Archived
Our employer advised us today that we are no longer salaried, but 'independent contractors'. What do WE need to do now?
Archibald's answer
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Answered on March 31, 2010
There is very little, if any, advantage for you to be characterized as independent contractors. the advantge to the employer is that it can result...
Archived
Is this legal from employer being asked for a medical note saying you are not contagious (which I am not) to appease others?
Archibald's answer
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Answered on March 31, 2010
The ADA is very complex. It is probably not likely that you would have a claim since it does not appear that you have a disability within the...
Archived
I work as a cocktail waitress in a strip club. My manager is beginning to require all employees (including bartenders, security
Archibald's answer
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Answered on March 31, 2010
Unless your employer is requiring you to do something that violates a law, rule or regulation, it is unlikely that you would have legal recourse if...
Can a company hold your pay and commission check, that you have already earned, for not submitting an expense report for a trip?
Archibald's answer
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Answered on March 31, 2010
Technically speaking, an employer cannot withhold your earned compensation because you have failed to submit a timely report. However, they could...
Archived
What can I do
Archibald's answer
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Answered on March 31, 2010
If you were qualified for leave under the FMLA, the family care provision prohibits retaliation against an employee for caring for a seriously ill...
Archived
My daughter in law was fired from a bank branch in florida. She has a glowing work record of 6 years.
Archibald's answer
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Answered on March 27, 2010
There is not enough information in your description to be able to offer an opinion regarding whether your daughter was discriminated against due to...
Archived
Can a salaried person be held to the same attendance policy as regular hourly employees?
Archibald's answer
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Answered on March 27, 2010
Yes, there is no law in Florida restricting an employer's ability to set an attendance policy for salaried employees.
Archived
If I resign my position at work, to avoid being fired, can I get COBRA?
Archibald's answer
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Answered on March 26, 2010
You are eligible for COBRA, but not for the provision that requires employers to pay 65% of the premium for those who are involuntarily terminated.
Archived
Am i legally entitled to some sort of severance pay?
Archibald's answer
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Answered on March 25, 2010
Florida law does not require payment of severance pay. Severance pay is discretionary when the company does not have a severance pay plan in...
Can an employee be put on probation and fired while on FMLA?
Archibald's answer
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Answered on March 25, 2010
The short answer to your question is that you can be put on probation and fired while on FMLA, but you cannot be put on probation and terminated...
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