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Stuart M. Address
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Stuart Address’s Answers

1,216 total


  • Is it legal to oblige us to work 10 hour shifts?

    I work full time at a call center in Melbourne, Fla. Recently we were offered a different project. In January 2016, mid day we were given pieces of paper that we have mandatory 10-hour shifts beginning from the day we received the notice.

    Stuart’s Answer

    There is no state or federal law regulating the length of a work-day or shifts except in very specific job classifications (such as truckers). Thus, typically, the response is that you may be required to work such shifts or suffer the adverse employment consequences.

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  • Can I sue an employer for not hiring me based on a felony charge that did not result in a conviction?

    I applied for a job. I was told I was hired contingent on my background check. I signed the offer letter accepting the position. Background check came back with a red flag for review because I currently have a pending felony case. I have never bee...

    Stuart’s Answer

    Yes, almost without exception a private employer may choose not to hire you or to discharge you for even an arrest. This is part of the at-will employment doctrine.

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  • I got demoted during FMLA leave because I was sick and could not work, What do I do?

    I was on FMLA with the board of education in orange county, FL (Orlando) --During my FMLA leave my position was filled, and when I returned I was demoted and my office was changed to a smaller office. They put someone above me. I was the assistant...

    Stuart’s Answer

    You should speak with an employment attorney in your area promptly. The other counsel are correct in that the FMLA requires, with some exceptions, that you be returned to your same position or a "substanially equivalent" position. Even the phrase has a litigated meaning. If your employer had no reasonable option other than to replace you while you were away, and now has no other reasonable position available for you there may be a defense by the employer. However, typically, you must be returned to the same or substantially similar position; including similarity in duties, responsibilities, authority, seniority, salary, benefits, etc.

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  • How can company write you up for a occurrence when you use a sick day

    Can you be written up,for taken a sick day and you have company sick day to use

    Stuart’s Answer

    Much depends on the specific facts of your situation. Did you follow procedure, etc.? Even so, as an at will employee, you can be written up for almost anything; the write up is not likely an adverse employment action which is protected against under Title VII of the Civil Rights Act and the Florida Civil Rights Act. More important to me, frankly, than the specific write-up is whether you believe there are any facts to show any mistreatment based upon age, race, religion, gender, national origin, pregnancy, etc.

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  • Was I discriminated against due to religion? Or some type of political agenda?

    I have worked in financial aid at my current organization for almost two years now. I have never been written up for anything until recently I feel I was discriminated against for my religion. Here is a timeline: 12/4 – One on One with manager wh...

    Stuart’s Answer

    An employee need not follow its own progressive discipline system. However, if it does not then it may be more susceptible to an argument that it's failure was tied to some other protected conduct of the employee. Being fired for an argument about ISIS and Christianity may or may not implicate the 1st Amendment and even so an employer may make reasonable restrictions in the workplace. If the employer is able to show that the termination was due to an "argument" rather than a "religious" argument, then as an at will employee you would not likely have recourse. I would be curious about how the other employee was handled. In any event, you should probably contact an attorney in your area for further more detailed assessment of your situation.

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  • How can I collect after court awards me a judgment for back rent and damages to property after Eviction

    I rented my home to two women I don't know if they are married to each other or not but I have read that you can't garnish the wages of the head of household Would either of these two women be considered the head of household And if yes how do...

    Stuart’s Answer

    I generally agree with the other responding counsel and would simply add that you should file suit in landlord/tenant court, which is the county court division of the local circuit court for the money due to you and for any money remaining due to you for the term of the lease (less any mitigation if you are able to rent it before the lease term expires). You can use the statement executed by the tenants as evidence of the debt.

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  • Can my final check be denied

    Worked for a company where I had a "guaranteed salary" or commission which ever was greater. I gave a 2 week notice on a Tuesday and come Wednesday morning my employment was terminated by the employer. They are now refusing to pay at very least th...

    Stuart’s Answer

    There are few absolutes in the law. However, without virtually no exceptions, an employer may not decline to pay you for time worked with its permission and/or knowledge. Given the likely amount at issue, you could look at this as a small clams court issue or if you were denied time which even rose to the level of minimum wage (which it would appear you were) then you may have an FLSA claim where the employer would be subject to double damages plus attorneys fees and costs. You should consult with a local attorney.

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  • Is in employer allowed to take off PTO time seven months after a national holiday?

    Employment benefits, national day off

    Stuart’s Answer

    There is no federal law regarding PTO time. Generally, it is a contract matter between employer and employee. If your employer has a policy and broke it, you may have some recourse. If there is no policy or if a policy of the employer was followed, you are likely without recourse. You should review any employee handbook and if possible further ascertain whether the employer has a specific PTO policy.

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  • Are there laws against them telling me I can't go to the bathroom? And is there something I can do about this

    Hello. Where I work we have to ask to use the bathroom which I an fine with, but the problem I am having is that when I do ask to use the bathroom I an told I have to wait for hours at a time even when I tell them that it is becoming urgent or wh...

    Stuart’s Answer

    Except in a very few occupational classifications, generally governed by the Department of Labor, there are no laws regulating things such as bathroom breaks. Employers may act in an unfair manner without liability unless there is a specific law or regulation governing that behavior. One potential law is the Americans With Disabilities Act. If you have a medical reason for needing to utilize the bathroom more often or for a longer period of time, then you should get a doctor's certification and present it to the employer with a specific request (in writing) for an acommodation. If you do not have any specific need and are just being unreasonably treated as an average person who needs to use the rest room, you may be out of luck.

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  • What is the St. of Limitations in Florida for a civil rights lawsuit which also has a psychologist that will be sued as well?

    I would like to know what the statute of limitations is in Florida on a civil rights lawsuit but my lawsuit will also implead a psychologist, state department of children and families employees and a psychologist who was a "hired gun" and "cheerle...

    Stuart’s Answer

    Truthfully, from the facts you present I'm not seeing the basis for a civil rights claim. Perhaps you may have some claim. Generally, though as with anything exceptions exists, a civil rights lawsuit under section 1983 of the Civil Rights Act must be brought within 2 years of the accrual (generally the occurrence) of the basis for the cause of action.

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