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Donna Marie Ballman
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Donna Ballman’s Answers

78 total


  • What are my legal options against an employer who does not provide safety for me or it's employees.

    The rules are spelled out and in place but, no one follows them. The attitude is to "not rock the boat". Those who do either quit or are terminated. Physical assults, threats, physical and verbal abuse and vandalism are common events which occ...

    Donna’s Answer

    The question I would ask is whether or not what you are objecting to or reporting is an illegal activity of the employer (not a resident). For instance, if they have a statutory obligation to report violence to the authorities, or if the resident creates an OSHA violation, then by objecting to the illegal activity of the employer you may be a whistleblower. Otherwise, they can fire you for any reason or no reason at all.

    I hope this helps!

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  • I was informed by my supervisor that if I file charges against a resident the institution would loose it's funding and I my job

    Would this be considered harassment? I am threatened and have been assulted daily. My immediate supervisor, who said this to me, was assulted, filed charges and then mysteriously retracted the charges. The video showing the particular incident in...

    Donna’s Answer

    The question I would ask is whether or not what you are objecting to or reporting is an illegal activity of the institution (not a resident). For instance, if they have a statutory obligation to report violence to the authorities, or if the resident creates an OSHA violation, then by objecting to the illegal activity you may be a whistleblower. Otherwise, they can fire you for any reason or no reason at all.

    I hope this helps!

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  • Can i be fired for missing work with a doctor note?

    i missed work due to being sick with doctors note and i was fired, can the do that?

    Donna’s Answer

    If the employer has 50 or more employees and you worked at least a year, you may be protected under Family and Medical Leave. Or, if you have a disability and were getting treatment, they may be denying a reasonable accommodation. However, most likely is that you are an at-will employee and your employer in Florida can fire you for any reason or no reason at all.

    I would suggest looking at the matter from a different angle as well. If others of a different race, age, sex, religion, national origin, color, or marital status were allowed to take sick time and weren't fired, you may have a discrimination claim. If you had recently objected to something illegal, made a worker's comp claim, testified against the employer, complained about discrimination, done jury duty, or something else that puts you in a protected category, then there might be a retaliation claim.

    I hope this helps!

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  • 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

    I have a bachlors degree in criminal justice I am in the process of getting an expungment can I still apply to work as a probation officer

    Donna’s 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 conviction.

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  • Is signing a non compete clause legal if making you sign a year into working for them on a promotion.as a armed protection offic

    as a protection officer I was forced to sign or would not have a job.was forced under protest

    Donna’s Answer

    Unfortunately, continued employment is valid consideration for a non-compete agreement in Florida. Yes, the law needs to change. For that, you should contact your legislators and tell them about your situation. Under the current state of the law, there are still many defenses to enforcement of a non-compete agreement. If you get an offer from a competitor, you'll want to have a Florida employment attorney review your contract to advise you of your options.

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  • As an employer why should i pay unemployment benefits to an employee who received a DUI

    As an employer why should i pay unemployment benefits to an employee who received a DUI?

    Donna’s Answer

    You pay the insurance premiums. The State of Florida pays the benefits if the employee qualifies. If you believe the employee was fired for cause, you can appeal the ruling granting benefits. The only real advantage to appealing is to keep your premium rate from going up slightly. Unless you have lots of employees, challenging unemployment denial may not be worth your time and effort. You will have to show misconduct connected with work to convince the state to withhold benefits.

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  • I am 7 months pregnant and was just informed by my employer that the company is not required to hold my position under FMLA.

    I am 7 months pregnant and was just informed by my employer that the company is not required to hold my position under FMLA. I will only be allowed to use the paid time off that I have accrued and following that I must return to work or be termin...

    Donna’s Answer

    If you've worked at least a year and the employer has at least 50 employees, you're probably covered by Family and Medical Leave. However, smaller employers don't have to abide by this law. If they're not governed by FMLA, then you may lose your job if they can't hold the position open for you. However, if the position is still open when you are ready to return, or if you're qualified for another available position when you return, and they have 15 or more employees (5 or more in Miami-Dade County), then they can't discriminate against you due to having given birth. I hope this helps!

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  • What can I do if my employer does not pay me my unsed vacation pay even if it's stated in the employee handbook?

    I was recently laid off after 7 years and have a lot of unused vacation due. Our policy manual & employee handbook states that all unused vacation pay will be given if employee is laid off. My employer acknowkledges that I am owed this but says he...

    Donna’s Answer

    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.

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  • I have been working with my exisitng company for one year and 6 month and I have a non-solicitation agreetment

    During your employment and for the twelve month period following the effective date of your termination, for any reason, from the Company, you agree that you will not, either on your own behalf or on behalf of any person or entity, directly or ind...

    Donna’s Answer

    Sorry - my answer above cut off. Here's the rest:

    I tell people to assume their non-compete agreements are enforceable, and not to sign them unless they can live with the restrictions. But an employee with the time, will, and resources to fight can frequently limit or eliminate their non-compete provisions.
    An employer who loses a non-compete suit will pay the employee’s attorney’s fees and costs, and may be liable for tortious interference if they cost the employee a job.
    If you’re leaving a job and you have a non-compete, get advice from an employment attorney before you leave. If you get sued, you MUST contact an employment attorney immediately to defend yourself.

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  • I was promoted and my employer agreed by e-mail that he would get the back pay taken care of. Now he says he didn't promise it

    Iwas promoted to plant mg'r and never received an increase at the time due to a loa.When I communicated with the Pres. of the division about the back pay as I returned at a higher per/hr wage and explained to him that it should be retro-active he ...

    Donna’s Answer

    The agreement to pay the back pay may well be a contract. You'll want to have an employment attorney review it for you to advise of your options.

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