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Stuart M. Address
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Stuart Address’s Answers

1,204 total


  • I was fired. I got unemployment benefits. My employer appealed, submitting falsified records and testimony and won. My options?

    This is a diagnostic imaging company employing about 35 people. I was an x-ray tech. I worked there three years and was still at starting pay. Several times I requested to be brought to par with the other techs. Instead, I was fired. My boss wrote...

    Stuart’s Answer

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    It sounds as if the hearing you are describing was the "hearing officer" level appeal from the original determination that you were entitled to unemployment. Once the hearing officer has now ruled on the appeal, you can appeal to the Florida Board but that appeal will only determine whether the hearing officer made an error of law. It will not examine the facts or permit new witnesses. The only time new evidence could have been presented or argument made about the falsity of evidence would have been at the hearing. One caveat. If you are truly able to prove that the documents were manufactured and false, you may have a separate claim in circuit court for abuse of process, fraud on the court, defamation, etc.

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  • Is an employer responsible to keep an employee from harms way? While in management I received threats and my empl did nothing.

    In Arizona I received hate mail, death threats, cyber bullying etc..for 2 years. I ended up leaving my good job to get away from it. I came to Florida. My new employer and staff received horrible emails about me from this same person. I have lost...

    Stuart’s Answer

    I agree with counsel's response and would add a few comments. First, while an employer is responsible for protecting you from a hostile work environment that phrase is often misunderstood. You must be protected from a hostile work environment arising from a violation of a statute; i.e. sexual harassment, discrimination, etc. There is no general protection. Second, if an employer knows or has reason to know of a dangerous propensity of another employee, it may be responsible for actions of that employee against another during business hours on business property. Third, what you are describing may be defamation so it would be important that you or an attorney work to ascertain what was actually said, by whom, to whom, and about when.

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  • Should you inform your employee that you have filed an EEOC complaint? Before or after filing or not at all?

    Claim involves co-worker threat and management protected him. Coworker eventually fired. Nothing done to managers.

    Stuart’s Answer

    The response of the other attorney is accurate. I would note that if you filed an EEOC Charge, the employer is going to find out fairly soon when the Charge is sent to it for response. You may want to advise the employer, in writing, perhaps e-mail, so that there is proof of your advising them so that if they take any action against you it is clear that you advised them and you may have the ability to argue that any adverse action was retaliatory.

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  • Can I formulate a legal complaint against a company that fired me because of an unfair reason?

    I was working at a restaurant as busser, there I used to earn money from the service charge that is automatically charge to every check,there is a specific sharing system to share this money between all the employees that earn from this pool, I f...

    Stuart’s Answer

    In addition to the comments of the other attorneys who responded, I would say that if the tip pool was unlawful you may have rights under discrimination laws and perhaps the Florida Whistleblower Act. You should consult with an attorney promptly to determine your rights and how to best preserve any rights you may have which may require certain steps to be taken to protect and/or enhance any claim.

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  • Can I be written up for sexual misconduct if the alleged victim never made a formal complaint?

    Upper management gave me a letter of reprimand. Labor relations recruited witnesses to support their claims and the alleged victim, who was a new hire on probation, claimed I sexually harassed her. The two witnesses did not provide sworn statement...

    Stuart’s Answer

    An employer will often terminate someone upon an accusation to protect itself against the alleged victim employee making a discrimination claim since if the employer takes prompt remedial action it has a defense. Sometimes this results in unfair action against an accused employee, but there is nothing unlawful about it (absent a contract providing more rights than the typical at will employee or some public employee status providing you with additional rights or perhaps a union contract).

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  • My boss is violent , if they fire me, can i sue them

    i work for state, im in probational period of employment, i hired 3 monthhs ago and probation is one year. my boss is very verbally abusive and several times shouted at me violently. if i report him to HR , can he fire me? or is it different for s...

    Stuart’s Answer

    The other attorney's "it depends" response is accurate. Generally, though, a verbally abusive boss does not violate the law. The courts refer to it as "bad boss syndrome" and unless it rises to the level of discrimination, etc., it is usually not actionable. However, if you complain with a reasonable belief that you are complaining about unlawful action (i.e. you think its discrimination but it is not), you still have rights against retaliation. If you are in a union, check with them first as your contract as a public employee may provide you with more rights than the typical private employee.

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  • FMLA job reinstatement problems

    I am currently on FMLA. My employer is a staffing agency. I was under a contract with their client. The client has filled my position when I was in FMLA. I reported one month before the end of my FMLA that I'll return to work. My FMLA is ending in...

    Stuart’s Answer

    This is a complicated issue which I have recently dealt with for another client. Your staffing agency is your primary employer. The job site to which you report is a secondary employer. The FMLA rights are assigned to the primary employer. The secondary employer is only liable for FMLA violations if the primary employer (the staffing agency) asks that you be permitted to return and the secondary employer is still using employees from the primary employer. If not, then it is the duty of the primary employer (the staffing agency) to ensure that it finds you "equivalent employment" otherwise it may be deemed to have interfered with your right to FMLA leave since a return to the same or "equivalent" employment is part of the employer's obligations under the FMLA. You should consult with an attorney promptly.

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  • I was promoted then demoted without merit.

    We were told that our company was partnering with another similar company and nothing would change.I had just received a promotion and job title, once we merged the other company came in our office and started changing everything. I was singled ou...

    Stuart’s Answer

    Your answers to the other attorneys' questions will go a long way to determine if you have rights. From your description of the facts, it sounds as if with the change in ownership status something promised to you was changed and instead of a promotion you got a demotion. This is unfortunate but not unlawful. To determine if it rises to the level of unlawful, you need to deal with the issues raised by the other attorneys regarding the reasons to see if perhaps they may have been based upon a prohibited discriminatory basis.

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  • My hosp is making all employes go to 32 hrs I have been a 40hr employee for a long timthey say they will automatically take our

    Vacation time to make up the lost hours is this legal to just take your time

    Stuart’s Answer

    I agree with the other attorney who responded. I would add, though, that a substantial reduction from 40 to 32 would likely provide you with the ability to collect unemployment if you chose to resign instead of accepting the reduction in hours. While you are typically precluded from collecting unemployment when you quit or resign, it is possible to do so if the action on your part was due to a substantial change in the terms and/or conditions of your employment. If you are inclined to proceed in this manner, you should first consult with an attorney to go over all the facts to make sure you don't quit and then lose unemployment as well.

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  • My previous employer has not paid me for hours I worked she ignores my calls and my emails. How do I get her to pay me my money.

    The owner I used to work for will not pay me I have emails and texts saying I would receive payment and never did.

    Stuart’s Answer

    I agree with both other counsel who responded but have something to add. First, you may sue under the FLSA and there is an attorneys' fee provision but the FLSA provides for recovery of the minimum wage and overtime; not any other wage you agreed upon. If this is a minimum wage issue, then the FLSA might be the best way to go if a demand letter from an attorney doesn't work. If you are seeking, for example, $9/hour, then I think a smalls claims action may be the better and quicker way for you to do. Indeed, you may be able to do with just an attorney consultation or simply on your own if you have the records.

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