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Questions Answered by Tina El Fadel
1 Answer | Asked in Employment Law for Florida on
Q: I'm being sued for unpaid overtime wages, liquidated damages and attorneys' fees. I own a convenience store in Florida

and the employee worked for me for a total of 6 weeks and between 20 - 40 hours in a week. I paid the employee $10/hr and had no contract. The employee quit after the first 3 weeks. However, was hired back 2 weeks later for another 3 weeks but was then let go. In the 6 weeks he was with us he... Read more »

Tina El Fadel
Tina El Fadel answered on Jun 13, 2018

If you were served with a lawsuit it is very important that you hire an attorney as soon as possible as you have to respond to the lawsuit within 20 days or risk having a default entered against you and your Company. Gather all the time cards and information you have on the employee suing you and... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: I got served for a lawsuit about a car of mine that got repossed two years ago? What are the next steps I have to take?
Tina El Fadel
Tina El Fadel answered on Jun 13, 2018

The Summons you received will provide you with instructions on what are the next steps you should take. If this is a county court case ($5,000-$15,000) or circuit court case (above $15,000.00) you have to file a Response to the Complaint within 20 days and serve the same on the Plaintiff's... Read more »

1 Answer | Asked in Construction Law, Personal Injury and Wrongful Death for Florida on
Q: Where does it state in Federal or FL law that homeowners are required to maintain pools in same manner they passed insp.
Tina El Fadel
Tina El Fadel answered on Jun 7, 2018

There is not enough information in this question to answer it fully. If you are renting a property, maintenance of the pool should be listed in you Lease with who is responsible for it. If you do not return the leased property in the same condition you received it, minus some wear and tear, your... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: LandLord signed a letter to resolve lease and return SD as long as i'm out the house by the listed date. Is this legal

I've been in house for about a month which has numerous issues along with bug infestation and horrible dead animal odor. code enforcement has documented most of the issues but i'm just looking to move out by the date given in the signed letter but want my SD returned, but the now... Read more »

Tina El Fadel
Tina El Fadel answered on Jun 7, 2018

Depending on your lease, you may be liable for the entire lease if you move out without resolving the claim with your landlord. If there is an agreement for you to move out on a certain date and the LL to return your deposit on a date thereafter, yes it is legal, make sure it is in writing.

1 Answer | Asked in Sexual Harassment for Florida on
Q: What's the difference between sexual harassment and a giving a coworker a simple compliment?
Tina El Fadel
Tina El Fadel answered on Jun 7, 2018

Sexual harassment is unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature which interferes with an individual work performance which is so severe or pervasive to create a hostile work environment which negatively affects the term, condition or... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Internet Law and Sexual Harassment for Florida on
Q: Practice area question:

If you have person A who video taped person B

through an area where the curtain did not close properly and person B

was not aware of the exposure. Person A video tapes person B without

knowledge or consent as person B was in his/her alone engaged in a

private,... Read more »

Tina El Fadel
Tina El Fadel answered on Jun 7, 2018

This is a crime and you should report it to the police. Florida is a two person consent state, it is a felony for someone to record another without their consent. Further, yes, this is an invasion of privacy as it was an electronic intrusion into a person's private quarters and possibly a... Read more »

1 Answer | Asked in Sexual Harassment for Florida on
Q: Can I file a civil suit for sexual assault? And can I or should I also file criminal charges?

I met an entertainment exec online and we met to talk about doing business together. We met at a public restaurant and stayed there for about and hour. We talked business. Then went to another restaurant and it went more personal. He slapped me on my butt several times while I was walking to or... Read more »

Tina El Fadel
Tina El Fadel answered on Jun 7, 2018

I am sorry to hear that you had to go through this, especially given the Me Too and Times Up movement. The short answer to your question is that Florida does not recognize a civil cause of action for "sexual harassment" so you would have to file under a different theory such as assault... Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: A party owes me thousands. I have his audios & videos. Can I legally refuse to hand this over until I am paid in full?
Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

There is not enough factual information contained in your question for anyone to be able to properly answer it. If you were contracted for work that you were not paid for, than no you do not have to hand over the work until you are paid. However, you need to include more information for me to be... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: On a month to month for over 7 years now. How much notice should landlord give to vacate. can I live out deposit ?
Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

On a month to month lease, the Landlord is only required to give you 15 days notice to move out. The deposit cannot be used in place of rent as the deposit is used for repairs (if any) that need to be made to the property.

