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Stuart M. Address
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Stuart Address’s Answers

1,204 total


  • Terminated for asking for vacation and never paid for my over time!

    Hello, I was the "Vice President" of a company. My contracted pay was for 32 hours of work. During a conversation with the President I raised the point that I wanted to take my accrued vacation which I'd not done in 4 years. The President bec...

    Stuart’s Answer

    It is incorrect that all persons are entitled to overtime. You are only entitled to overtime if you are non-exempt. As a VP, it sounds as if you would be exempt. As for your vacation pay, it would seem you would be entitled to it absent a policy that you cannot bank it year to year. Also, if the employer has permitted any others to "bank" it then you may not be treated differently. As for not being eligible for unemployment, you are paying into it for situations in which you would qualify. If your wages are to high, or there is some other regulatory impediment, then you would not be eligible for unemployment.

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  • Can I legally fire a employee or did they quit?

    Yesterday a employee told us he was looking for a new job. Today he called in saying he had a job interview. Can I fire him? Did he quit? or can he get unemployment ?

    Stuart’s Answer

    You can let the person leave without having to honor a "notice" period. If they have resigned, they need not be permitted to stay during any notice period. However, if they have not resigned yet, you can still let them go but will likely expose yourself to a viable unemployment claim.

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  • Is this considered sexual harassment, and what can I do about it? It makes me really uncomfortable.

    I work at a restaurant that doesn't have a policy against co-workers dating each other. Months ago, back last summer, I had a short, casual "fling" with one of the bar backs. It wasn't public and it was very brief, but it did become known. Ever si...

    Stuart’s Answer

    The facts you provide regarding the comments being made do not appear to be explicit enough or of a nature to constitute sexual harassment or a hostile work enviornment. However, you should discuss it with a local employment law attorney.

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  • Racial stereotype at work.

    One day at work I (African American) was upset by what came out of my co-workers mouth (White). As we were working he said shi---- monkeys, shi----monkeys, need to eat more bananas, more bananas. I then ask co-worker what he said but didn’t reply....

    Stuart’s Answer

    I do agree with the comments of other counsel, but have something to add. Generally, statements made on one instance do not qualify as discrimination and/or harassment. HOWEVER, if you are punished for reporting what you believe to be discrimination or harassment you are still protected. Your claim would not be for the alleged discrimination or harassment, but instead for retaliation for reporting what you honestly believed to be discrimination and/or harassment. You should contact an employment law attorney promptly.

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  • Is my daughter being harassed and discriminated against by her employer?

    My daughter just started working F/T for a day care center, she got sick, went to the doctor, was threatened about losing her job, took them a doctors note and was told she wouldn't be put back on the schedule. She mentioned she would talk to a l...

    Stuart’s Answer

    I agree with the other two counsel responding. From the facts you provide, it does not appear that there is anything unlawful occurring; just what the courts refer to as "bad boss syndrome" which essentially means the boss is a jerk. This is not unlawful. However, if your daughter had to take at least 3 consecutive days off and the employer has at least 50 employees within a 75 mile radius, and your daughter worked there for at least 1 year and worked at least 1,250 hours during the year, then she MIGHT be eligible for Family & Medical Leave, which would protect her job and any adverse employment action. If any of this is true, you should contact an employment attorney promptly.

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  • If my boss, Company is breaking the law can I be fired for reporting them to Police?

    I work in St Petersburg as a cab driver We are required by the city to pay for permits I paid my $90 for my permit The company is owned by different owners Some owners make there drivers get permits some don't. When I asked why everyone doesn't ...

    Stuart’s Answer

    If you report unlawful activity to your employer or any governmental authority, you are protected by the Florida Whistleblower Act. You should contact a local employment law attorney as soon as possible.

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  • If I was fired from my job in 2012 can I be rehired in 2015?

    I worked for a company for over two years, but I was fired back in 2012 after failing a drug test. I didn't have any illegal drugs in my system, but I had an opiate called Codeine from a Tylenol #4 w/Codeine that my mother has a prescription for a...

    Stuart’s Answer

    There is no legal reason you could not be re-hired unless you signed an agreement in exchange for money not to seek re-hiring. It would be solely up to the employer whether to consider re-hiring you.

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  • My position was recently terminated at a company I have worked at for almost 20 years; i have been offered a severance package

    what are my rights? what can I ask for? i have only received a top line Transition Statement. Per HR I won't receive full written package info with release letter until my last day of employment -April 30, 2015

    Stuart’s Answer

    I agree with other counsel who have responded. If your position was terminated, there is probably a plan for severance which is unlikely to be modified for you unless you have some other information which could legitimately be utilized as leverage for a better package. To determine what you may know and whether there may be a basis to seek a better package, you should consult an employment litigation attorney.

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  • A probationary employee was terminated without cause, after sustaining injury

    the probationary employee was ordered to perform a task that resulted in injury to their shoulder, the employee went to company doctor and was placed on light duty for a while. When released by the doctor, company kept employee on light duty for a...

    Stuart’s Answer

    The key issue here is whether you were terminated for filing a worker compensation claim or suffering a work-related injury, OR whether there were any other non-prohibited reasons to terminate. At the very least, the proximity of the termination to the time of your injury and coming back on light duty would lead me to conclude that you should contact an employment attorney in your local area (which we are) as soon as possible.

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  • Should I punch for lunch

    I work overnights for lowes in Florida we get locked in the building and are required to take a thirty minute lunch is this correct

    Stuart’s Answer

    I'm not really sure what you mean by "locked" in the building. As for having to take a 30 minute lunch, yes it may be required. However, you must be free from all work during the break for it to be non-compensable as wages. If you have to do anything work-wise during your break, the entire break is subject to being paid as wages.

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