Archibald Johns Thomas III’s Answers

Archibald Johns Thomas III

Jacksonville Wrongful Termination Lawyer.

Contributor Level 14
  1. Does accepting a severance payment prevent me from receiving unemployment in FL?

    Answered almost 5 years ago.

    1. Archibald Johns Thomas III
    2. Kenneth Brian Schwartz
    2 lawyer answers

    If you received payment from your employer that can be characterized as "wages in lieu of notice", this will be offset against your unemployment benefits. However, severance pay that is not characterized as wages in lieu of notice and is received on condition that a general relese be provided to the employer should not be considered an offset against benefits. Severance pay under these circumstances is payment you received for the release and should have no bearing on unemployment compensation.

    1 lawyer agreed with this answer

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  2. Is this legal? Do I have to tell them I smoke cigarettes?

    Answered about 2 years ago.

    1. Archibald Johns Thomas III
    2. L. Maxwell Taylor
    3. Marilynn Mika Spencer
    4. Barry Franklin Poulson
    4 lawyer answers

    There is no question that in Florida this is legal. There is even a court case in Florida where the employee unsuccessfully attempted to challenge this policy as an invasion of privacy. See 1995 Florida Supreme Court decision in Kurz v. City of North Miami. In that case, the employer would not hire anyone who had been a smoker at any time within one year before applying for employment with the City. Thus, in Florida the law does not favor employees on this issue.

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  3. How binding is an "at will" employment contract when it comes to salary/ wage increases?

    Answered almost 5 years ago.

    1. Archibald Johns Thomas III
    2. Dennis Michael Phillips
    2 lawyer answers

    The problem with most agreements like the one you described is that since there is no definite term or time period in the agreement, there is nothing to prevent the employer from immediately changing the pay and decreasing the wage after it is given, so the promise to increase the wage at the end of a year is really illusory. On the other hand, if there is language in the agreement that requires the employer to keep the wage increase in effect for a specific period and there is no other...

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  4. Florida Law Regarding Salary Pay

    Answered over 5 years ago.

    1. Dennis Andrew Chen
    2. Archibald Johns Thomas III
    3. David Luther Woodward
    4 lawyer answers

    Your question appears to assume that you have some choice in whether you work on a salary or hourly rate. Obviously, if you had the choice, you would normally choose the method that results in the greater compensation. Assuming you don't have the choice, the benefit is not for you, but for the employer. However, the fact that you are paid a salary does not necessarily mean that you are not entitled to overtime compensation. If you are not an exempt employee, you may be entitled to receive...

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  5. Florida Law Regarding Salary Pay

    Answered over 5 years ago.

    1. Dennis Andrew Chen
    2. Archibald Johns Thomas III
    3. David Luther Woodward
    4 lawyer answers

    Your question appears to assume that you have some choice in whether you work on a salary or hourly rate. Obviously, if you had the choice, you would normally choose the method that results in the greater compensation. Assuming you don't have the choice, the benefit is not for you, but for the employer. However, the fact that you are paid a salary does not necessarily mean that you are not entitled to overtime compensation. If you are not an exempt employee, you may be entitled to receive...

    1 lawyer agreed with this answer

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  6. What can I do if my dcf case worker makes sexual advances to me?

    Answered about 2 years ago.

    1. Archibald Johns Thomas III
    2. J. Garry Rooney
    3. Harry Edward Hudson Jr
    4. Kevin Rindler Madison
    4 lawyer answers

    The sexual harassment laws in Florida only apply to employees, so there is no legal claim that can likely arise from what you have described. However, if your goal is to get it to stop or to get another case worker assigned, report the worker to someone higher up in the DCF office and it will likely solve the problem. Tape recording without the consent of both parties is not legal in Florida, so I would not advise that course of action.

    3 lawyers agreed with this answer

  7. Under a 90 day probationary period employment ,can the employer terminate employee for any reason?

    Answered over 4 years ago.

    1. Robert David Shapiro
    2. Archibald Johns Thomas III
    3. Lars A. Lundeen
    3 lawyer answers

    The answer is yes, but the 90 day probationary period has little to do with it. As an at will employee you could be terminated at any time even after the 90 day period subject to the exceptions mentioined in the previous answers. The 90 day probation period is primarily for the employers benefit in avoiding an unemployment compensation claim charge to their record.

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  8. Should I contact the media concerning my sexual harassment case?

    Answered about 2 years ago.

    1. Archibald Johns Thomas III
    2. Janice Rourke Hugener
    3. Kevin Rindler Madison
    4. Dave Bahr
    4 lawyer answers

    The answer to your question depends on what your purpose in doing so would be. If you have a pending case and you are trying to get it resolved, my philosophy is that going to the media does not often help. On the other hand if your primary purpose is simply exposing the agency for improper conduct in the workplace, that may be a valid reason to consider media exposure. However, in dealing with the media you must be very careful. You may not be quoted accurately and the statements you want...

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  9. Do I have a chance to win my unemployment hearing?

    Answered about 1 year ago.

    1. Archibald Johns Thomas III
    1 lawyer answer

    You clearly have a chance of winning an appeal if you were not sleeping. You will be given a chance to testify under oath at the appeal hearing and unless they can come up with a witness who claims to have observed you sleeping, you will likely win. Even if they do have such a witness, the appeal referee will not necessarily believe the witness over your sworn testimony. Under the circumstances you described, it is well worth taking the appeal.

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  10. Penalties and liquidated Damages in Employment Contract Agreement

    Answered about 1 year ago.

    1. Archibald Johns Thomas III
    1 lawyer answer

    Florida law favors liquidated damage clauses, as both parties will have agreed at the time of contract what the damages are, minimizing problems of proof and calculating damages. However,an agreement between parties on specific liquidated damages will not in itself require a Florida Court to enforce the clause. Courts have held that when a liquidated damages clause is seen as a penalty, rather than an effort to agree upon reasonable estimated damages, the clause in unenforceable. The legal...

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    1 person marked this answer as helpful