Donna Marie Ballman’s Answers

Donna Marie Ballman

Fort Lauderdale Employment / Labor Attorney.

Contributor Level 11
  1. I am 7 months pregnant and was just informed by my employer that the company is not required to hold my position under FMLA.

    Answered over 5 years ago.

    1. Donna Marie Ballman
    1 lawyer 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...

    1 person marked this answer as helpful

  2. Salaried employee plus commission.

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    If you have a written offer letter which you accepted, then it is a contract. If the employer breached that contract, you may well have a potential lawsuit. If the employer unilaterally changed the terms of the contract after you started, then they may or may not be permitted to do that, depending on what the contract says about how it can be modified. You'll probably want to have an employment attorney review the contract with you to discuss your options. Other potential claims you have...

    1 person marked this answer as helpful

  3. What do I need to prove to bring a wrongful termination lawsuit against my employer in state of Fl

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    2. Jeffrey Patrick Bassett
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  4. Can a company force my husband to sign a contract for employment?

    Answered about 4 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    Unfortunately, continued employment is valid consideration for an employment contract in Florida. If they gave him a copy, he should try to get an attorney to review it ASAP before he signs it so he understands what he's agreeing to. If he signs, the courts won't take as an excuse that he didn't understand it.

  5. Non-Compete laws in Florida

    Answered about 4 years ago.

    1. Ayuban Antonio Tomas
    2. Donna Marie Ballman
    3. Bonita M. Riggens
    3 lawyer answers

    His employer will say he is bound by his non-compete agreement. Most employees don’t have the will or resources to fight. Many think, if employers forced them to sign or fired them, they are not bound by a non-compete agreement. That’s not true. Florida statutes presume non-compete agreements are valid. That doesn’t mean you can’t get out of yours if you’re willing to fight. Usually the employer sends a letter threatening to sue the employee and the new employer, and the employee gets fired...

  6. Is a non compete enforsable, in florida, if employee is terminated prior to 90 days?

    Answered about 4 years ago.

    1. Richard Ernest Wolfe
    2. Bonita M. Riggens
    3. Donna Marie Ballman
    3 lawyer answers

    This type of situation could be considered fraud in the inducement, which might be a defense to enforceability. You might also have some potential claims against the employer if they truly hired you just to take your contacts. However, Florida courts tend to be pretty harsh in enforcing noncompete agreements. I'd suggest contacting an employment lawyer to review your contract with you and discuss your options.

  7. My employer is in direct violation of statute 790.251i and searched all cars in parkinglot

    Answered over 4 years ago.

    1. Richard Ernest Wolfe
    2. Donna Marie Ballman
    2 lawyer answers

    I'm not sure what happened, but the answer above was by me. Here it is again: Assuming your workplace doesn't fall within one of the exceptions to the statute, you have a civil remedy if you are terminated for having a firearm in your vehicle at work. They are not allowed to condition your employment on an agreement not to have a firearm in the vehicle. They aren't even supposed to ask if you have one, and can't fire you for saying you have one in your vehicle. You can either complain to...

  8. Do I have any recourse regarding harassment-like conditions with a co-worker?

    Answered over 4 years ago.

    1. Donna Marie Ballman
    2. Bonita M. Riggens
    3. L. Maxwell Taylor
    3 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, genetic information, 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...

  9. I am owed money from a previous employer. what legal action can I take to get the money that is owed to me for services provided

    Answered over 4 years ago.

    1. Donna Marie Ballman
    2. Andrew Daniel Myers
    2 lawyer answers

    You may want to contact an attorney who handles Fair Labor Standards Act cases. While the amount is too big for small claims court, an attorney who handles this type of claim may be willing to pursue a case for a smaller amount than many other attorneys. That's because they handle lots of these cases and can process them several at a time. You can try the Florida Department of Labor and the U.S. Department of Labor, but they're usually pretty overwhelmed. Good luck with it! Donna

  10. Are non-compete clauses valid in FL due to layoffs?

    Answered over 4 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    The answer may well depend on the language of your contract, so you'll want to have an employment attorney review it. If you had no information about this product line, I'd certainly question whether or not they have a legitimate interest to protect. The easiest way to get an answer is to tell your old company, in writing, that you have a job offer from this company and tell them that you don't believe it will be in violation of your non-compete. Tell them that, unless they object within, say,...

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