Questions answered by Scott M. Behren

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Trying to collect unpaid sales commissions from former employer, won't return phone calls, emails or fax. I am owed over 3,000.

Scott's answer | Answered on July 28, 2011

Don't think State of Florida will help you with this. You probably are going to have to sue in small claims court but at least in Florida if you...

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What keeps a employer from altering/deleting e-mail evidence after it is subpoenaed? Can you subpoena the e-mail service?

Scott's answer | Answered on July 28, 2011

You probably want to have a lawyer send a preservation of evidence letter and if you sue them you can get the e-mails from them and/or hire a...

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Company committed OSHA violations against me, even though I've been fired can I still report it?

Scott's answer | Answered on July 28, 2011

Yes you can go to OSHA, you may also have a legal claim under the Federal and Florida whistleblower statutes for wrongful termination. For more...

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I am a state licensed 440 Insurance CSR and salaried employee. Many times I am in early or here late and know that Im not exempt

Scott's answer | Answered on July 28, 2011

If you are not exempt you are entitled to be paid for all hours you work each week over 40 that would also include working through lunches. A...

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Can an employer seek return of wages after four months of unpaid leave?

Scott's answer | Answered on July 28, 2011

If he was on unpaid leave and they paid him erroneously, why would the employer not be entitled to it back? For more information on your employee...

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Can my employer terminate me lawfully if I refuse to pay half of a law suit generated allegedly by me?

Scott's answer | Answered on July 28, 2011

Your company can always terminate you if they don't feel you performed your job. Whether or not they can take money from you is questionable as it...

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At time of termination, it was stated that I would receive severance pay "once he decided what the amount would be".

Scott's answer | Answered on July 28, 2011

Unless you have a severance contract or employment contract there is no entitlement to severance in the State of Florida. Depending upon what the...

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Downsizing after relocations for a position...also when a new supervisor, that does not like you, is placed over your department

Scott's answer | Answered on July 28, 2011

Yes you can be terminated when you and your boss don't get along in Florida. You can't be terminated if it is a breach of contract or a violation...

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My employer stated he will review pictures of all applicants for employment to eliminate those that look unhealthy/overweight.

Scott's answer | Answered on March 09, 2011

May not be, under the Americans with Disabilities Act, if you check out my employee rights blog www.takethisjobnshoveitblog.com I have blogged on...

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I was recently acused of having alcohol on my breath in a Mon AM, I told admonistrator I did drink Sun my day off.

Scott's answer | Answered on March 09, 2011

If you are interested in fighting them contesting your unemployment and/or are worried about your former employer saying bad stuff about you, I...

Scott M. Behren's Answers (462)

Trying to collect unpaid sales commissions from former employer, won't return phone calls, emails or fax. I am owed over 3,000.

What keeps a employer from altering/deleting e-mail evidence after it is subpoenaed? Can you subpoena the e-mail service?

Company committed OSHA violations against me, even though I've been fired can I still report it?

I am a state licensed 440 Insurance CSR and salaried employee. Many times I am in early or here late and know that Im not exempt

Can an employer seek return of wages after four months of unpaid leave?

Can my employer terminate me lawfully if I refuse to pay half of a law suit generated allegedly by me?

At time of termination, it was stated that I would receive severance pay "once he decided what the amount would be".

Downsizing after relocations for a position...also when a new supervisor, that does not like you, is placed over your department

My employer stated he will review pictures of all applicants for employment to eliminate those that look unhealthy/overweight.

I was recently acused of having alcohol on my breath in a Mon AM, I told admonistrator I did drink Sun my day off.