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Stuart M. Address
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Stuart Address’s Answers

1,216 total


  • 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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  • Is it legally right for employer to force employee to take longer lunch break because they don't want to pay overtime?

    i.e. 1 and 1/2 hrs instead of 1 hr, etc

    Stuart’s Answer

    I agree with the responses of the prior two attorneys. An employer is entitled to take action to prevent overtime. If this action is to require you to take a longer lunch break, it is within the employer's prerogative. Of course, you cannot be required to do anything during this lunch break that is work related or the entire break counts as compensable time.

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  • Employer demanding letters and verification for every FMLA usage

    In short, approved for FMLA leave on an intermittent basis due for my own serious health issue and took 4 days off of leave due to a severe flair up that is causing me to have to undergo more medical procedures and testing. When I returned to wor...

    Stuart’s Answer

    Verification of the proper use of FMLA leave is permitted. A request to verify your need for the intermittent time off from your doctor seems reasonable. However, your employer has limited rights as to anything beyond the nature of your need for FMLA, and a requirement to prove each procedure is medically necessary may very well be beyond that which is permitted under the FMLA. You should consult with an attorney in your area to explore your FMLA rights.

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  • Do i need an employment attorney?

    I was arrested from work for theft of a lottery book. I have not yet been convicted and a court date has not yet been set. My job put me on administrative leave pending an investigation and a week later called me in and terminated my employment fo...

    Stuart’s Answer

    Under the employment at will doctrine in Florida, you probably have little recourse. While the handbook provides you with a right to review the records, the courts have held that handbooks do not create an employment contract or enforceable rights. Under the at will doctrine, the employer could terminate you for any reason, good or bad, fair or unfair, correct or incorrect, or for no reason at all. The primary limitation is on adverse employment action for a prohibited reason such as discrimination. Now you do mention one item which raised a possible red flag for me. If others are being terminated for similar alleged conduct and the pending sale of the company would cause it to incur substantial severance obligations, there may be a violation of a different federal statute (such as ERISA, the Employment Retirement Income Security Act) or others. You should consult with an attorney in your area.

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  • I'm mechanic & my employer terminated my employment and accused me of stealing $1-$2 from a customer's car.

    The employer claimed that they have video surveillance of me and fired me without showing me the footage. I have no recollection of this nor have I ever taken anything from a customer's car during the last 15 years of working in my profession. The...

    Stuart’s Answer

    It is unfortunate that the employer terminated you without any real investigation or permitting you to review the video footage; all over $1-2. However, this is just an illustration of what the courts refer to as "bad boss syndrome" which is unfortunate but not unlawful under the at will employment doctrine. If you determine in the future that the employer is disclosing any such claim against you to any third parties or prospective employers, then you may have a separate claim for defamation and perhaps some other torts as well.

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  • Is it discrimination if I request a department transfer but am denied, though I see my male counterparts allowed to transfer?

    I work at Publix supermarkets and have tried many times, for a long time to transfer departments. My store manager has told me no that he does not allow that, though it is common practice. I see male employees transferred from customer service to ...

    Stuart’s Answer

    You describe a pattern of women not being permitted to transfer to another store, while men are permitted to do so. Thus, you may have a basis for a gender discrimination claim. You also mention that you work in a less desirable department noting that this may be a reason for the high turnover in your department. This could mitigate the potential for a discrimination claim, but a consultation with an attorney is well advised to explore all of the relevant factors to such a claim.

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  • I think I was wrongfully terminated and discriminated at work. Not to mention, sexual harrassment.

    I was let go from my last job on 08/29 2 days after 3 month probation had ended. their excuse for firing me: I wasn't meeting the requirements for the position that I was in. What I don't understand is, what requirements were that? My job lite...

    Stuart’s Answer

    You probably want to discuss this with an employment attorney. However, it does not sound as if you have a very likely cause of action. The closest your facts come is with respect to the sexual harassment. However, one isolated comment will not satisfy the statute. The one comment you mention is also relatively vague. Moreover, if you felt sexually harassed you would have had to report it to the employer and then be able to eventually prove that the adverse employment action against you was a direct result of you reporting the harassment; whether or not it was legally harassment.

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  • Terminated due to retaliation for reporting GM to HR

    I had been working for 10 months as a yard manager. I was always getting praise from my GM and our clients for turning things around and great performance. I have documentation stating all my praise and accomplishments from staff, clients, higher ...

    Stuart’s Answer

    If you were retaliated against for advising of unlawful action such as discrimination against others, you may have rights under the civil rights laws, but you may also have rights under the Florida Whistleblower Act. You should consult with employment counsel to discuss the facts in full detail.

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