Archibald Johns Thomas III's Answers

Does accepting a severance payment prevent me from receiving unemployment in FL?

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.

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

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

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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Florida Law Regarding Salary Pay

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...

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Florida Law Regarding Salary Pay

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...

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How do background check companies report a court ordered sealed record to potential employers?

The significance of getting a record sealed in Florida is that in most instances you are legally permitted to say "no" to the question of whether you have ever been arrested. (There are exceptions to this). Also, once the record is sealed, it is no longer available as a public record. But, another way these records can be obtained is that FDLE and/or the FBI do not always delete the record from their database. You must follow up with this to have the arresting agency requst that FDLE or the...

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Is it legal in Florida to require salaried employees to punch a time clock, with the exception of management?

There is no law prohibiting an employer from requiring salaried employees from punching a time clock or otherwise keeping track of their time. However, just because an employee is salaried does not mean they are exempt from the requirement under the FLSA to pay overtime and the requirement imposed on the employer to keep time records. Depending on the job you perform, the FLSA may require the employer to keep records of the hours you actually work.

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Can i sue a business for not hiring me do to being a male

Maybe. If it is a private business under either Florida or Federal law the business must have at least 15 employees to be subject to the laws prohibiting discrimination due to sex or gender. It is possible that there is a local ordinance where the business is located that may require fewer employees, but this is an issue that is critical. Assuming the employer has the minimum number of employees, you can file a complaint with the EEOC. In Florida the time limit or filling an EEOC complaint...

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Unemployment of fl is making me pay back $8300.00 in benefits.

Yes. You should appeal the determination and request a hearing before an appeal referee. Assuming you have records, you can submit them in support of your appeal.

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Pregnancy Discrimination Case?

Your question essentially asks whether you must have direct evidence of discrimination in order to prevail. The answer is no. Circumstantial evidence of discrimination is sufficient and in many cases is the only evidence presented to prove these kinds of cases. If the employer lies to you about the reason you are terminated and you are replaced by someone who is not pregnant, this can be enough evidence to give rise to an inference of discrimination. Disclaimer: This answer is provided as...

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