Benjamin Harris Yormak’s Answers

Benjamin Harris Yormak

Bonita Springs Employment / Labor Attorney.

Contributor Level 10
  1. I Got fired because of my Second Workers Comp Claim for my Injury at my same work place.

    Answered about 2 years ago.

    1. Benjamin Harris Yormak
    2. Robert C. Alston
    3. Corey Blake Goldberg
    4. Nicholas M. Graphia
    5. David J. McCormick
    6. ···
    6 lawyer answers

    You need to consult with a Florida employment attorney right away. My firm has run into this issue more and more and it seems like in these tough economic times that more employers are terminating worker who have filed for workers' comp. In Florida, as is true in most states, it is illegal to terminate an employee because of his filing of a workers' comp claim. However, from your posted message, there are not facts (but merely conclusions) as to why you were fired. An attorney will need to know...

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  2. I am currently on maternity leave, I spoke to my manager this morning and she informed me that i am now jobless.

    Answered over 1 year ago.

    1. Benjamin Harris Yormak
    2. Barry A. Stein
    3. Temple Deanna Trueblood
    3 lawyer answers

    So long as your employer has more than 15 employees, you appear to certainly have a cause of action against your employer under the Pregnancy Discrimination Act (PDA- which amended Title VII of the Civil Rights Act of 1964 to include pregnancy as a protected class). While pregnancy is NOT a disability, pregnant women must be treated the same way as other employees are treated who have disabilities. Stated simply, if the employer grants other employees the ability to use the restrooms or eat...

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  3. Can my wife file a lawsuit against her company/co managers/ boss for a letter she found that is personally slanderous?

    Answered almost 2 years ago.

    1. Benjamin Harris Yormak
    2. Clifford M. Miller
    3. Charles William Franklin
    4. Sharon Hultner Green
    5. Scott Douglas Camassar
    5 lawyer answers

    While the other attorneys' comments are mostly accurate, as a labor & employment attorney, I have a slightly different take on this situation. First of all, defamation cases are highly fact specific and I am basing my comments solely upon your above statements. The most obvious claim you and your wife might have would be for defamation but as another attorney pointed out, if there is no significant damage caused, then it is likely not worth pursuing. However, if the statements in the note have...

    5 lawyers agreed with this answer

  4. Can i sue an employer for firing me after i was in a car accident and wasnt able to perform my duties at 100 percent?

    Answered over 2 years ago.

    1. Jonathan Hayes Groff
    2. Jacob E. Segal
    3. Benjamin Harris Yormak
    4. Daniel Nelson Deasy
    5. Steven Mark Sweat
    5 lawyer answers

    I agree with all of the previous comments but add the following. First, absolutely retain a well-qualified Florida personal injury attorney, and one who will work well with other attorneys. This is because your matter appears to be limited not just to personal injury but also could involve workers' compensation (Florida Statute 440), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), ERISA (a complicated federal statute governing short/long-term disability...

    4 lawyers agreed with this answer

  5. Can my employer terminate me for poor work performance due to health problems? I have no FMLA/pto, dr approved time off

    Answered almost 2 years ago.

    1. Benjamin Harris Yormak
    2. Barry A. Stein
    2 lawyer answers

    Mr. Stein is definitely on the right track. However, a lot depends on what your functional abilities are to date and what they will be in the near future. If you believe that with therapy you will be able to return to work and perform the essential functions of your position in the near future, then you might wish to ask for brief leave (beyond that of the FMLA) as a form of accommodation for your disability. Under the American with Disabilities Act, an employer must engage in an interactive...

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  6. I had issue with previous employer, EEOC issued the Notice of Right to sue, does it go by the date that was issued?

    Answered about 1 year ago.

    1. Joseph Charles Shoemaker
    2. Benjamin Harris Yormak
    3. Joshua Sanford
    4. Mishka L Marshall
    4 lawyer answers

    The short answer is that if no lawsuit is filed after 90 days from your RECEIPT of the Right to Sue Letter, your claims are forever barred and you will not be able to recover anything. Employment cases such as these are rarely simple and are best handled by an employment attorney. You can try to file something for yourself but your odds of successful recovery are greatly diminished by doing so. If you truly cannot locate an attorney, you will need to draft a Complaint and file it with the Court...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How to handle an offer for 2 wks severance in return for signed release after resigning due to retaliation/sexual harassment?

    Answered over 1 year ago.

    1. Benjamin Harris Yormak
    2. Darrel S Jackson
    3. Joseph Charles Shoemaker
    3 lawyer answers

    This is all-too-typical and is something I see regularly here in southwest Florida. Many of my clients are presented with a "severance agreement" where the employer dangles the proverbial carrot of a small cash offering in exchange for a blanket release of any and all claims you have against them. You need to contact an attorney right away PRIOR to signing any documents that the employer has presented you with. Apart from the severance agreement, it appears you very may have a valid claim of...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Did the employer engage in obstruction of justice?

    Answered almost 2 years ago.

    1. Benjamin Harris Yormak
    2. Herbert J Tan
    2 lawyer answers

    Your employer likely did not engage in obstruction of justice, but probably did violate the Fair Labor Standards Act, which requires you to be paid at 1.5 times your regular rate of pay for each hour worked over 40 per WEEK (not per pay period). If you are not being paid at this rate, you likely have a claim under the Fair Labor Standards Act (and also under Florida law)- you should consult with a Florida employment law attorney right away if this is the case. Also, unpaid overtime, improper...

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  9. My uncle was fired about 4-5 months ago. Is there a time period in florida where you can apply for unemployment?

    Answered almost 2 years ago.

    1. Benjamin Harris Yormak
    2. Charles Scott Edwards Greenberg
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Here in Florida, you get unemployment benefits from the date you apply and NOT the date of termination. In essence, there is no retroactive benefits paid for the period between the termination and the date of application for unemployment benefits. This is why he should apply for unemployment benefits right away (which can be done online- http://www.floridajobs.org/job-seekers-community-services/reemployment-assistance-center/file-a-claim). Please bear in mind that if he was terminated for...

    3 lawyers agreed with this answer

  10. Florida employment discrimination lawsuit. Is a school district considered a Sovereign Immunity?

    Answered almost 2 years ago.

    1. Benjamin Harris Yormak
    2. Barry A. Stein
    3. Robert Wayne Hudson
    4. Steven Greg Wenzel
    4 lawyer answers

    Yes and no. If this involves a potential violation of federal employment laws, then no, the school district cannot claim sovereign immunity. State claims, however, may be subject to sovereign immunity as Mr. Stein alluded to in his answer. I routinely bring suit against school districts for violation of federal and state employment laws and have been successful in doing so.

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