Stuart M. Address’s Answers

Stuart M. Address

Stuart Employment / Labor Attorney.

Contributor Level 16
  1. Do I have a sexual misconduct claim?

    Answered over 2 years ago.

    1. John Elliott Leighton
    2. Barry A. Stein
    3. Stuart M. Address
    4. Earl Kenneth Mallory
    5. Christian K. Lassen II
    5 lawyer answers

    You may have a legal claim but regardless you would almost certainly have an administrative claim to complain to the Department of Business & Professional Regulation about his conduct so that an investigation could be undertaken about possible discipline against him. You can conduct the DBPR or look at its website for how to complain about a doctor and if you need assistance in drafting consult an attorney. As for a possible civil claim, you should sit down with an attorney and discuss all the...

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  2. So i've been at the same job for five years now. They've issued all employee's a "Noncompete agreement form". Are these legal?

    Answered over 1 year ago.

    1. Stuart M. Address
    2. Barry Evan Haimo
    3. Jonathan Hackworth
    3 lawyer answers

    In Florida, courts may "blue pencil" non-compete agremeents (rewrite them). They must be reasonable in scope and duration. Agreements of less than 6 months are presumed reasonable. From 6 months to 2 years there is no presumption. Over 2 years is presumed unreasonable. As to geographis scope, it is more dependent on where the employer does business or may reasonably be expected to do business during the period of the non-compete. It would be harder for a small employer to enforce a 150 mile...

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  3. What is a proposed order and how is it written to the court

    Answered over 2 years ago.

    1. Stuart M. Address
    2. David E. Schreiber
    3. Michael Gerard Leonard
    4. Pamela Koslyn
    4 lawyer answers

    I can explain a proposed Order but I'm not sure you are at that stage yet from the brief facts you provided. A proposed Order is one typically prepared with a motion or at the Judge's request for the Court's review. If prepared at the Judge's request, typically you have to run it by adverse counsel to see if he/she agrees as to the form of the proposed Order not the substance because the Court has already rules on the substance. If it is being prepared as part of a motion which requires a...

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  4. Any way around a non compete in FL?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Scott M. Behren
    2 lawyer answers

    Non-competition agreements in Florida are governed under statute and common law. Generally, they are enforceable to the extent that they are reasonable in duration and geographic scope and promote a legitimate business interest of the employer. In litigation over such agreements, a court will examine the facts and may revise the agreement as to duration or scope. The general rule of thumb is that an agreement restricting competition for 1 year or less is presumed reasonable. In your...

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  5. 1. when an unmarked police car pulls behind me and turns on his blue lights am I required to pull over? What law says I do?

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Mark H Randall
    3. Robert Jason De Groot
    4. John S. Castro
    5. Stuart M. Address
    6. ···
    6 lawyer answers

    Even though there are no points left and I agree with other counsel who have responded, I would like to add that when the vehicle is unmarked, it is often reasonable to be concerned about whether you are being pulled over by a legitimate law enforcement vehicle. You essentially have two choices; pull over after perhaps going a short distance so that you can pull over in a well-lit area where other people are present if possible or using your cell phone to contact 911 to advise of your concern...

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  6. Who is more respected by society, criminal attorneys, those perceived to represent criminals, or attorneys who file lawsuits?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Steven Zalewski
    3. James Thomas Kinder
    4. Rixon Charles Rafter III
    4 lawyer answers

    Again, this is one of those questions which are not about particular legal issues which really do not belong on this site which is designed for legal comment about legal problems. In any event, the question you ask would have 8-9 different answers from every 10 people. It all depends on perspective. I think criminal defense attorneys provide a valuable and necessary service to protect the constitutional rights of everything; even the quilty. By demanding they get a fair trial, YOUR rights are...

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  7. If a past employer made a false statement about you to a governmental agency can you sue them for defamation?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Jason Lucas Gunter
    2 lawyer answers

    As a defamation attorney, I would add to the prior counsel's advice. First, any statement to a governmental agency carries with it a qualified immunity for the statement. Thus, you were likely have to prove falsity and ill will/malice/bad faith to overcome the qualified immunity and have a viable defamation claim. Second, alot depends on the nature of the false statement. If its opinion, it is protected. It needs to be a statement of fact or, at least, what is referred to as a mixed statement...

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  8. What Internet resources can I specifically find libel, slander, and defamation lawyers that practice in my area?

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Raymond Scott Costantino
    3. Barry A. Stein
    3 lawyer answers

    1st, a great resource is the site you are already on; AVVO. Go to find a lawyer, put in the search terms defamation or libel or slander and put in the county you live in; i.e. Palm Beach County. You will find a number of lawyers and can compare them, review their client reviews, attorney endorsements, and peruse their questions/answers or legal guides, etc. 2nd, you can check online for locations like yellow book or yellow pages. 3rd, you could see if your county bar association has an online...

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  9. WHAT TYPE OF LAWYER DO I NEED? I FEEL SO LOST IM READY TO GIVE UP...

    Answered over 2 years ago.

    1. Paul A. Smolinski
    2. Stuart M. Address
    3. Steven J. Fromm
    3 lawyer answers

    First, I will admit to not generally engaging in probate law. Thus, you should have a probate attorney respond and it is best to have advice from an Illinois attorney. Second, as best as I understand from my general experience, your father could not be the executor if he is incarcerated. Third, the type of lawyer you need is a probate attorney who handles wills, trusts, and estates. Fourth, you should have a lawyer in the state in which your grandfather passed away and in which his will was...

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  10. My manager has made hurtful comments about my national origion & my religion & gives me the worst schedule but I have no witness

    Answered over 1 year ago.

    1. Stuart M. Address
    2. James Adrian Cueva
    3. Jimmy Allen Davis
    4. Steven Greg Wenzel
    4 lawyer answers

    Respectfully, I must disagree with counsel about the tape recorder in the pocket. I can agree that it is a practical way of getting evidence. However, in Florida both parties must consent to any recording of voice or you could be violating state and federal wiretap laws, which would be a criminal offense. Also, a tape obtained in this manner might not be admitted into evidence even in a civil action. As for your situation, unfortunately your company seems to only have 5 employees. The...

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