fence.

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2 Answers | Asked in Employment Law for Florida on
Q: Got wrongly fired from job after working there three weeks.the reason they say they fired me for they say they didn't do

A full background check said that they only did a preliminary check after i've been working there for three weeks got letter n mail saying i could no longer work for family dollar

Keith Petrochko
Keith Petrochko
answered on Aug 24, 2015

Florida is an employment at will state, meaning that you can be fired, barring an employment contract stating otherwise, for any nondiscriminatory reason. If you feel that the reason given was perpetual and that the real reason you were fired was for some form of discrimination, then you should... View More

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2 Answers | Asked in Employment Law for Florida on
Q: I work for a medical transcription company as an employee. My schedule is 9 to 5 p.m. We occasionally run out of work.

When this happens we do not get paid and are expected to make it up later. If we are employees and have a set schedule, don't they have to pay us at least minimum wage for when we are out of work? It's not my fault they didn't have work for me.

Keith Petrochko
Keith Petrochko
answered on Aug 13, 2015

It depends, are you expected to be at the office while waiting for more work? Contact an employment/discrimination attorney for a free consultation where you can provide more facts.

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2 Answers | Asked in Criminal Law for Florida on
Q: I'm 26 years old and I'm "Dating" a 17 year old. With No sexual contact at all. But have kissed her. Is it illegal?

We do talk. But not sexual. We're like friends who spend time together.

Keith Petrochko
Keith Petrochko
answered on Aug 10, 2015

It isn't illegal, but it is very dangerous. I would recommend staying away until she turns 18.

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3 Answers | Asked in Criminal Law for Florida on
Q: Can a 18yr old girl who has become pregnant from a 16yr old boy get charges against her or get arrested ?

Even if the boy gives consent

Keith Petrochko
Keith Petrochko
answered on Aug 10, 2015

Anyone under 18 cannot give legal consent.

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2 Answers | Asked in Contracts for Florida on
Q: i worked as a gunsmith for a company that closed.

They offered to sell me the equipment and tooling for $10650.00. I have a written agreement with them. Last week they offered a local company to buy the equipment and tooling i have in my place for $5000.00. If i give these guys the 5 grand to pay them, can the original guys come to me for the... View More

Keith Petrochko
Keith Petrochko
answered on Aug 10, 2015

Honestly, it depends. Speak to a lawyer as soon as practicable.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Do I need a lawyer?

There was no lease agreement. And myom was all that was supposed to be living there

Keith Petrochko
Keith Petrochko
answered on Aug 10, 2015

It depends on the situation, which I am unsure. A lawyer is never a bad option.

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3 Answers | Asked in Employment Law for Florida on
Q: No, I live in FL. The company I work for is in FL. We have a goverment contract that has us working out of state.

They only pay for travel time from VA to where ever the job is in another different state. Other employees live in VA and we travel together for the jobs. The company pays travel time from VA to job. Shouldn't it be for me from FL to the job and not VA to the job? Company is in FL!

Keith Petrochko
Keith Petrochko
answered on Aug 10, 2015

Maybe, it depends on the specific facts. You should consult with a lawyer.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: If you pay a reservation fee for an apt can the community allow the old tenants to stay and turn you away?

My friend is lives in FL and paid a reservation fee for an apt that was due to be ready on 8/14. He was informed today 8/4 that the current tenants decided to stay and that the community would not have anything until 9/10. Is this legal? Can he request the fee returned?

Keith Petrochko
Keith Petrochko
answered on Aug 4, 2015

Im positive that there is a provision in the lease regarding holdover tenants. If it was an application fee, he probably will not see it returned. If it was a deposit for that unit then your friend should contact the company about the return of his money.

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