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Stuart M. Address
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Stuart Address’s Answers

1,216 total


  • Can a salaried employee be docked a day's pay, not be paid OT when arrangement was for 40 hrs? Last pay was dropped to min wage.

    During my interview employer and I agreed to salary for 40 hrs a week. I missed 1 day, he docked me the days pay. Following week I did not receive overtime. He stated that he could not pay me that much. He would let me know what he could pay. I qu...

    Stuart’s Answer

    The caption of your question and the facts contradict so more information is needed. In the caption, you say you are a salaried employee. In the body, you simply state you agreed to work a 40 hour week. If you were a properly exempt salaried employee then it would be proper to dock you a full day's pay if you were absent (partial days cannot be docked for properly exempt salaried employees). Also, if you were a properly salaried employee, no overtime is due. If you were a non-exempt employee, then overtime would be due. You should consult with a local employment attorney to see what kind of employee you properly were while employed and to determine what rights you may have in this regard.

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  • Can you sue a company for gender discrimination. Such as a female and male get terminated for same reason female keeps job.

    A black female and male get fired for the same reasons but at different times and both are represented by a union. The female keeps her job and the males losses his and is also misrepresented by the union is their any legal action can be taken aga...

    Stuart’s Answer

    I agree with other counsel regarding the basic law against discrimination on account of race and/or gender. However, the question says both got fired and then it says only one lost their job so there is some confusion in the fact pattern. The reason for the termination must be a discriminatory one; it need not be admitted and may be proven in court but that must be the motive for the adverse employment action.

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  • 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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