1 Answer | Asked in Employment Law and Contracts for Florida on
Q: How long is a signed non compete valid for?

My husband had been with a company for 25 years and signed a non compete in 2001 and recently resigned because the company admitted to having money problems. Is this non compete valid?

Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

Nobody would be able to answer this question without seeing the non-compete. The length of the non-compete should be included in the non-compete contract.

1 Answer | Asked in Employment Law for Florida on
Q: I am thirteen and I’d like to know when I can start working . I am in Florida
Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

You can start working at 14 in Florida--outside of school hours, and there are limited amount of hours you can legally work at 14.

1 Answer | Asked in Consumer Law for Florida on
Q: How do I find out if I’m part of a class action lawsuit against mattress firm?
Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

You would usually get something in the mail advising you of the class action suit. Sometimes the firm handling it will have a website you can visit to enter your information to be included in the suit. There is not enough information in this question to be able to give you any more information than... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If I was fired with no severance and asked to leave immediately, can I be forced to do turnover to my replacement?

I am a city employee. I have no written contract. The policy and procedure manual says nothing about turnover, but they are trying to coerce me into helping my replacement. Do I have any legal obligation to do this?

Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

No, if you were terminated there is nothing more they can do to you if you refuse to help your replacement (unless there is a contract which states otherwise). You especially do not have to do it without any pay. If they are willing to pay you (get it in writing) and you want the extra money, go... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if I was convicted of a misdemeanor from 2012 can it be cleared from employment opportunities?
Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

Depending on what the misdemeanor was for and whether or not you have any other convictions on your record you could apply to get your record expunged. You can do this on your own or retain a lawyer to do it on your behalf.

2 Answers | Asked in Employment Law, Legal Malpractice and Sexual Harassment for Florida on
Q: Attorney who employed me asked me to marry him and exposed himself to me. What can I do?
Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

Call the police and report him and you can also contact the Florida Bar and report his inappropriate behavior.

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: HOW DO YOU GET A COURT ORDER TO RETREIVE YOUR PROPERTY?

MY SONS MOTHER IN LAW HAS HIS CAR IN HER GARAGE LOCKED UP AND WONT ALLOW HIM TO GET

Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

If the car is in your son's name and not in the mother in law's name, why is he not calling the police? Have proof that the car is owned by him and see if they will go to her house. If not, you will have to file a claim for conversion as she is in possession of your son's property... Read more »

1 Answer | Asked in Civil Litigation, Municipal Law, Consumer Law and Criminal Law for Florida on
Q: If I was asked not to return to a store in Florida, is there a time limit to how long I can be trespassed for that store

If there is a time limit, how long is the trespass in effect for? I was just given a verbal warning by the store manager not to return. No paperwork or charges were filed. I am allowed to go to other stores with the same name; just not that location. (I asked the store manager upon him asking me to... Read more »

Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

You should not risk returning to that store location if you were told not to. You do not want to get arrested for trespassing. If you are able to go to other store locations but not one specific store, stay away from that store, period. No need to cause problems for yourself when you can go to... Read more »

2 Answers | Asked in Foreclosure for Florida on
Q: Received summons and complaint for foreclosure of relatives home. I am not on "note" or on complaint must I respond?

The complaint lists only the grandmother by name and the typical tenant jargon and any unknown heirs . I am not on the mortgage note and my name is not on the complaint, only on the summons. She was my grandmother and I do not want the property. This is in fl. Also, must I appear in court which is... Read more »

Tina El Fadel
Tina El Fadel answered on Apr 4, 2018

If you are not on the note or the mortgage, you are being named only as a person who might have an interest in the property. If you do not respond than a default will be entered against you and ultimately a judgment will be entered which will foreclose any interest you have in your... Read more »

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