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
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
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
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
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 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 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 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.
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
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
My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.
answered on May 23, 2023
Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... View More
My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.
answered on Jun 1, 2023
Yes, it is possible for your friend to get in trouble if their employer has never asked them to fill out an I-9 form. The I-9 form is a federal form that all employers are required to complete for all employees hired after November 6, 1986. The form verifies an employee's identity and... View More
Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.
answered on May 8, 2023
Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... View More
I work at a storage rental facility and a customer not only broke several of the rules but also indecently exposed himself to me and then grabbed/tried rubbing up on me afterwards. All my company did was make him move out three of his 5 units. I expressed to them how unsafe I feel when he’s... View More
answered on Apr 17, 2023
Sounds like the customer committed a crime, or more than one crime (and is there a video to prove it?). You can report it to the police to see if they will arrest the customer for indecent exposure, etc. - but you may want to run that by your employer first. If the employer would terminate you... View More
independent contractor the contract said your not a employee I'm a consultant,
answered on Apr 7, 2023
An attorney likely needs to review the contract to compare it to the law. However, the first question might be whether you're really an independent contractor or whether you're an employee who has been misclassified. The answer to that could make a huge difference in your rights and... View More
Hi, I would like to know if I have a case on a particular issue. I worked for a company a few years ago and while I was there, they had a system in place for measuring an employee's performance. I mathematically proved that their system was flawed and that they were judging employees with bad... View More
answered on Mar 27, 2023
Generally, no. In most states, employment is "at will". What this means is that, in the absence of a contract to the contrary, your employer doesn't need any reason to fire you. Florida is one of those "employment at will", states, so you wouldn't have standing to... View More
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