Why do some attorneys, through a settlement agreement, only request a neutral employment reference for their client?
Stuart's answer
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Answered on March 23, 2012
Sometimes a neutral reference is the best one can hope for. However, I always try to get a positive reference letter and an agreement that any...
Can an employee within a 90 day probationary period be terminated due to excessive absenteeism due to cancer treatment?
Stuart's answer
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Answered on March 22, 2012
Unfortunately, you do not qualify for FMLA since you have not worked for 1 year and at least 1250 hours in the past year. It is possible that the...
Can you be fired for using too many fmla hours?
Stuart's answer
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Answered on March 22, 2012
Something sounds wrong with the facts or incomplete. FMLA is for 12 weeks in a rolling 52 week period. You cannot get 1 year of time off under the...
Archived
Can my landlord keep our deposit?
Stuart's answer
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Answered on March 22, 2012
I agree with Mr. Deason's answer. I would add that Florida statue provides how a landlord who wants to use a security deposit is supposed to...
Archived
I have a non-compete with "The Scooter Store" any way out of it?
Stuart's answer
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Answered on March 22, 2012
You NEED a lawyer. A non-compete is governed by Florida statute. There are limits on geographis scope and duration of time. Also, alot depends on...
Archived
I received a 5 day eviction summons for past due rent . If I am not contesting it, do I need to respond?
Stuart's answer
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Answered on March 22, 2012
If you don't go the Judge will rule for them. You will not be arrested on an eviction. HOWEVER, you may be subject to all the rent they CLAIM you...
Archived
Small Claims court in Florida: As Plaintiff should I attach supporting docs to my filing? Does this give defendant upper hand?
Stuart's answer
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Answered on March 22, 2012
You only have to complete the Statement of Claim. You do not have to attach evidence. As for the authorizations, you should simply bring them.
Archived
Tenant stopped paying rent several months ago, should I still make repairs?
Stuart's answer
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Answered on March 22, 2012
I agree with other counsel but would add the following. Your obligations for repairs are only those required by Florida statute, set forth in any...
Archived
Is it legal to use different rules for the same issue in a job place or should employees be treated the same?
Stuart's answer
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Answered on March 20, 2012
An employer may generally treat employees different for discipline as long as the reason for being treated different is not unlawful (i.e....
Archived
I have an employment question, and was wondering because I was fired can I contact a lawyer to deal with it.
Stuart's answer
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Answered on March 20, 2012
If you are claiming termination for lack of training and they never provided the training, unfortunately in an at will state you probably do not...
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