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Dennis Andrew Chen's Answers
- 951 Legal Answers
- 1 Legal Guide
4
Attorney answers:
Florida Law Regarding Salary Pay
If you had worked a part of the day you would have been entitled to the full weekly salary. When you are a salaried employee, if you miss an entire day the employer can deduct pay for that day. If you go to work at 8am, for example, and at 9am you leave for an appointment and find that for whatever reason you cannot go back to work, then you get paid for the whole day.
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3
Attorney answers:
Tenants broke lease and moved out of state.
To obtain a judgment for damages, you need personal service on the defendants. So you need to locate them in NY and have them served with the summons. Posting the summons and mailing a copy is only effective for obtaining possession, not for money damages.
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1
Attorney answers:
FMLA, under IL law does FMLA apply to part time employees
I will guess that you are asking if FMLA applies to part-time employees. The employee has to have worked at least 1,250 hours in the past year and there is also a size requirement for the employer.
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3
Attorney answers:
Judge in florida has ordered a dismissile on an eviction case under Defective 3 day notice because the notice did not have a
It does not sound like the judge did anything wrong. If you use a PO Box for the address in a Three Day Notice you have to provide an additional five day period for mailing the payment. Your case has been dismissed. You need to serve a proper three day notice and file a new eviction. If you only allow cash in person payments, then you must provide a physical address where the tenant can deliver payment. You cannot use a PO Box if you will only accept cash.
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2
Attorney answers:
Can a HOA board member be sued personally
Yes an HOA board member can be sued personally for actions taken as a board member. The HOA should pay for Directors and Officers Liability insurance.
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3
Attorney answers:
FL condo homeowner association law, homeowner's rights, unpaid assessments
If the mortgage foreclosure sale has not occurred, then the lender does not own the unit. They are not responsible for the condo dues. When the property is sold at foreclosure sale and if the lender becomes the owner, then the lender will have to pay the outstanding condo dues. The Condo association can then sue the lender for the outstanding amount or foreclose on the property.
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2
Attorney answers:
Florida law regarding salaried employees
The answer depend son whether you are truly salaried. i would need to know your position with the employer and the duties required for your position. There are many cases where an employer hires a person as a salaried employee but under the Fair labor Standards Act, the person is not qualified as a salaried employee and can recover time and a half for their overtime worked. The look back period can be 2-3 years. Talk to an employment lawyer (wage & hour).
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3
Attorney answers:
Just got a summons personal service on natural person
You should contact an attorney for a short consultation to explain the documents to you. You are not guaranteed a hearing date when you are sued. Your failure to respond to the lawsuit could result in default and judgment against you without ever setting foot in court. Do not assume the lawsuit is regarding your foreclosure. It could be another creditor suing you. Have you considered bankruptcy? It may be an option depending on your situation.
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1
Attorney answers:
We are being sued for breaking a retail lease in Florida and I am need of legal advice.
You stated that your attorney responded to the lawsuit. You should be directing your questions to your attorney. Ethically we are prohibited from advising someone that has another attorney.
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3
Attorney answers:
My room-mate is a crazy racist druggie. I dont know what to do.
If your roommates parents signed the lease and you did not sign any written agreement with the landlord or the parents, you are probably on a month to month tenancy and can give 15 days notice before the end of the month then just move out. If you don't think her parents will sue you, move out and give them notice that you have moved out. Find another place without that crazy racist druggie.
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