Donna Marie Ballman’s Answers

Donna Marie Ballman

Fort Lauderdale Employment / Labor Attorney.

Contributor Level 11
  1. Can i be fired for missing work with a doctor note?

    Answered over 5 years ago.

    1. Donna Marie Ballman
    1 lawyer 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...

  2. 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

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    2. Herbert J Tan
    2 lawyer answers

    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.

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

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    2 lawyer answers

    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...

  4. 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

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer 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.

  5. Do I need an employment contract?

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    2. Okorie Okorocha
    2 lawyer answers

    Since Florida is an at-will state, an employment agreement is a great idea to protect employees. You would want a provision saying you can only be fired for cause, and setting out what cause would be. If you are fired without cause, you would want to be entitled to severance. The agreement should be for a set amount of time and set out all compensation agreed. Other provisions would depend on what you have discussed with your employer about terms and conditions. Many employers won't offer...

  6. Is a non-compete agreement voided if my employer changes my pay from salary to straight commission?

    Answered almost 6 years ago.

    1. Clifford B Shepard
    2. Donna Marie Ballman
    2 lawyer answers

    If your employer put the non-compete provision in an employment contract spelling out compensation, insurance and other conditions of employment, it is important to have an attorney go through the contract line-by-line. If the employer breached the agreement by failing to pay all compensation due, failing to fulfill the insurance requirements, or failing to meet some other obligation, the employee is relieved of all obligations under the contract. Some other defenses you might have are:...

  7. When you are really sick and have a doctor's note for no work can an employer make you work?

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    If you've been employed for at least a year and the employer has 50 or more employees, you are protected by Family and Medical Leave. Get a doctor's note that you can't work due to a serious medical condition. They will have to grant Family and Medical Leave for up to 12 weeks. If you've been employeed less than a year or if you work for a small employer, unfortunately you have few protections under the law. The exception would be if your infection relates to a disability, in which case you...

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

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    2 lawyer answers

    Your employer will tell you that you are bound by your non-compete agreement when you leave. The reality is that most employees don’t have the will or the resources to fight them. Many employees think, just because an employer forced them to sign the agreement or fired them, they are not bound by a non-compete agreement. That’s just 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. What usually...

  9. Do my friend have a case

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    It sounds like a potential pregnancy discrimination case. She'll want to contact an employment attorney with the details of what reason they've given for the termination and any disciplinary history she has so she can find out her legal rights. If the reason given is job elimination, but they're replacing her, it sure sounds like she potentially has a legal claim against them.

  10. Employment law in Florida

    Answered almost 6 years ago.

    1. Donna Marie Ballman
    1 lawyer answer

    It sounds like they are concerned about the age discrimination issue. You should make a formal complaint of age discrimination in writing, and lay out for them how the older employees are being singled out for different treatment. If they retaliate against you after you complain in writing, then you should contact an employment attorney to discuss your rights.

954-680-6300