Orion Gray Callison III's Answers

What documents to bring a lawyer(during first time consultation) that will increase chance of him accepting my employment case?

I would suggest you gather up as many documents that relate to your case and your employment as you can. Take copies of those documents with you to the initial meeting, but keep any originals and duplicates of any copies. Some documents you should locate are: 1. Any offer letters, contracts, and documents that relate to your initial employment; 2. Company handbooks and all other written employment policies; 3. Anything that your employer ever had you sign, or gave you and asked you to...

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What is the correct way to try and get a judge to recuse himself from a case, if it is shown that he does not apply the law

A motion to disqualify a trial judge is governed by Florida Judicial Administration Rule 2.330. You can scroll down to it at this link: http://www.leoncountyfl.gov/2ndcircuit/Resources/Judicial.pdf You will see that the rule has many specific requirements, all of which must be met. I do not recommend doing this unless you have a supportable reason. The fact that a party feels a judge has made an erroneous ruling is not a basis for disqualification. The remedy for that is an appeal.

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Can my age restrict me from being allowed a break at work when working with under aged employees?

This is not a situation where your employer is discriminating against you (at least in any actionable way). It is a difference in treatment that flows from the laws governing breaks. Florida's child labor laws mandate that: "Minors 17 years of age or younger shall not be employed, permitted, or suffered to work for more than 4 hours continuously without an interval of at least 30 minutes for a meal period; and for the purposes of this law, no period of less than 30 minutes shall be...

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Have my rights been vilolated? Can I be fired? Florida Polygraph

I can provide you with some preliminary information, but you should contact an attorney in your area as soon as possible for a more detailed analysis of this issue. First, there is a Federal statute known as the Employee Polygraph Protection Act of 1988 (EPPA) (29 USC §2001 et seq); 29 CFR Part 801. It prohibits most employers from requiring polygraphs in most situations, and gives an employee rights and remedies if they are terminated for refusing to submit to such an examination. Some...

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I was sexually harassed and was told it was hearsay. Someone said I was doing drugs at work and I was fired, hearsay?

You seem to have three issues. I will assume that you do not have an employment contract and that you are not a member of a labor union. If either of those assumptions is incorrect, you may have additional rights and remedies. One issue is that a male employee who has now been terminated engaged in what you felt was sexual harassment a few years ago. Any claim based on that incident is probably time barred since it happened long ago. The second issue is that you complained about...

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What constitutes discrimination by an attorney

This is what I would call a lawyer not having a good "bedside manner." Clients have feelings. They are emotionally vested in their cases. Many times they are hurt, confused, and even scared. An attorney needs to be aware of those issues, especially in the initial client meeting where first impressions are being made. While the lawyer has to give a candid opinion that may not be what the client wants to hear, that should not be done in a way that leaves the client feeling like the lawyer...

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What rights do employees have dealing with harassment from their supervisors if the harassment is not sexual or discriminatory?

There is usually no legal remedy purely for a supervisor being grumpy or highly critical. However, if the supervisor directs that antagonism towards one type of employee (a particular race, gender, age, etc.) and not towards another type of employee (of a different race, gender, age, etc.) under fairly comperable circumstances, then it raises questions as to whether the conduct is discriminatorily motivated. Also, if the antagonism includes profanity, it bears mention that a lot of...

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Interrogatories

I do not practice in your state, but I can discuss the issue generally. This issue often comes up when an interrogatory has sub-parts; i.e., request 1(a), 1(b), etc. Sub-parts may be counted as a separate interrogatory. Whether they do or not usually turns on whether the sub-parts merely clarify the information already being captured by the interrogatory, or whether the sub-part is really a separate question. So for example, an interrogatory that asked: 1. State your educational...

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Can I sue my employer for not protecting me from another coworker. I been harass and bully by this person.

It really depends on what the harassment and bullying is. If you are being physically abused, then you may have a claim against your employer for negligent retention since the employer continued to employ this person with knowledge that they posed a threat to others. If you are being harassed in a manner that is prohibited by anti-discrimination laws, such as sexual harassment, then there are remedies under Title VII and the Florida Civil Rights Act. But if your co-worker is merely...

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Can my employer make me work past my scheduled shift then later make me cut the time so they don't have to pay overtime

No. Unless you are exempt, you have a potential remedy under the federal Fair Labor Standards Act. Here is a link to the Department of Labor website for additional information: http://www.dol.gov/whd/overtime_pay.htm

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