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answered on Aug 27, 2019
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... View More 
answered on Aug 16, 2019
People are always shocked by this, but in Florida you are not entitled to this time. It is not "banked" in the sense it is yours at the end of the employment as it is is some other states.
He was gifted 33% of the business, he is resigning, is their case law to support he could not work for a competitor as long as he owns a third of the business?
answered on Aug 9, 2019
You are going to have to do your own legal research, but (assuming it's a partnership or LLC and not a corporation), a good argument can be made that any work he does in the same type of business is work done for the business and therefore profits should be paid to the business.
In... View More
I was openly verbally threatened with great physical harm by an employee while in the presence of management (who witnessed the threat spoken), who then claimed they were unable to take action due to the absence of physical contact....is this true? is it legally feasible to sue my employer? I... View More
answered on Aug 5, 2019
They can take action. They can investigate, suspend, fire that person and/or make sure you aren't working together. You may be able to take action against the employer for several causes, such as negligent hire/retention of that employee. You may need to file with an administrative agency... View More
answered on Aug 5, 2019
Yes, it is legal for employer's to ask for your SSAN during the supplication process.
arguing they gave me a check but I am paying back half of the amount on a per paycheck basis. They created a hostile environment and recently called me into HR for making a pot of coffee that office services was to make. Said I sent an office-wide email announcing I did same. This all untrue and... View More
answered on Aug 5, 2019
Unless you find some way to quell this silly dispute you may be out on the street looking for another job soon. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... View More
answered on Aug 5, 2019
1. If you are attempting to ask a follow-up question to an earlier Q&A it will not work.
2. If this post is your first try, it will not work either; why?
3. Because lawyers need to know much more about your situation than you have provided.
4. For example,... View More
answered on Aug 2, 2019
Unless the employer has some legal reason for doing so it is unlawful to withhold wages.
It's two people, and one lives in another country
answered on Jul 29, 2019
Yes. Cyberstalking is now being recognized as a crime.
I am left without legal representation because the attorney I hired removed himself from my case two weeks before the statue of limitations expired after I was persistent in my desire to go to court after almost a year of unsuccessful negotiation attempts. I have not been able to get another... View More
answered on Jul 29, 2019
Since you took the time and trouble to ask this same question twice, I will take the time and trouble to give you the same advice I gave before:
"You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay... View More
I was fired from my job via text message immediately following my text to my boss asking about a $2000 discrepancy in my first paycheck. I hired an attorney a month later to help me recover wages. He sent a demand letter and my former employer refused to negotiate a settlement and to this day has... View More
answered on Jul 29, 2019
You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages is not actionable as employment discrimination unless you have evidence that the employer failed to pay you the correct wages because of your gender,... View More
I work in Ft Myers and I work in an old bank building, but everywhere else is residential.
answered on Jul 25, 2019
Yes. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these employment decisions based... View More
answered on Jul 23, 2019
Your employer has no legal right to withhold your entire last paycheck just because they have to make a new set of keys. If they do not give you your last paycheck, or a check for the same amount minus the actual cost of replacing the keys you lost, try calling the Florida Department of labor and... View More
My new employer gave me a non compete clause that states I can not work in medical coding for 24 months after serperation from them wether its voluntary or involuntary. How is this legal? So if they fire me they can turn around and nail me for getting another job doing what my career is in?
answered on Jul 16, 2019
Without reading the entire document--and knowing that Florida judges generally do not like overbearing non-competes I am concerned about the lawful ability of your employer to force you to sign a non-compete and then turn around and fire you--without cause--and then prevent you from seeking... View More
When I told them I had to see what the doctor said they told me if I did not attend that basically I could not return back to work for them
answered on Jul 5, 2019
Like many people in Florida, you are under the misunderstanding that your doctor's opinion about your alleged health problems somehow controls everything your employer wants to do. It does not.
Being out on short-term disability may be appropriate in your situation; but it does not... View More
I had an injury that required me to be out of work for about six months. I received long term disability benefits from my employer. I was then told that I had to return to work by a certain date or my position would be terminated. I went back and three days later was put on inactive employee... View More
answered on Jul 4, 2019
If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... View More
answered on Jul 2, 2019
Florida has three different statutes in two different chapters: 2 years, 4 years or 5 years. The federal statute is 4 years.
Basically what I signed says I can't do anything similar to what I did there (healthcare licensing) for 3 years anywhere in the country. I am now a healthcare recruiter for an anesthesiologist group and have been for a little over a year. Although it's not licensing, it does follow a... View More
answered on Jul 1, 2019
In my professional opinion the non-compete is unenforceable because of the scope (entire nation)--however, if the job is an identical position to your previous job, within say 40 to 50 miles of where you work now, you may have a problem. Hire an employment lawyer to defend you.
answered on Jun 28, 2019
No, it might be a mistake--but it is not illegal. Unless you already know that you were overpaid you should talk to the payroll department and try to find out what happened.
answered on Jun 26, 2019
Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the filing fee and then pay another hundred bucks or so for service of process. Finally, if a court of law... View More
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