Answers Posted By Phyllis Towzey

Answer to Can I win this case?

It may or may not be discrimination -- it depends on whether there were any other factors involved in the decision to terminate you and not the other man. You should consult with an attorney regarding the specific facts of your case. Alternatively, you can file a discrimination charge with the Equal Employment Opportunity Commission (the EEOC). You can get information about this from their website:
www.eeoc.gov.

posted Jun 14, 2012 1:10 PM [EST]

Answer to Can an Ex Employer re-establish a document that never existed?

Any party can bring an action to reestablish a lost document under section 71.011. However, it will be difficult for your former employer to prove its case, since you deny ever signing the document. You do need to see a lawyer, as you will need to defend the action. Possibly you can recover your legal fees under section 57.105 (the frivolous lawsuit section). Good luck!

posted May 29, 2012 08:11 AM [EST]

Answer to Can an employee call out sick for an indefinite time period?

The first question is whether you have a policy in your office regarding sick leave, call-ins, etc. If you don't already, it would be a good idea to adopt on. Regarding this employee, most likely you can send him a letter terminating his employment. It is not reasonable for him to fail to communicate with you, and fail to return your calls. If, however, you have more than 50 employees within a 75 mile radius of this employee's wore site, then you need to get some legal advice regarding the FMLA (Family and Medical Leave Act). You can email me if you need additional information. phyllis@towzey.com.

posted May 22, 2012 08:38 AM [EST]

Answer to what are my chances of being my contract being upheld?

It depends on the language in the contract. As a general rule, noncompete agreements are enforceable in Florida.

posted May 21, 2012 09:54 AM [EST]

Answer to Is it lawful for an employer to deduct wages for non work reasons?

From what you described, no, this does not appear to be lawful. I believe your employer is in violation of the Fair Labor Standards Act. My advice is that you tell your employer you have consulted with an attorney, and that they must pay you the $275 that was unlawfully deducted from your paycheck.

If they refuse, then contact me privately and I can give you the names of some lawyers in your area who handle cases like this.

posted May 14, 2012 4:13 PM [EST]

Answer to Is non-compete valid in different industry?

The answer, as in so many legal matters, is -- it depends.

As Mr. Massey noted, this situation is too complex for an attorney to analyze it without reviewing the entire agreement, and discussing the underlying facts with you in detail.

From what you have provided, it appears to me that there is a good likelihood that your employment by the new company is not a violation of the noncompete, but again, I cannot be certain based on the contract excerpts and limited information that was provided.

Regarding the second part of your question, if you developed software applications not readily available int he industry while working for your old employer, then your agreement would appear to prevent you from using those same software applications at your new job. But again, it's very difficult (and unwise) for an attorney to attempt to give an opinion on a contract without reading the entire document, and being apprised of all the facts.

I do specialize in this area of law, and if you would like to contact me regarding this matter, please don't hesitate to do so.

posted Apr 25, 2012 4:14 PM [EST]

Answer to Can I, after five employed be required to sign a non-compete contract.

Yes, although if you were let go that quickly after signed you would have an argument that you were fraudulently induced to sign the agreement.

posted Apr 20, 2012 11:18 AM [EST]

Answer to no compete convenant

It depends on the wording of your agreement. Noncompete agreements are enforceable in Florida. If you signed an agreement promising you would not work for the same customers for a period of time, then you can't do it. However, if your agreement just says you won't solicit customers and they contact you after you've already left, then that would be ok (realize, though, that you can't indirectly solicit either -- i.e. you can't say to a customer - "I can't ask you to hire me because I signed a nonsoliciation agreement," then have the customer say, "ok, I'll ask YOU." That's the same as you soliciting them.

My advice is to have a lawyer look at your actual agreement and explain what your rights are. You want to avoid being sued.

Regarding you question about whether you have the right to work where you want, yes, you did have that right BEFORE you signed the agreement, but you gave away part of that right to your employer in exchange for keeping your job.

posted Mar 18, 2012 11:04 AM [EST]

Answer to Can I be terminated for missing work if I have a doctors note for all absences?

Yes, you can be fired for excessive absenteeism, regardless of whether you have a doctor's note. Since you started last June, you have worked there less than one year and therefore do not come under the protection of the Family and Medical Leave Act (FMLA). If the employer has 50 or more employees in a 75 mile radius of your workplace, then after you have worked there for a full year you will be entitled to up to 12 weeks FMLA leave IF you have a serious health condition as defined by the FMLA. (It does not cover ordinary illnesses like a cold or the flu).

posted Mar 7, 2012 09:59 AM [EST]

Answer to Can I be forced to sign a new contract voiding out my present one?

Unfortunately your damages for early termination would only be the compensation you would have earned for those 15 days if proper notice had been given under the contract.

You note that the reason for the new contract was the fact that the agency was audited, but did not specify whether the audit was internal or through the IRS or the Department of Labor. It's possible that you do not qualify as an independent contractor under IRS or DOL rules. You should contact an attorney to review the matter more thoroughly.

posted Feb 20, 2012 1:57 PM [EST]