Donna Marie Ballman’s Answers

Donna Marie Ballman

Fort Lauderdale Employment / Labor Attorney.

Contributor Level 11
  1. What are my rights if all of a sudden a position at work is taking from you?

    Answered over 3 years ago.

    1. Elizabeth Mitchell Oakes
    2. Donna Marie Ballman
    2 attorney 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.

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

    Answered over 3 years ago.

    1. Chelsie Marie Lamie
    2. Donna Marie Ballman
    2 attorney 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...

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

    Answered over 3 years ago.

    1. Donna Marie Ballman
    2. L. Maxwell Taylor
    2 attorney 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...

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

    Answered over 3 years ago.

    1. Donna Marie Ballman
    1 attorney 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...

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

    Answered over 3 years ago.

    1. Robert David Shapiro
    2. Donna Marie Ballman
    2 attorney 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.

  6. 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 over 3 years ago.

    1. Donna Marie Ballman
    1 attorney 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...

  7. Receiving a copy of a write up from employer

    Answered over 3 years ago.

    1. Donna Marie Ballman
    1 attorney 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!

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

    Answered over 3 years ago.

    1. Donna Marie Ballman
    1 attorney 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....

  9. What are my rights?

    Answered over 3 years ago.

    1. Donna Marie Ballman
    1 attorney 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.

  10. Been at a job for 6 years they say that i didnt punch for lunch

    Answered over 3 years ago.

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