Donna Marie Ballman’s Answers

Donna Marie Ballman

Fort Lauderdale Employment / Labor Attorney.

Contributor Level 11
  1. Non compete agreement

    Answered about 5 years ago.

    1. Donna Marie Ballman
    2. John J. Sullivan
    2 lawyer answers

    Continued employment is valid consideration for a non-compete agreement in Florida. I think that's terrible, but our legislature has so far allowed employers to fire employees for refusing to sign. If you think it's wrong, talk to your state representative and state senator about changing the law. I'd suggest having an employment attorney review the contract for you so you understand your rights and obligations before you sign. You may be giving up too much to make it worth signing. If the...

  2. Is there any law preventing former employer demanding new employer terminate employment of former employee?

    Answered about 5 years ago.

    1. Dennis Andrew Chen
    2. Kenneth Brian Schwartz
    3. Donna Marie Ballman
    3 lawyer answers

    You may have a case of retaliation against the former and new employer. You can't be fired for filing a charge of discrimination. The former employer may also be liable for tortious interference with your employment. You should contact an employment attorney to discuss your rights and options.

  3. What are my rights if all of a sudden a position at work is taking from you?

    Answered about 5 years ago.

    1. Elizabeth Mitchell Oakes
    2. Donna Marie Ballman
    2 lawyer answers

    If you were treated differently than a less qualified male under the same circumstances, you might have a potential sex discrimination claim. You should contact an employment attorney to discuss your rights.

  4. How do I file a lawsuit against an employer in florida that has 15 or fewer employees?

    Answered about 5 years ago.

    1. Chelsie Marie Lamie
    2. Donna Marie Ballman
    2 lawyer answers

    I agree. It sounds like battery. If the employer has at least 10 employees, then if you object to or refuse to participate in this activity you could also be a whistleblower under the Florida Whistleblower Act. If that's the case, you should put your objection to the repeated sexual battery in writing to whoever handles human resources issues to make sure the company is on notice. You should contact an attorney to discuss potential claims. And for heaven's sake, find another job. No...

  5. Was termed was not told a reason why? No Rep from HR was there. Is that legal even in a At Will state?

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    They do not have to give a reason. 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...

  6. Do I have Legal recourse for being terminated do to an emergency in the family?

    Answered about 5 years ago.

    1. Robert David Shapiro
    2. Donna Marie Ballman
    2 lawyer answers

    I agree. I would just add that FMLA doesn't provide leave for illness of siblings, except where you acted as the primary caregiver for the sibling (if you raised your sister or had custody of her as an example) or if she is in the military on active duty. From a non-legal standpoint, your former boss sounds like a heartless jerk. I wish that were illegal, but it's not. You should probably qualify for unemployment though, if that's a consolation. I hope your sister is making a full recovery.

  7. Im employed with a retail company as a manager. My supervisor came out of his office and began to yell and use profanity to me.

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    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. Receiving a copy of a write up from employer

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    There's no requirement a private employer give any documentation. However, if it's government or if government has the records, you can get these documents. If it's federal government, the Freedom of Information Act entitles you to the information. If it's state or local government in Florida, then the Sunshine Act requires they provide copies of these records. I hope this helps!

  9. I have been asked by my employer to quit my job - due to a picture of me with another employee.

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    I wouldn't suggest quitting unless they offer you some severance or other compensation as an incentive. Otherwise, you have about zero upside and they might even argue against your unemployment if you do. Are they pressuring the male to quit, or just you? This may be a sex discrimination issue. If they fire you and not him, then you might have a discrimination claim. Of course, if they are giving you the option to stop dating him, then you can save yourself trouble if you simply stop dating him....

  10. What are my rights?

    Answered about 5 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    It certainly sounds like you have a potential race/national origin discrimination claim. You'll want to contact an employment attorney to discuss your rights and options. Just as a heads up, you only have 300 days to file with EEOC, and filing with them is a prerequisite to filing suit for discrimination, so you'll want to contact an attorney ASAP.

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