Arthur Thomas Schofield’s Answers

Arthur Thomas Schofield

West Palm Beach Employment / Labor Attorney.

Contributor Level 14
  1. If I speak with an Attorney, about my dissatisfaction with my present Attorney can they disclose this to my Attorney?

    Answered 9 months ago.

    1. Arthur Thomas Schofield
    2. Barry A. Stein
    3. John Michael Phillips
    4. Jennifer L. Ellis
    4 lawyer answers

    The attorney should not reach out to your current counsel without your permission. I have reclassified your question as one involving ethics. In an abundance of caution you should be clear with the most recent attorney that you do not want your counsel contacted.

    Selected as best answer

  2. I live in Fl. If I give a 2 wks notice to my boss. and he gets rid of me prior to 2 wks ending...am I eligible for unemployment?

    Answered over 1 year ago.

    1. Arthur Thomas Schofield
    1 lawyer answer

    Nn, if you are the reason for the separation you are deemed ineligible for compensation. At best you may be entitled to one or two weeks of benefits. Normally an employer will accept the resignation, tell you that you do not need to work it, but that they will pay you which would prevent you from recovering even one week of unemployment compensation benefits.

    5 lawyers agreed with this answer

  3. If an employer lies about a witness to sexual harassment claim can I sue after two years? Was told no witness = no case.

    Answered 7 months ago.

    1. Arthur Thomas Schofield
    2. Salvatore Joseph Sicuso
    3. Kevin Rindler Madison
    3 lawyer answers

    A claim for sexual harassment cannot be made until after a Charge has been filed with the EEOC and/or FCHR. The Charge has to be before the EEOC within 300 days of the event; 365 days with the FCHR. If those deadlines have passed your claim is gone even if someone lied about what witnesses may have said. Hope this answers your questions.

    Selected as best answer

  4. Will signing a termination agreement, waiver and release make me ineligible to claim unemployment?

    Answered about 2 years ago.

    1. Arthur Thomas Schofield
    2. Robert Scott Norell
    2 lawyer answers

    Mr. Norell is correct, however, you can also view the money received as compensation for the release of a legal claim and not as wages or earnings. In either event, it is only one week. The entering into the agreement will not deem you ineligible, but I would recommend you consult with an attorney. Your leave could have been protected under the Family and Medical Leave Act and you could be waiving your rights.

    Selected as best answer

  5. Unemployment Claim being challenged by former employer, though they advised me to upon discharge to file for Unemployment.

    Answered over 1 year ago.

    1. Arthur Thomas Schofield
    2. Whitney Blake Ambuter
    3. Christopher Daniel Leroi
    3 lawyer answers

    Unemployment will send you an intial determination stating that you are eligible, or not, for the benefits. Whoever loses has the right to appeal the decision and ask for a hearing. It is at the hearing that the true and often final decision is made. Not showing up for work and failing to call would not normally result in being denied benefits, even assuming it were true. I would recommend you having counsel for the hearing if it goes that far. They are all done by phone today so counsel...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I am an independent contractor (realtor) with a contract that was recently terminated. Is the termination justified?

    Answered 9 months ago.

    1. Arthur Thomas Schofield
    2. Joseph Charles Shoemaker
    3. Guy D Knoller
    3 lawyer answers

    Your contract or agreement should be reviewed to provide a complete answer, but it is likely it allowed for the termination at any point in time. If so, there is no recourse. As for access to your work e-mail, you are not entitled to that access and I caution you going forward that personal information should never be exchanged or placed in your work e-mail. That is e-mail that belongs to the employer. Hope this helps.

    Selected as best answer

  7. I am a manager at a auto dealership and had an affair with a female salesperson. It was completely consensual.

    Answered over 1 year ago.

    1. Arthur Thomas Schofield
    2. Mishka L Marshall
    3. Christine C McCall
    3 lawyer answers

    In Florida, absent an employment contract providing otherwise, an employer is free to terminate your employment for any reason as long as it is not an illegal reason. They can also terminate for no reason. With that said, whether you need to be concerned about your job likely depends on how quickly you think the employer will make a termination decision. The employer can impose whatever moral restrictions they believe are appropriate. For example, if dating employees is prohibited they can...

    Selected as best answer

  8. Am I entitled to over time pay? Florida law

    Answered about 2 years ago.

    1. Arthur Thomas Schofield
    2. Heather Morcroft
    3. Carlos V. Leach
    3 lawyer answers

    If you worked, actually worked, less then 40 hours, none of the 45 hours will be paid at an overtime rate. If I understand the facts correctly, you worked 37 hours in 4 days; did not work a 5th, but were paid for the 5th by using 8 hours of PTO. In that scenario, not overtime pay is owed.

    Selected as best answer

  9. Can I sue a co-worker for publicly humiliating me in front of other co-workers?

    Answered 26 days ago.

    1. Arthur Thomas Schofield
    2. Charles Michael Baron
    3. Alberto Naranjo Jr.
    4. Christian K. Lassen II
    4 lawyer answers

    Could you, yes; should you, probably not. Little chance the co-worker will have the money to satisfy any substantial judgment. Suing him, spending a lot of money to recover nothing would be adding insult to injury. If your employer will not step in, look for another employer. Best of luck.

    4 lawyers agreed with this answer

  10. Do I have to tell my employer what my vacation is used for in Florida?

    Answered about 1 month ago.

    1. Arthur Thomas Schofield
    2. Douglas Ron Coenson
    3. Alan James Brinkmeier
    3 lawyer answers

    No requirement, but could an employer condition granting your vacation time on an explanation of where you were going, sure. You are generally entitled to vacation, but only with the employer's OK as to when it is taken. You also need to be careful because unless you have a contract or agreement, you are employed at the will of the employer which means they can terminate you for not telling them where you are going on your vacation. Hope this helps.

    4 lawyers agreed with this answer

Call now for a free consultation.

561-655-4211