David Joseph Rodziewicz’s Answers

David Joseph Rodziewicz

Ormond Beach Employment / Labor Attorney.

Contributor Level 8
  1. In Florida is it legal for an employer to pay for two hours if you work for three?

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Lowell J Kuvin
    3. Barry A. Stein
    3 lawyer answers

    The short form answer is no, it is not lawful. Forcing employees to work off the clock, as described here, is a wage and hour violation. It may also implicate minimum wage considerations and overtime (although part time in your daughter's case). It would be wise to contact counsel. Good luck.

    4 lawyers agreed with this answer

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  2. Can i do anything legally about being fired?

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Stuart M. Address
    3. Michael S. Haber
    3 lawyer answers

    Two questions here, both Florida specific. 1) Florida is an employment at will state You can be fired for a good reason, a bad reason, or no reason at all. Providing that your employer's reason was not unlawfully discriminatory (related to sex, race, religion, national origin, age, disability, pregnancy, etc.). Other counsel's note about a recent EEOC regulation about criminal background as unlawful discrimination is specific to blanket refusal to hire and other facts. It is also...

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  3. Can an employer expect from their employees and unreasonable amount of work within 8 hours without offering overtime?

    Answered over 2 years ago.

    1. Barry A. Stein
    2. David Joseph Rodziewicz
    2 lawyer answers

    There are a dozen more questions I'd like to ask before venturing an answer here. We'd simply need more information, so let me start by saying you might need to consult a employment law attorney to clarify your situation. That said, If you are an employee (not an independent contractor), if your work is hourly, you are not in management, or a few other factors tough to explain in three lines or less; it is possible that you are working off the clock and owed overtime. The fact that...

    3 lawyers agreed with this answer

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  4. I have two withheld of adjudications-felonies on my record. Do I have to disclose this to potential employers?

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Daniel Marc Berman
    2 lawyer answers

    Another facet to consider is an employer's use of third party databases in background screening. Even if adjudications were withheld, arrests and other parts of the process were captured on national background screening databases and reside forever. If a prospective employer subscribes or buys a search from one of these, your background will be outed. Consider managing the information as opposed to the revelation managing you. Good luck.

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  5. My boss asked me to quit. I refused. She then told me to leave. Now she is fighting unemployement claiming misconduct.

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Margherita Maria Albarello
    3. Stuart M. Address
    3 lawyer answers

    We represent clients in cases like this regularly. Sometimes employers check the "misconduct" box on the unemployment compensation questionnaire without understanding Florida's legal measure for denying unemployment compensation. Sometimes employees denied compensation try to represent themselves without counsel and miss the mark. I urge to to seek counsel before your first hearing. Even if you decide not to have a firm represent you in the hearing, an hour's fees you invest in the...

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  6. Employment

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Perry L. Cameron Jr.
    2 lawyer answers

    We hear this question frequently AFTER an applicant has been denied the opportunity to compete for a job. You are wise to ask this question on the front end of your job search. Some employers, like big national retail chains, have been much less likely to take a chance on someone with a record. Smaller regional employers and home-town employers are much more likely to interview you eye-to-eye, and give you an opportunity to build a relationship. Good luck in finding a new gig.

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  7. How can I prove my discharge was not misconduct so I can claim unemployment benefits?

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Stuart M. Address
    2 lawyer answers

    Simply put, this is a good time to invest an hour with an employment law attorney. The consult you receive will focus you on the facts specific to your situation. We are not able to do that here. Look here for a local resource: http://www.floridanela.org/members.php Good luck.

    2 lawyers agreed with this answer

  8. Sexual harassment or battery

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Darrel S Jackson
    3. Tyson B. Snow
    3 lawyer answers

    Agree with counsel, here. Go find a local employment law attorney right now. Look here: http://www.floridanela.org/members.php That attorney will advise you as to the best course of action and timing. Good luck.

    2 lawyers agreed with this answer

  9. How many hours can an employer make a salaried manager work in Florida

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Stuart M. Address
    2 lawyer answers

    There is a fact-intensive set of questions you need to review with an employment law attorney to answer if you are in fact entitled to overtime. Candidly, from your initial facts it does not look promising. 1) Not paid hourly, 2) Management responsibilities of some arguable sort, etc. Look here for an employment law attorney near you: http://www.floridanela.org/members.php Good luck.

    2 lawyers agreed with this answer

  10. Can employers take money from your last paycheck without any explanation.

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Stuart M. Address
    3. Darrel S Jackson
    3 lawyer answers

    Agree not to wait to deposit the check. Consider carefully writing a letter asking them to explain the deduction, send it certified mail to your former manager and the most senior HR person there. If the explanation does not make sense to you, spend an hour with a local employment law attorney. Good luck.

    2 lawyers agreed with this answer