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My boss wants me to sign a contract as in Independent Contractor that has a noncompete and also a survival clause saying that the section 8 noncompete is subject to the survival "sections 4,5, and 7 through 13 shall survive the expiration of the Term or the termination." So I can never... View More 
answered on Aug 9, 2023
1. I would not sign it without review from an attorney.
2. I would not sign it.
3. The terms and duration would most likely be overbroad in territory and time and not enforced.
4. Keeping a person from doing their profession or working in their state of residence is... View More
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answered on Aug 7, 2023
In "at-will" employment arrangements, which is common in the United States, employers generally have the flexibility to make these decisions as long as they comply with applicable laws and regulations. However, if there are labor agreements or contractual obligations in place that address... View More
My girlfriend just recently had her hours cut and her job threatened after she told her boss that a "manager" was unprofessional in her approach of informing my gf of a new "policy." The manager verbally abused my gf and told her if she "didn't like it she could... View More
answered on Aug 7, 2023
There is no such thing as "a case of employment harassment" that can be made into a claim for money damages. There are certain types of legally-recognized claims in which harassment may be a related fact issue, such as in cases of unlawful discrimination based on age, sex, race, color,... View More
im 15 and work in florida for southeastern constuction
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answered on Aug 2, 2023
In Florida, the child labor laws apply to minors who are being homeschooled as well. As a 15-year-old, you are subject to certain restrictions on the number of hours you can work and the times you can work while school is in session.
During the school year, minors who are 15 years old may... View More
I should fill out to make this determination. I am not sure if my employer can retaliate if I fill out this form to make this determination. What is the best route I could take in this situation? Is there a way I can try and avoid retaliation? I live in Florida.
answered on Aug 1, 2023
Many employers deliberately misclassify employees as independent contractors, that way the employer can avoid paying their share of Federal and State employment and uninsurance taxes. You need to discuss with a local FL attorney about your rights, you may have other types of violations- improper... View More
Is it legal for a City Official working for 2 different neighboring towns in different positions, to a write an official recommendation/inspection in the name of Town A using his job title of Town B? With the official header head and seal of City A he does not currently hold said position in and... View More
answered on Jul 26, 2023
Your inquiry begs the question of, why is it a problem for you? The answer to your inquiry probably depends on whether Town A officially permits him to do that.
I work for a medium to large WFH company I started a few months ago for training but as of last week I have graduated to production. Last week something happened with my phone number and I had to change it, I forgot the password to the personal email that I used to receive a code that is necessary... View More
answered on Jul 23, 2023
Your inquiry does not give any facts that would form a basis for asserting that you are the victim of unlawful discrimination. Discrimination, in the employment law context, means that you are being treated differently than co-employee(s) who perform the same or similar job functions, and at the... View More
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
answered on Jul 22, 2023
It may not be fair, but that's a different question than, "Do I have any legal remedies?" To answer that question, you must schedule a consultation with an attorney handling employment law. It sounds like the employer was portraying this as a layoff, not a termination for anything... View More
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.
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
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
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
I relocated from CA to FL for a job. The contract states relocation $$ must be paid if you leave the company within 2 years. If I stay with the same company but move home to CA and continue to work for them, do I owe them the reolcation money still? The company has offices in both CA and FL.
answered on Jul 16, 2023
No, assuming the text of the contract doesn't provide otherwise, you don't have to pay it back.
Previous employer let me go in january. Ive made attempts to return laptop equipement. They say theyll get me the stuff tomorrow but never respond.
They sent a response after 3 months of no response asking if i would like to buy the equipment. I said no. They have not since responded.
answered on Jul 8, 2023
It is the employer's property. You need to protect yourself from a later false claim that you wrongfully retained it. I would suggest a letter sent by Certified Mail, return receipt telling employer that you will hold the property for an additional 15 days and then will consider it abandoned.... View More
answered on Jul 8, 2023
As my colleagues have stated, as a Criminal Defendant you are entitled to: 1. hire your own lawyer at your own expense; 2. have an attorney appointed by the court to defend you if you cannot afford to hire one (except in infractions or traffic matters- where your freedom is not at risk); or 3.... View More
I need to provide a copy of my lease agreement before payout, which is fine. But is my employer allowed to contact my landlord to verify the lease?
answered on Jul 2, 2023
If the terms of the relocation offer are that the employer will pay off the lease, how else is your employer to determine you are being accurate about the payoff amount? Without coordinating with the landlord, the employer risks a double-payment.
We had an independent contractor help us at a daily rate. We own a handyman business and needed an extra set of hands. He botched the job significantly and caused property damage to our home and property. Our truck has overspray all over it, drive way is covered in paint, mailbox covered in paint... View More
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answered on Jun 30, 2023
Yes, sounds like you may have a claim for damages. The question is- how much? It may or may not be worth hiring a lawyer.
Good luck.
They have never done so before and if they do send the hours they send it individually. I feel like this was a form of embarrassment and invasion of privacy.
answered on Jun 19, 2023
Your phrase, "photo of everyone getting 9 hours and me getting 6" is not understandable. I suggest you post an inquiry with a few more details to explain that.
My employer stated this:
Regarding your final pay, your next paycheck will be deposited directly into your account, and your last paycheck will be available for pickup at the office.
We kindly request that you come to the office to collect your check and sign the termination... View More
answered on Jun 15, 2023
They don't have to pay you electronically (unless an employment contract provides otherwise), so go to the office, collect the check, and, if you like, refuse to sign the letter.
My coworkers are noticing that my boss is treating me differently. It's really embarrassing and feels like harassment.
answered on Jun 13, 2023
As long as you don't need to perform work during your lunch break and the break lasts at least 30 minutes, then your employer isn't violating any wage laws. However, if there are other ways your boss is treating you less favorably than your coworkers based on a protected class... View More
I am a public school teacher for over 5 years
answered on Jun 6, 2023
You should review your contract and your collective bargaining agreement. Have you contacted your union rep? Whether they can terminate you will depend on the language on the agreements. Do either mention clarity of speech as a physical requirement for your job? You also may want to contemplate... View More
answered on Jun 5, 2023
It is likely closer to the $1,100.00 and not the $1,800.00.
There are a few ways to calculate you lost wages under workers' compensation. First is setting your average weekly wage (AWW). To do that, your earnings during the prior 13 weeks could be used. It sounds like you just started... View More
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