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Scott M. Behren

Scott Behren’s Answers

463 total


  • If the majority of my income was derived as a 1099 subcontractor,with the balance derived as minimum wage by W-2, am I considere

    d an employee and does a signed non compete agreement even pertain to me? All verbage in agreement refers to employee and higher percentage of my income was as a subcontractor so is this agreement vali????

    Scott’s Answer

    Non-competes can be applicable to W-2 and 1099 employees, but whether the non-compete is enforceable is another question altogether. We review non-competes and give advice on their enforceability all the time. Feel free to contact us.

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  • My manager told other employees what him and I talked about in the office.

    my manager told other employees what him and I talked about in the office when he was coaching me about a rude customer.

    Scott’s Answer

    Although unprofessional probably not illegal unless your employer has a policy that coaching will remain confidential and normally, other coachings with other employees were kept confidential.

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  • I was terminaited from my job of 23 yrs after having 2 years of him trying to make me step down from that job should I seek help

    Terminated for as said was performance issue I have many thing emails copies of 2012 employee survey results form those that reported to me that should opposite of that written in term papers. Also peers and customers that would argue the same for...

    Scott’s Answer

    Depending upon the facts, maybe you have a claim for age discrimination. You might want to speak with an employment lawyer to give more facts about your termination. Feel free to contact us at www.behrenlaw.com or www.takethisjobnshoveitblog.com.

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  • My employer states that I am part time salaried, working up to 35 hours a week, no benefits. is this legal?

    i am currently pregnant (high-risk). prior to him being employed i was allowed to work from home. the stress is causing complications. what are my rights?

    Scott’s Answer

    Depending upon the number of employees, you may have a claim for pregnancy discrimination. You may want to make a formal complaint with with HR or the EEOC. If there are at least 50 employees, you may want to seek FMLA leave. You probably want to speak with an employment lawyer to discuss further. Feel free to contact us at www.behrenlaw.com or our employee rights blog www.takethisjobnshoveitblog.com.

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  • If I am in inside sales on 100% commission, with a $1000 month draw. am I entitled to O/T when required to work 50-60 hr week

    Not enough sales to cover draw so have to pay min. wage. am I entitled to overtime wages for the additional 10-20 hours a week they require us to be here.

    Scott’s Answer

    As far as 100% commission, you need to be making at least minimum wage for the hours worked with your draw. If not, this could be a violation of Federal and Florida law. There are certain overtime exemptions for sales persons, but I would need more factual information in order to tell you if you should be paid for overtime. If you want more information feel free to contact us at www.behrenlaw.com or check out our employee rights blog www.takethisjobnshoveitblog.com

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  • Is a fake doctor note illegal in florida?

    i didnt sign as a doctor, just put 2 squiggly lines as the name and i did not recieve any compensation of anyform for the missed work day, am i in serious trouble?

    Scott’s Answer

    Forging a doctors note was probably not a good idea.

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  • I am a 45% owner / member in a 3 member LLC I formed. My 2 partners ganged up on and voted me out and now claim they can dilute

    my ownership interest by putting in capital contributions while I refuse to do so. The operating agreement specifically states no member shall be required to contribute additional capital. The company is thriving and very profitable, but they ar...

    Scott’s Answer

    Sounds like you may have a legal claim against your partners. If you want further advice, feel free to contact us at www.behrenlaw.com. We have handled many business divorces.

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  • I have worked with a company for 11 years as assistant manager. I heard from an employee that I am demoted. Is there any advice

    After 11 years with a company as assistant manager, I heard from an fellow employee that I have been demoted but not fired. No verbal or written notice was given to me, that this action is coming. A much younger employee with a very little emplo...

    Scott’s Answer

    You might want to address the issue with Human Resources, even if no action has been taken against you yet. If the demotion does take place, you may wish to file a charge with the EEOC. You can learn more about this process on our employee rights blog www.takethisjobnshoveitblog.com. Feel free to contact our office at www.behrenlaw.com.

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  • I applied at a "Company" in Miami, For receptionist position.

    After what was a good interview. I left. He told me that he had a couple more interviews and would let me know in 2 days. I have not pulled out of the parking lot when he TEXT me asking me out for a drink and told me I was very SEXY. Told him I co...

    Scott’s Answer

    First step would be to file a Charge of DIscrimination with the EEOC. Feel free to check out our employment law blog www.takethisjobnshoveitblog.com to learn about he EEOC filing process. My office can also help you with the process at www.behrenlaw.com.

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  • How can we get pay for the job we did before a fire in the company , they keep lying to us and we need our money,can you help us

    we are about 18 employees, the owners don't even talk to us and they avoiding any coumnication, we went to winks news and they lie to them also, they owe us about 3 weeks of pay to each one, we found a report in Detroit about this person were he ...

    Scott’s Answer

    There may be claims by the employees against the company and the owners personally. Question is whether company is still in business. Feel free to learn more about your legal rights on www.takethisjobnshoveitblog.com or contact us at www.behrenlaw.com.

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