Answers Posted By Phyllis Towzey

Answer to What are my rights when working with a disabled co-worker?

There is no obligation under Florida law for an employer to treat you "fairly." If you believe you are being assigned too heavy a workload, you can of course discuss the issue with your supervisor and request either a reduction in the workload or increased pay. However, unless you have a written contract specifying your job responsibilities (most employees don't) then it is up to your employer how to manage the workload - your alternative is to resign and find another job elsewhere.

Whether your coworker has a bona fide disability or is faking a medical condition simply isn't your business, and you should not discuss your opinion on this with anyone at work unless you have bona fide proof that she is faking (for example, if she claims she can not lift more than 5 lbs and you see her carrying heavy objects, or if she claims she can't walk from building to building and you see her running in a 5k on the weekend. Then you could report what you saw to HR, but leave it to the company to investigate further. But otherwise, keep your opinions to yourself because your co-worker's medical information is confidential and neither she nor the company have any obligation to disclose it to you. If you persist in arguing with her about her claimed disability, you could in fact end up being fired for harassment.

Finally, if you are a nonexempt employee and you are putting in more than 40 hours per week due to the increased workload, then the company is obligated to pay you overtime.

posted Nov 29, 2011 11:28 AM [EST]

Answer to What am i required to pay someone who works for commisssion after they leave

Under Florida law, you look first to the agreement of the parties. If there is no written agreement (or the agreement is silent on this issue), then you look to the custom in the industry to determine when the commission is "earned" (i.e. upon date of sale or upon completion of the project). Typically, the deciding factor is how much work remains to be done by the employee after the job is sold. If the remaining work is minimal, then generally the commission is earned upon sale and you would need to pay the employee post-termination. If there is significant work the employee is still responsible for that will now have to be done by someone else, then they are generally not entitled to receive the commission post-termination.

posted Nov 15, 2011 12:39 PM [EST]

Answer to Is this non-competition contract legal?

I am assuming from what you have stated that you did sign a noncompete agreement. It is impossible to determine what your rights are without reviewing the actual agreement itself. If you are being threatened with a lawsuit for alleged violations of this agreement, you need to contact an employment law attorney immediately. Your lawyer can then contact the employer (or the employer's lawyer if one has already sent a letter to you) and demand a copy of the agreement they are trying to enforce.

In general, noncompete agreements ARE enforceable under Florida law, but there are certain limits. Get some legal advice now - do not wait until you have been sued and a temporary injunction entered against you.

posted Nov 3, 2011 1:04 PM [EST]

Answer to How would you answer question on application concerning if you have been convicted of a felony

Tell the truth, but read the question carefully and don't provide any more information than what is requested. For example, if adjudication was withheld, then you can truthfully say you were not convicted.

posted Oct 27, 2011 12:41 PM [EST]

Answer to Upaid wages and expenses

I agree with Mr. Schofield that you should consult with an attorney. Make sure you see someone who specializes in employment law. There are deadlines for filing employment discrimination cases under both state and federal law, so you should not delay.

Regarding the merits of your claim, since you resigned your position you would likely not be able to recover any lost wages except for the last week of pay, unless you can prove "constructive discharge," which means conditions were so bad that any reasonable person would have felt they had no alternative but to resign.

You may or may not have a claim based on racist comments -- you would have to prove that such comments were so severe and pervasive that a hostile work environment was created -- it has to be more than isolated comments.

I do not know all the facts of your case, but based on the information you provided it's not likely you will have a claim against AT&T unless you previously complained to them about the vendor's treatment.

Again, there are many issues here, and you really should consult an attorney to discuss all the facts.

Your other alternative, if you choose not to see an attorney, is to file a complaint yourself with the Equal Employment Opportunity Commission (EEOC) regarding the discrimination, and file a complaint with the Department of Labor regarding your last paycheck. You can easily find filing instructions for both agencies at their websites. www.eeoc.gov and www.dol.gov. />
Good luck!

posted Oct 21, 2011 08:04 AM [EST]

Answer to Upon leaving employment, does employee have to re-sign the Non-Compete Agreement?

It does not need to be resigned. Assuming there is no other reason why it would not be valid, it remains valid under Florida law.

posted Sep 21, 2011 12:13 PM [EST]

Answer to who do we contact are we protected

As you mentioned illegal conduct, employees who object may also have protection under Florida's Whistleblower Statute, and possibly under several federal laws depending upon the circumstances. I would recommend that the affected employees consult an attorney to discuss their rights based on the specific circumstances of this case.

posted Aug 24, 2011 11:55 AM [EST]

Answer to Can I be terminated for side effects of Prednisone for R.A

If your performance continues to suffer due to the effects of the medication -- and there is no reasonable accommodation your employer could make which would enable you to perform the essential functions of your job at acceptable levels -- then your employer could fire you. The Americans With Disabilities Act, as amended, provides that to be protected you have to be able to perform the essential functions of your job. A reasonable accommodation could include lowered expectations on this metric for a reasonable period of time while your medication is adjusted, but likely not on a permanent basis. If you must take the medication and the medication makes you confused, forgetful and aggressive, and those symptoms prevent you from adequately performing the essential functions of your job, then the employer would be able to let you go.

My advice is for you to consult an employment attorney with expertise in ADA issues so that they can review the specific facts of your situation.

posted Aug 21, 2011 12:44 PM [EST]

Answer to If I am being fired by a company do I have to sign a non-compete agreement?

If they are firing you, they cannot force you to sign anything. What the company can do is offer you some sort of severance in exchange for signing a noncomplete and usually a general release. You don't have to sign it -- but if you don't sign it you don't get the severance.

As long as you are still employed, you can be required to a sign a noncompete or be fired -- but since you believe you are going to be fired anyway, signing a noncompete doesn't make much sense for you, unless you are willing to do so in an attempt to delay your termination. They probably won't have you sign the noncompete and then fire you the next day.

posted Aug 11, 2011 11:01 AM [EST]

Answer to Can an employer discharge you for excessive absences without a previous counsling

Adding to Mr. Schofield's excellent advice, make sure you apply for unemployment benefits -- under the circumstances you've described you would be eligible.

posted Aug 4, 2011 1:08 PM [EST]