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Scott M. Behren

Scott Behren’s Answers

463 total


  • I signed a page stating I have seen the employee handbook . The company never signed their spot. Is it a valid contract.

    Im being sued. based on something I signed. In the employee handbook with a non compete (that I never saw). Now the document they included has my signature but where they were to signe there is no signature. Dont both parties have to signe..???

    Scott’s Answer

    If you signed the non-compete that is probably enough to try to enforce it against you, but the real question is whether the non-compete is enforceable or not. If you want more information on how to beat you non-compete check out our employee rights blog www.takethisjobnshoveitblog.com or contact us at www.behrenlaw.com for a consultation.

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  • Can an employee non compete be enforced for a contractor?

    I would greatly appreciate at least somewhat of a concrete answer. I understand that ideally you would be able to personally review the document, but please try. I was asked to sign an employee non compete and an employee agreement although I was ...

    Scott’s Answer

    I believe a 1099 can be subject to a non-compete if it satisfies the requirements of the Florida Statute. However, your employer could be mischaracterizing you as an independent contractor in violation of state and Federal law in order to avoid paying workers comp, payroll taxes, etc. If you wish to discuss this further with us, feel free to check out our website or employee rights blog.

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  • Can an employer take deductions from pay without notification to the employee?

    I work as a route driver - deliver goods to local businesses. I work on commission, with a guaranteed base pay. If the commission does not meet the base, I am paid the base pay. If the commission exceeds the base, I am paid the commission plus ...

    Scott’s Answer

    Probably not, what your employer is doing could be a violation of the Fair Labor Standards Act and the Florida Minimum Wage At, but you would need to have a lawyer take a look further at your pay documents and hours worked. Feel free to contact our office or check out our website and employee rights blog.

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  • I own a business with a family member. He has run into some money issues with his other businesses and now wants either a full..

    I own a business with a family member. He has run into some money issues with his other businesses and now wants either a full ownership or I take full ownership or we both sell the business together. Obviously he is still interested in not going ...

    Scott’s Answer

    Yes the first question would be whether or not you have a shareholder agreement or some contract between you that spells out how to deal with these situations. Also, who owns what % of the company? These are just a few of the questions that would have to be answered to address this matter further with you. My firm is experienced in dealing with business divorces such as this so feel free to contact us to discuss further.

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  • Tortious interference with an advantageous business relationship.

    I had a property manager who managed my Association. He sent intimidating, insulting emails to me when the condo president forwarded my email about him to the property mgr. My email to the board was basically that the mgr was a liar -which I hav...

    Scott’s Answer

    Your description of what took place is a little confusing, but feel free to contact my office to discuss further and give you some more detailed legal advice.

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  • I had slept with my supervisor for a year and a half. I was unwilling, but never said know in fear of losing or negatively

    affecting my job and career. I told my managers (who are higher than he is) and they are taking immediate action. I am curious though how I should be handling this situation. Should I be getting an attorney to file a sexual harassment lawsuit o...

    Scott’s Answer

    Yes you probably want to speak to a lawyer on this issues. You may want to go to EEOC to protect yourself from termination. One of the big issues with this is when you notified the employer and what actions they took to resolve the issue, etc. For more information, feel free to check out our website and employee rights blog.

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  • Is it legal to place a manager above an employee who has filed an harassment complaint aginst her in the past?

    I had worked for this company 3 times. 1. Contracts dpt, I gave notice and quit. 2 Martketing dpt, I filed an harassament complaint with HR against a female manager. Was offered another job in another city. I said no. Later that same manager aban...

    Scott’s Answer

    You may wish to make a complaint with HR or the EEOC re: the continued harassment in order to protect your rights. Feel free to check out our website or blog for more information on this process.

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  • Do my truck drivers have to be paid overtime?

    The business is a warehousing and delivery company. Our drivers are paid hourly (they clock in and out) and only engage in local, in-state deliveries. We are in Florida. I have been reading the FLSA but am confused about the requirements.

    Scott’s Answer

    If they engaged in interstate commerce they would be exempt, but in your case sounds like the more prudent course would be for you to pay overtime. Either way, you should get a formal opinion letter from an attorney or the Department of Labor, so that if you did get sued for FLSA violations, you can show your good faith attempts to comply with the law. Feel free to contact us to discuss further at our website or blog.

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  • Can I be terminated without warning because I violated the companys internet policy. Can I sue for racial discrimination?

    I know many of my piers that are constantly violating this policy in the same manner I did and have not been terminated. They base there evidence on the information on the servers, which all the employees are on. I believe I was handpicked for t...

    Scott’s Answer

    If you want to file a discrimination claim, you need to do so promptly by filing a charge with the EEOC. If you need more information about the process, you can find it on my website and employee rights blog. Also, the number of employees with your former company may affect where you can file. If they have over 15 employees you can file with the EEOC. If not, you can file with Lee County (assuming they still have their ordinance which they were trying to revoke)

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  • My company is asking me to sign a Resignation in Lieu of Discharge but is including a non compete clause, so I can't work in my

    My employer is asking me to sign a Resignation in Lieu of Discharge but is including a non compete clause, it means I can't work in my area anymore. What should I do?

    Scott’s Answer

    Aside from the non-compete, which I would not sign, even though you might be able to argue it is not enforceable, they might be seeking your resignation so that you will not be entitled to unemployment benefits. If I was you, let them fire you.

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