Donna Marie Ballman’s Answers

Donna Marie Ballman

Fort Lauderdale Employment / Labor Attorney.

Contributor Level 11
  1. 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?

    Answered almost 4 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    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

  2. Should I hire an attorney over my past employments failure to pay me correct minimum wage and under the table?

    Answered almost 4 years ago.

    1. Donna Marie Ballman
    2. Ayuban Antonio Tomas
    3. Henry Daniel Lively
    3 lawyer answers

    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

  3. I believe my age may have been a factor in not being hired

    Answered almost 4 years ago.

    1. Gust G Sarris
    2. Bonita M. Riggens
    3. Donna Marie Ballman
    4 lawyer answers

    Since you can show that you have more experience and are better qualified than the younger employees hired, you might have an age discrimination claim. The employer will have to show that it had a reason other than discrimination for choosing these candidates. If they had experience with different products than you or had a degree that you don't have, the employer might be able to show that discrimination didn't occur. I'd suggest contacting an employment lawyer to discuss your options. If you...

    1 person marked this answer as helpful

  4. My job gave me a 1st and final warning without any previous issues for over 2 years,do I have any rights?

    Answered over 4 years ago.

    1. Donna Marie Ballman
    2. L. Maxwell Taylor
    2 lawyer answers

    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. That doesn’t mean there are no protections for employees. You should ask yourself the following...

    1 person marked this answer as helpful

  5. When asked if I had ever been convicted of a felony in an employment application, should I answer yes or no?

    Answered about 5 years ago.

    1. Donna Marie Ballman
    2. Elisa W. Ungerman
    2 lawyer answers

    Unless it has been expunged, you need to answer yes. If it has been expunged, for most jobs you can legally answer no. However, for some public jobs you may still have to disclose a conviction even if it has been expunged. It sounds like you never went through the process to get it expunged, so you probably have to answer yes. I hope this helps!

    1 person marked this answer as helpful

  6. I need advice on how to proceed with a former employer that will not tell me what kind of reference they are putting out

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    There are online reference checking companies you can hire that will call the employer and ask for a reference as if they were potential employers (the one that comes to mind is badreferences.com, but there are many others). If you use one that has court reporters calling, you can get an exact transcript of what was said. Others do summaries of what was said. If the employer is making false statements of fact (not opinion) such as saying you stole or did something criminal, you may have a...

    1 person marked this answer as helpful

  7. I was wrongfully terminated and have not recieved any unemployment, can I sue my former employer?

    Answered about 5 years ago.

    1. Donna Marie Ballman
    2. Bonita M. Riggens
    3. Ronald Anthony Sarno
    3 lawyer answers

    The text message should be admissible in the unemployment hearing, so I suspect you'll qualify. 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...

    1 person marked this answer as helpful

  8. Problem on my job.

    Answered over 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    If she doesn't like you due to your race, age, sex, national origin, disability, age or other protected status, then you should complain to HR about being harassed due to that protected status. Otherwise, bullying isn't illegal in Florida. The only thing you can do is report her behavior to HR to get it on record. In Florida, anyone can be fired for any reason or no reason at all.

    1 person marked this answer as helpful

  9. What are my rights as a parochial school teacher regarding verbal harassment and e-mail insults and threats.

    Answered over 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    General harassment and bullying aren't illegal in Florida. If they are singling you out due to your race, age, sex, national origin, disability, marital status, religion, whistleblowing, worker's comp claim or other protected status, you have to report the illegal harassment to HR. I suggest you report it in writing so you have proof you reported something other than just "harassment." Call it "FORMAL COMPLAINT OF RACIAL (or whatever category) HARASSMENT" and make sure you keep a copy. Ask them...

    1 person marked this answer as helpful

  10. If I have an adijudication withhald on a battery & resisting w/o violence charge can I still get a job in the CJ system w/my BA

    Answered over 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    Once the conviction is expunged, you can legally answer that you've never been convicted of that crime for most jobs. However, there are exceptions. You'll need to look at the expungement statute carefully to see if that position is one where you'll need to disclose it. Unfortunately, even if you are allowed to state you weren't convicted, there's still no law in Florida allowing you to pursue a lawsuit against an employer if they fire you or refuse to hire you if they do find out about the...

    1 person marked this answer as helpful

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