Rachel A Compton's Answers

I have an unemployment compensation hearing how do I prepare for it ahead of time

It appears you have two issues that will be reviewed. The first whether you were discharged for misconduct connected to work. The second whether you voluntarily resigned without good cause. Both issues can bar your claim for benefits. During the hearing, you will be asked questions by the hearing officer and the employer's representative. The hearing officer will also ask questions of the employer's representative and you will have the opportunity to question that person as well. If you...

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I was wondering if this is considered sexual Haressment.

Generally sexual harassment comes in two forms: 1) quid pro quo - this for that. For example, "I will give you the promotion, if you have sex with me." (2) Hostile work environment- when pictures, words, or actions of a sexual nature are so severe or pervasive that it becomes offensive to the listener. By definition one act might be severe but not pervasive. For instance, the rape of a female co-worker by a male co-worker would reach the severity prong. Pervasive means that it must...

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Should I get paid for my final two weeks after giving notice and they don't want me to work the two weeks out?

For unemployment benefits, the two weeks would be considered a termination. Under Florida statutory law, your employer is not required to pay severance or provide you pay for the two weeks you were not working. However, there are a couple of old judicial opinions that state that an employer may be required in some circumstances to pay you wages in lieu of notice when they terminate you. Because you are an at-will employee, and you chose to quit your position, and the employer decided to...

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Are Fl. employers required to pay vacation pay to a terminated employee even though employee is collecting unemployment?

Employers in the State of Florida are NOT required to pay unused PTO or Vacation time under any circumstances.

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How to get out of a lease due to unsafe environment

Chapter 83 of the Florida Statutes governs Landlord/tenant disputes. You can find the statutes by googling Florida Statutes. Florida Statute 83.51 Requiers the Landlord to maintain the premises as follows: Landlord's obligation to maintain premises.-- (1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the...

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I was fired from my job of 3 years what is considered misconduct?

Florida Statute 443.036(30) provides the following definition of misconduct: (30) “Misconduct,” irrespective of whether the misconduct occurs at the workplace or during working hours, includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating conscious disregard of an employer’s interests and found to be a deliberate violation or disregard of the reasonable standards of behavior which the employer expects of his or...

I was supposedly fired from my previous employer for losing a company cell phone, I reported it immediately and was Issued a

Did you appeal the unemployment decision? The employer must prove misconduct under the Florida Unemployment statute in order to deny your unemployment. You should immediately seek counsel from an attorney, who may be able to assist you in obtaining your unemployment benefits.

I work as a cocktail waitress in a strip club. My manager is beginning to require all employees (including bartenders, security

Please repost your question. It seems to have been cut off. I cannot help you without knowing what the employer is requiring to do.

Can I sue ?

If you have been given light duty with restrictions, you should provide your employer with the restrictions. If you have done so, and you do not already have a workers' compensation attorney, you should contact an attorney in your area immediately. Workers' compensation is your only remedy against your employer. However, the employer must abide by your doctor's restrictions. If you are terminated, you will have a workers' compensation retaliation claim. Otherwise, you cannot sue for the...

Is it illegal for my ex-boss to rent her deceased parent's home to me and my fiance and to take rent from us -

There is no law that I am aware of in the state of Florida that prohibits a co-worker, regardless of whether they are a superior, subordinate or co-worker from renting personal property to another co-workers. The state cannot tell a person what they can and cannot do with their property. If you and your former co-worker, entered into a valid rental agreement, and you both had the capacity to contract, and all the elements of a valid contract were met, then you entered into a valid rental...