Donna Marie Ballman’s Answers

Donna Marie Ballman

Fort Lauderdale Employment / Labor Attorney.

Contributor Level 11
  1. If another employee at your company constantly belittles you and talks down to you....is that consider harassment?

    Answered over 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...

  2. If i change job can i work in a 2 miles one from the other even im doing diferent work

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    Do you have a non-compete agreement? If not, you can work where you want. Your employer will say you are bound by your non-compete agreement when you leave if you signed one. 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....

  3. Is it legal in the state of Florida to have employees sign a 2 year no compete clause?

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    Two years is possibly legal in Florida. However, there are lots of defenses to enforcement of non-compete agreements. His employer will say he's 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 he can’t get out of his if he's willing to fight....

  4. If i was bullied and berated during my training period on a new job, and was eventually fired by this bully, do i have a case

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    If she bullied you due to your race, age, sex, religion, national origin, disability or other protected status, you might have claims. However, Florida is an at-will state, meaning you can be fired for any reason or no reason at all. And bullying, unfortunately, is not illegal here. You may want to contact an attorney if you think you're in a protected category. I hope this helps!

  5. If a company goes bankrupt and becomes a new LLC can they hold previous employees to a non-compete agreement?

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    2. Ronald Anthony Sarno
    2 lawyer answers

    If the new company is a successor, in other words, bought out the old company, they may be able to enforce it. If the old company is simply out of business, and the owners opened up a new company doing the same thing, they probably can't enforce it. There are lots of defenses to non-compete agreements in Florida. You will probably want to have an attorney review your contract for you to advise of your options.

  6. Can my company fire me for leaving on a vacation that they were aware of upon hire?

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    If others of a different race, age, sex, national origin, marital status, religion or other protected category were allowed to take vacations and not fired, then you may have a discrimination claim. If you left another job in reliance upon the representation that you would be allowed to take the vacation, there may be a fraud claim. I would suggest contacting a Florida employment attorney to discuss the matter further. I hope this helps!

  7. Is it legal in Florida to only cut some employees pay and not all employees?

    Answered almost 6 years ago.

    1. Christine Elizabeth Pejot
    2. Donna Marie Ballman
    2 lawyer answers

    It depends on whose salaries they are cutting. You say it is only the females. Are there men in the same position as the women who aren't being cut? If so, then you may have a sex discrimination claim. What's harder is if only women are in that particular job classification. I'd suggest running the facts past an employment law attorney. I hope this helps!

  8. While on FMLA, can an employer terminate an individuals citing workforce reduction? F

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    2. Archibald Johns Thomas III
    2 lawyer answers

    If others who are in the same position with less seniority or less qualification than you were retained, then this may be illegal. I would find a one person layoff particularly suspicious. However, an employer can do a bona fide layoff during a FMLA leave. If the position remains and all they did was cut your pay, that may also be illegal unless they did it across the board. I hope this helps!

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

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer 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!

  10. 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

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer 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!

954-680-6300