Donna Marie Ballman’s Answers

Donna Marie Ballman

Fort Lauderdale Employment / Labor Attorney.

Contributor Level 11
  1. Been at a job for 6 years they say that i didnt punch for lunch

    Answered over 4 years ago.

    1. Donna Marie Ballman
    2. Robert David Shapiro
    3. Theodore W. Robinson
    3 lawyer answers

    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. Is this legal? Is this a Whistleblower violation?

    Answered over 4 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    There are few categories of wrongful termination in Florida, but think about these questions to see if you are a whistleblower under Florida’s private whistleblower law. 1. Have you recently objected to any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation? Unlike many whistleblower protections, your objection doesn’t have to be in writing in Florida. But an objection to a breach of the employer’s policies, or to an ethical violation, is...

  3. Is an employment contract enforceable if they do not have the original signed copy

    Answered almost 5 years ago.

    1. Daniel Jon Woodring
    2. Donna Marie Ballman
    2 lawyer answers

    Unfortunately for you, the court will probably allow the employer to introduce the copy as evidence of the agreement. However, you may well have other defenses to the enforcement of your non-compete agreement. You'll probably want to have an employment attorney review the agreement with you to discuss your options.

  4. Can an employer refuse to pay an employee for lack of funds?

    Answered almost 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    The employer is responsible for paying you for all hours worked. You may want to take them to small claims court if they refuse to pay. They should not allow you to work if they don't have the funds to pay you.

  5. Can a previous employer blacklist your name and/or social security number? Is this legal? I was terminated and filed a complaint

    Answered almost 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    It's illegal for an employer to retaliate against you for being a whistleblower, making a discrimination complaint, making a worker's compensation claim, and many other types of claims. Further, it's illegal for anyone in Florida to conspire to keep you from becoming employed under certain circumstances (which is actually a criminal violation, and I've never seen anyone prosecuted for this, but the law is on the books). However, an employer is protected from suit if they give a truthful...

  6. Is it illegal to deny employment due to bankruptcy in florida

    Answered almost 5 years ago.

    1. Donna Marie Ballman
    2. Herbert J Tan
    2 lawyer answers

    The bankruptcy code protects employers from discriminating solely because of bankruptcy. Unfortunately, because there may be other reasons given, it can be quite hard to prove that the sole reason was a bankruptcy filing. If this is the reason given, you may want to confirm in writing with the employer that they declined to hire because of the bankruptcy. Sometimes employers are unaware that this type of discrimination is illegal. If an employer starts to make noises about having a problem with...

  7. I feel like im being set up at my job like im a target they set traps and write me up on the mistakes im the only one

    Answered about 5 years ago.

    1. Donna Marie Ballman
    2. Michael J. Helfand
    2 lawyer answers

    Many employees have the mistaken belief that, if they are being harassed by their employer, a supervisor, or a co-worker that they have a claim against the employer. The only type of harassment that is illegal in Florida is harassment due to race, age, sex, religion, national origin, color, disability, marital status, pregnancy, having objected to illegal activity, having taken Family and Medical Leave, having made a worker’s compensation claim, because of testimony under subpoena, or having...

  8. As a salary employee , how many hours are considered a full week?

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    They can require overtime. The bigger question is whether they have to pay you for it. That depends on whether you are exempt or not. I would suggest contacting an attorney who specializes in wage/hour cases to figure out if you are owed overtime. The Department of Labor also has a good website that can advise you on exemption categories that you might want to check out, http://www.dol.gov.

  9. I have been on suspendion for two weeks for something i didn't do how long can this go on?

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    At some point, you can consider that you've been terminated and apply for unemployment. Before that time, you might want to address the harassment. The only type of harassment that is illegal in Florida is harassment due to race, age, sex, religion, national origin, color, disability, marital status, pregnancy, having objected to illegal activity, having taken Family and Medical Leave, having made a worker’s compensation claim, because of testimony under subpoena, or having engaged in activity...

  10. I have a written pay aggrement for pay yearly, can this pay be ducted from if i miss a day?

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    It depends on how the contract is worded and whether you are exempt or non-exempt, salaried or hourly. I would suggest having an employment attorney look at the agreement so you can be advised of your options. I hope this helps!

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