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Stuart M. Address
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Stuart Address’s Answers

1,204 total


  • Defamation of Character from previous employer. Do I have any recourse?

    I am in the field of Pharmaceutical Engineering Consulting. I recently heard that my last employer has been slandering me saying to prospective employers not to hire me as (paraphrase): "He is a drunk and is crazy". During my employment with ...

    Stuart’s Answer

    Other counsel are correct that defamation requires a false statement of fact; not opinion. However, certain statements can be viewed as mixed statements of fact/opinion; and some statements which seem to be opinions are interpreted by courts to be factual. A statement that you are a drunk seems more factual to me than opinion. A statement that you are crazy may be opinion, or depending on other factors, could cross the line to an actionable statement. You should consult with an employment attorney with experience in defamation to ascertain the extent of any rights you may possess.

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  • Can I collect unemployment?

    I may need to leave my job in Florida to assist my daughter who lives in New York. She has been through a lot emotionally and has recently had a nervous breakdown. Unfortunately, she has no support system set up so I may have to be away for an ext...

    Stuart’s Answer

    I agree with the response of the other counsel, but I also see another potential issue. If your employer has at least 50 employees within a 75 mile radius of your employment location, and if you have worked for the employer for at least one year and at least 1,250 hours during the past 52 weeks, you may have a right to up to 12 weeks of unpaid Family & Medical Leave, with your position or an equivalent one being guaranteed upon your return. You should consult with counsel to determine your rights and your best options.

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  • What can you do when company is super stingy.

    First both past years my manager gave an excellent review to my annual evaluation. The head denied two past years of raise because I got hurt and had to get an operation with some rehab. There saying I miss too many days, but I know they are retai...

    Stuart’s Answer

    The other attorney who responded is correct. You cannot make an employer be generous, or even reasonable. There is no law against being stingy. However, you mention being injured, having an operation, and needing rehab. If you have facts which reasonably infer that some aspect of how you are being treated is the result of these issues, you may have one or more claims. As for treating foreign workers better, it all depends on precisely how. You could have no claim, or it could be a basis for national origin discrimination. You should discuss the actual factual details with a local employment attorney.

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  • What truly qualifies as harassment? To where you have a right to complain and/or seek legal advice?

    In my current work situation, I have reported 4 cases of unwarranted harassment (stalking) from the same individual at work to my boss.I was the one who offered tangible solitons in every situation(I.e. Including others in emails/texts) I've been ...

    Stuart’s Answer

    You have not described the nature of the harassment. For you to be protected, it would need to be based on a reason prohibited under Title VII of the Civil Rights Act or the Florida Civil Rights Act; i.e. gender, age, race, religion, national origin, disability, pregnancy, sex, etc.). If the harassment is simply co-workers or even supervisors being "mean" then you are likely without any protection. You should discuss the specific facts with an attorney to determine whether you have any actual legal claims.

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  • My employer refuses to promote me even though I meet the qualifications for the job

    I work for a company that does mobile tv productions, mainly sports. I currently drive and set up one of the units, and my official title is Staff Driver. Recently an opening came up for a maintenance engineer and I applied. And was denied because...

    Stuart’s Answer

    Your facts do not present any information which would lead one to conclude that the reason for you not getting a promotion has anything to do with a prohibited reason (i.e. discrimination). Absent a prohibited reason, an employer may choose not to promote you regardless of how qualified you may be.

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  • Will I loose my unemployment benifits if your employer offers you diffrent options and you DONOT except it?

    for 17 years I have worked for a family practice with two separate doctor my was one week dr. #1 and the other Dr #2 next week (salary pd) 32 hrs weekly.In December one Dr. passed away in May the practice was sold, I was told that I still work f...

    Stuart’s Answer

    If it is the same employer for both doctors and there is a substantial change in the terms and conditions of your employment, you have a right to decline and still seek unemployment.

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  • Are "off the books" reasonable accommodations (agreements between management and employee without HR oversight) any less valid?

    *disabled by a chronic condition recognized by the ADA a disability *reasonable accommodations have been in place for nearly 2 years made in collaboration with my boss. They are common knowledge throughout the staff. during the last two ye...

    Stuart’s Answer

    I do not see any problem with an employer requiring a review of prior accommodations, especially if it was not done through HR and the supervisor who approved it is no longer with the employer. However, I agree with the other attorney that what was a reasonable accommodation for 2 years is likely still reasonable unless there is a substantive change of situation with the employer. I would consult with counsel.

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  • Horrible Working Conditions

    I work in a office. The office is a sectioned off warehouse. I have several emails and text messages to my boss informing her of 1) a homeless gentlemen being outside at night. We found a knife and he pees at our entry way. 2) Rat droppings are co...

    Stuart’s Answer

    As with the response of the other attorney, you may have an OSHA safety/health violation issue. There is an administrative form which you can obtain from the OSHA website to file a complaint or an 800 number which you may utilize. I would ensure that everything is in writing to provide protection in the event of retaliatory action by the employer. Short of contacting OSHA, you can set yourself up for Whistleblower Act protection by sending a letter to the boss advising that you believe these situations constitute a health/safety hazard and that if not remedied it is your intent to contact OSHA and/or the local health department. This writing may provide you with protection under the Florida Whistleblower Act. You may want to consult in more detail with an attorney before you act.

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  • Can I collect unemployment if I quit my job because my employer changed the commission plan we negotiated and now I make less?

    We negotiated the commission before I took a new position. I only agreed to the base pay because of the commission we negotiated.

    Stuart’s Answer

    Together, both of the prior responding attorneys hit the right mark. If the change was material, then you should be entitled to unemployment.

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  • I am trying to collect unemployment. I had to leave my job. My therapist even advised me that it was unhealthy for me

    I had to leave my job because I was being made fun of for my panic disorder, heart conditions, and It was a really stressful environment. A lot of illegal things would happen on the premises and that was just added stress. I was also made fun of f...

    Stuart’s Answer

    I agree on the unemployment comment of the other attorney. I would also suggest you consult an attorney regarding other potential claims, such as possible claims for discrimination, disability issues, whistleblower issues if you complained about unlawful actions by the employer, etc.

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