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Donna Marie Ballman's Answers
- 78 Legal Answers
- 10 Legal Guides
1
Attorney answers:
Verbal Abuse, Stressful Working Conditions, Salaried employee required to compete time sheet
It sounds like you have some potential overtime claims. It would depend on whether you are classified as exempt from overtime or not. You'll probably want to speak with an attorney who specializes in Fair Labor Standards Act issues to get a definitive answer. On the issue of harassment, unfortunately many employees have the mistaken belief that, if they are being harassed by their employer, a supervisor, or a co-worker that they automatically have a claim against the employer. This is...
4 people marked this answer as helpful
2
Attorney answers:
Is it illegal to fire someone because of their background even though they did a full background check.
I guess it depends on what they mean by background. If they fired you because of your race, age, sex, disability, national origin, association with a person with a disability, whistleblowing, testimony under subpoena, worker's comp claim, or other protected status, you may have a remedy. Otherwise, in Florida they can fire you for any reason or no reason at all. If it is because of an expunged crime, then I would want to know how they got the information. While it's not illegal for them to...
3 people marked this answer as helpful
1
Attorney answers:
What can I do if my employer does not pay me my unsed vacation pay even if it's stated in the employee handbook?
The money is owed. Since it's over the limit for filing in small claims court, I'd suggest contacting an attorney about filing a suit for the unpaid money. It is possible that, once the employer realizes an attorney is involved, they may want to work out a settlement. If not, you should be prepared to sue.
3 people marked this answer as helpful
2
Attorney answers:
What rights do employees have in an work at will state?
You’ve been fired or disciplined without justification. You want to sue for wrongful termination. If you lived in New Jersey, California, or some other states, your employer would need to have cause to fire you. Not so in Florida. Florida is an at-will state, which means an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or no reason at all. The only way to change that is to urge your state legislators to pass more protections for employees....
2 people marked this answer as helpful
3
Attorney answers:
What is a past employer legally allowed to disclose to a potential future employer other than verify that you were and employee
In general, employers in Florida are protected from suit if they give truthful information in references. Some employers only give neutral references, that is, dates of employment and job title. If they say something deliberately false, such as telling a potential employer you were fired for theft, they may be liable for defamation of character. They can't give out medical information. And if they disclose that you filed with EEOC, as an example, they may have some liability for retaliation. I...
2 people marked this answer as helpful
3
Attorney answers:
Can i sue my previous employer for wrongful termination?
Florida is an at-will state, which means an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or no reason at all. The only way to change that is to urge your state legislators to pass more protections for employees. That doesn’t mean there are no protections for employees. You should ask yourself the following questions to see if you might be covered under some employment law: Did my supervisors make any comments indicating bias? If your...
2 people marked this answer as helpful
1
Attorney answers:
Does an employer have to give a reason for demotion and document it in the employee's file?
Unfortunately, Florida is an at-will state. Your employer can demote or fire you for any reason or no reason at all. However, if you were chosen for demotion when others weren't, then you might look to see if the demotion was for an illegal reason. For instance, were others of a different race, age, sex, religion, national origin, marital status, or color chosen to keep their positions when you were demoted? Or had you recently revealed a pregnancy or disability? Had you recently taken FMLA...
2 people marked this answer as helpful
1
Attorney answers:
Are employers obligated to provide paid vacation time to full time salaried employees in Florida
There is no obligation of Florida employers to provide any paid vacation time. If they do provide vacation time, they need to provide it in a non-discriminatory fashion though. If other full-time employees get paid vacation, they can't deny you paid vacation based upon race, age, sex, national origin, etc. and it may also be considered an employee benefit that you're entitled to if you meet the criteria.
1 person marked this answer as helpful
1
Attorney answers:
As a teacher I sign a 1 year contract with a 30 day notice period. I still am in my 90 day Probation, can I give 1 week notice?
You can quit your job at will. Although, for purposes of goodwill, I'd suggest giving notice. If they terminate you, they need to follow what the contract says. If they fire you with no notice, you'll probably want to have an employment lawyer review your contract to see if you have any rights to be paid for the notice period.
1 person marked this answer as helpful
3
Attorney answers:
Should I hire an attorney over my past employments failure to pay me correct minimum wage and under the table?
I'd suggest contacting a lawyer who handles cases under the Fair Labor Standards Act to see if they think you have potential claims.
1 person marked this answer as helpful