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january 31 i was falsely arrested when an ex of mine lied to cops saying i hit her. i was taken to jail for a few days and now its been a few months. im currently in the process of getting my record expunged and im applying for my insurance license and its asking me if “in the past 12 months have... View More 
answered on Oct 29, 2019
You are holding out false hopes of somehow being able to avoid your past criminal record by "getting it expunged." I am NOT advising you not to keep trying to get the record of your prior arrest expunged; all I am telling you is that the question you are now being asked by the Division of... View More
Can a insurance company give new hires a cheat sheet of answers to the 440 insurance exam? Also cheats on cms
My insurance company I recently started working for gave the whole class before and after me as well as my class a cheat sheet with all the answers to the 440 insurance exam. The... View More
answered on Oct 28, 2019
I am sure there is a way to file some sort of complaint; however, I am not sure what the Department would do with it.
You must also know that--if you do complain--you will likely not be well-liked among your peers, not in the Department.
Example it can be wednesday and I could have 40 hrs overtime and come in late thursday 4 hrs they are making me use my PTO for the 4 hrs even if I have 40 hrs overtime. Which the company is private and follows federal guidelines and is in florida. We have weeks where we are on call and get 40-60... View More
answered on Oct 28, 2019
Although is sounds difficult to believe--that any company that "follows federal guidelines" requires or even allows its employees to "work 40-60 hours overtime plus (your) normal 40 hours" if this true you are advised to seek legal assistance from a labor & employment lawyer immediately.
My dealership recently set up a fining system where you get $100 deducted from your check if you drive over 4mph in your car or in their golf carts on dealership property (they bought a radar and set it up at the entrance), if you eat or store food or drink outside of the break room (no water or... View More
answered on Oct 28, 2019
Generally, yes--your employer can "assess fines" as a way to enforce employment rules that are apparently being ignored. 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... View More
I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... View More
answered on Oct 22, 2019
This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... View More
I am a 17 year old in Florida, and I have worked 8 hour days without a break, and I have worked even longer days with maybe a 15 minute break. This is not every day, but my boss also constantly has me moving heavy boxes and going up and down a dangerous set of stairs that is almost like a ladder.... View More
answered on Oct 21, 2019
There is nothing "legal" you can do. If you are unhappy with the job then all you can do is find another better job.
I was fired from my job for "underperformance to achieve pre-established sales goals". However, my managers only gave me an inclination of what my sales goals would be during the interview process for the role. I was not given any official documentation with my sales goals once I started... View More
answered on Oct 16, 2019
No. 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 adverse employment decisions... View More
I was contacted by a company called Start'Immo to work for them. I did about a months work and at that point, I was asked to cash a check for the company. I said I would because I was under the impression that it would be to deposit the check in the company account. However, the check has my... View More
I have worked a 12 hr day schedule 2 on/2 off/2 on/ 3 off and then it flips the next week. Due to a loss in volume, the schedule has been changed to a traditional 8 hr/5 day a week schedule. I can't work this due to my wife's schedule. Her hours were set around my schedule. If I... View More
answered on Oct 8, 2019
No. If the unemployment people find out that you left a great job voluntarily they will deem it a resignation--not entitled to unemployment compensation. They will contact your employer to verify your layoff--and they will tell your employer that their U/C Account will be charged for your benefits.... View More
answered on Oct 7, 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 adverse employment decisions... View More
this employee is not working out in the position hired for. want to keep employee but assign a new position
answered on Oct 2, 2019
Yes, you can re-assign. 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 adverse... View More
Accountant/Bookkeeper
Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime. The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me... View More
answered on Sep 30, 2019
Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.
Former employer gave me corporate iphone. Upon separation I was told to keep the iphone (documented via emails).
Iphone settings were never changed, and Microsoft Exchange was attempting to synchronize contacts with corporate Exchange server (standard functionality). User account was... View More
answered on Sep 30, 2019
If you retained a competent lawyer to defend you in the federal district court over two years ago I am surprised they did not file a counterclaim way back when you answered the complaint--because the plaintiff company might have seen the wisdom of paying your fees when they wanted to settle. In any... View More
My sister and daughter work for a 7eleven franchise my sister was fired for a reason but now the owner and co managers from other owned store and business are harrassing my daughter trying to make her quit too. They are talking negative thing to the customers in front of her face. Degrading her and... View More
answered on Sep 26, 2019
It is difficult to say based on what you have here. For example, as they are both female is any of the harassment based on gender or sex or another protected class?
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
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