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David Joseph Rodziewicz

David Rodziewicz’s Answers

72 total


  • Ex-Employer is depleting 401k and not distributing to my new Savings account!!!! Lost $11,000 and losing more each day!

    I was wondering if you all could help answer a few questions and lead me in the right direction to get my issue resolved. Here’s the issue… Employed at **** Bank for 10 years, Recently left for another job opportunity on April 3rd. Offici...

    David’s Answer

    If you strongly feel that something illegal is going on, call your local FBI office directly. Activities involving theft or misappropriation of retirement funds are a crime.

    I this is merely a case of benign (not criminal delay), check the language of the plan documents that govern your 401K with the employer to gauge whether the employer is performing.

    Sorry for your troubles, good luck.

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

    I was interviewed for violation of company policy. I was told to give a statement and adviced what to write. I was sent home on suspention pending investigation. A few days later I was contacted to inform me I was terminated. I filed for Unemploym...

    David’s Answer

    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.

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  • Do I need an Attorney? Can my employer not pay me for working hours?

    Hi, I am in F1 visa and I am currently in OPT. I have signed a contract of 1 and a half year and abandoned in 6 months because I was not treated well. When I left, the employer did not pay me for the working hours. The non disclosure agreement...

    David’s Answer

    I generally agree with my colleagues here.

    Also - you will need a copy of the specific agreement in question for an attorney to review. There are aspects of immigration law, employment law, and Florida contracts in your question as I read it.

    As you select an attorney, discuss the attorney's experience or network related to those areas of specialty.

    Good luck.

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  • Can an employer use non compete verbiage in non disclosure?

    Can an Employer only talk about non-competence in a non disclosure agreement? Will that be valid? And in such a case, will that document be valid for not mentioning the geographical area and the duration it is valid ? If an employer makes an em...

    David’s Answer

    The problem here is that without the actual agreements in question, we would just be guessing.

    Invest and hour or two with a local employment law attorney to sort this out, preferably before you sign the agreements.

    Look here: http://www.floridanela.org/members.php

    Good luck.

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  • Sexual harassment or battery

    my daughter works a fast food place she has suffer from verbal harassment that since she turn 18 now has turn physical with grabbing the buttock to grabbing her breast, she went to the general manger and told him and was ask to write a statement, ...

    David’s Answer

    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.

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  • Can an employer give an interim and final perform review on the same day and 3 days later place you on written warning

    i was given my 2011 interim and final performance review on the same day Feb 2012 . Three days later I was placed on written warning with no mention of time frame for improvement. I have demonstrated improvement however now my manager is question...

    David’s Answer

    I agree with other counsel here.

    Unfortunately being a jerk in unfortunate but not unlawful unless discriminatory as to the list: race, sex, national origin, religion, age, disability, pregnancy, etc.

    Sorry for your troubles, good luck.

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  • Should I ask for an informal hearing?

    I graduated law school (2006), passed the Florida Bar, The MPRE, and also passed the background check in 2011. My application went stale. On my new application (12/2011), I amended by telling the Board that I went voluntarily to a rehab facility (...

    David’s Answer

    First, FL Bar review board hearings require talents of a very specific set of lawyers skilled in those meetings.

    You will not find appropriate guidance here.

    Respectfully, you are asking for advice on a sub-specialty of a sub-specialty.

    That said, if the Board is offering a certain path of resolution with 6 months of demonstrated sobriety and participation in FLA, why would you possibly risk a worse deal at a hearing?

    Just a thought.

    Good luck.

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

    I am a salaried manager in a retail store in Florida and have been working 11 to 12 hour days (sometimes more) since December. We are told if the work is not done than you need to stay and do it. Recently the store manager informed us that we will...

    David’s Answer

    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.

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  • My employer has not pad me my salary which is past due by 2 months, how can I make him pay me?

    I am a salary worker and I "racked up" 4 weeks of work before my employer stated that he could not pay me, The bussiness is still operating and me and 3 other employees are now out of work and out 4 weeks of payment. The salary is now past due by ...

    David’s Answer

    Simply put, time to retain an employment law attorney. You are describing a wage and hour violation under a Federal law called the Fair Labor Standards Act (FLSA).

    Look here for a local employment law attorney: http://www.floridanela.org/members.php

    Good luck.

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  • Is it OK to ask for compensation for time if a past employer ask you to give a desposition in a case where they are being sued?

    A past employer of mine is being sued by someone else and want me to give a desposition that they think will help their case.

    David’s Answer

    In a word, yes.

    Be careful here, though.

    You will be asking to be compensated for your time, NOT your testimony.

    Most folks not in the legal profession (and many who are) find the process stressful and unpleasant.

    Good luck.

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