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Scott M. Behren

Scott Behren’s Answers

463 total


  • Am i entitled to my earned vacation after leaving my employer?

    due to unfair conditions

    Scott’s Answer

    Maybe. Does your employer have a policy? I have blogged on this issue on our employee rights blog www.takethisjobnshoveitblog.com or check out our website www.behrenlaw.com.

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  • I was release from mi duty as supervisor of cabinet makers can I get other job with out incontinent for the bottom nondisure

    NOW THEREFORE, in consideration of Employee's employment by ..... the disclosure of confidential information and trade secrets (“Proprietary Information”), and other good and valuable consideration, the receipt and value of which are hereby ack...

    Scott’s Answer

    You really not to have a lawyer review it. The document should be read in full for advise. Feel free to contact our office for consult or check out our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com.

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  • My last day of work was April 15th. I didn't realize until a few weeks later that my pay had not been deposited in my bank .

    I contacted my employer by email this was his response,: "If you remember right you did little or nothing the last week the pay period starts on Tues you left for Holiday and was going to see *** till the end of the week you came back and quit Fr...

    Scott’s Answer

    Complaint to the U.S. Department of Labor to get your paycheck or hire a Florida employment law attorney. If you have to sue to get your pay, you are entitled to recover lawyers fees. Feel free to check our our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com for a consultation.

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  • My boss is threatening to sue me for money he paid me

    I was working at a company for 8 months and when i was hired he promised me a raise after 2 months. Eight months passed and he never gave me the raise. I requested a raise about 3 weeks ago and now he tried to tell me he was overpaying me. He cla...

    Scott’s Answer

    Yes your employer could sue you. Anyone with $500 can sue anyone for pretty much anything. Whether he has valid claims or would bother is another question. I would not give him any money back unless you were legitimately overpaid. If he fires you seek unemployment and find another job.

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  • Re: Allocation of legal fee liability in lawsuit having Fair Debt Collection Act claims among others

    I understand that in a FDCPA or FCCPA lawsuit a plaintiff will not have attorney fee liability if he/she loses (holding aside some exceptions to this rule). But what if the lawsuit has other claims (e.g., fraud, breach of contract) that involv...

    Scott’s Answer

    This would depend upon the causes of action asserted against the parties, most causes of action do not provide for legal fees in Florida. That would depend upon whether there is a written contract between the parties that provides for recovery of attorneys fees. There are also some rules in Florida that can be followed to to recover attorneys fees such as serving a proposal for settlement. In short, you really would need to consult with an attorney with more details. Feel free to contact my office or check out our website www.behrenlaw.com.

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  • Salaried employee overtime pay. I'm I miss-classified?

    I worked on a billion dollar Restaurant chain as a General Manager. I'm classified as an exempt employee that worked 50-60 hrs per week, but paid 40 hrs as indicated on my paycheck. All managers get paid between $600-$1200 per week. All managers ...

    Scott’s Answer

    Based upon your description and depending upon whether you hired and fired employees, you may very well have been misclassified as exempt and may be entitled to overtime. For more information check out our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com.

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  • Was just terminated, but not given any documentation or prior formal written documentation.

    received a severance package, should I sign or see a lawyer first?

    Scott’s Answer

    Normally have a lawyer review your severance agreement and discuss with you whether you have any claims for wrongful discharge. IF you have no claims, you probably want to take the severance, but otherwise may not want to take the severance. For more information about severances check out our employee rights blog www.takethisjobnshoveitblog.com.

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  • I filed unemployment compensation after i had surgery that would prevent me from doing my previous job,

    i am a truck driver i recently had neck surgery, due to a rear in accident in a personal vehicle, the surgeon suggested that i change career because the constact bouncing up and down will aggrevate the spine and cause collateral damage later on.. ...

    Scott’s Answer

    Your question is not clear have you been refused unemployment? If so you have strict time limits to seek an appeal and should do so with the help of a lawyer. For more information about your employee legal rights check out our employee rights blog www.takethisjobnshoveitblog.com.

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  • I am facing extremes amounts of pressure from a manager who seems to be seeking to get me fired. Possibly retaliation from commu

    nicating some behaviors to his boss. The company I work for is a bank, and they have an HR department to protect themselves. Yet, the management staff gets protections as well. Can I sue him for defamation of character if I eventually get fired on...

    Scott’s Answer

    YOu may want to file a complaint with HR about the supervisor or maybe the EEOC if the problems are based upon religion, race, sex, etc. For more information about your employee legal rights check out our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com.

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  • Can I still sue my former employer? Can I apply for dissability benefits?

    Last April 2011 I began experiencing severe pain in my back, neck, arms, and hands. I was working at a company for ten years sitting in front of a computer entering data on a daily basis. Last July I e mailed my supervisor about taking a d...

    Scott’s Answer

    Yes, there can be possible ADA claims, FMLA claims and violations of the Florida Civil Rights Act. I also wonder whether you have a workers comp claim for an on the job injury and then maybe the termination was a violation of the workers compensation retaliation statute. Feel free to check out our employee rights blog at www.takethisjobnshoveitblog.com or our website www.behrenlaw.com. Call us for a free consult if you wish.

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