Arthur Schofield
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Answers Posted By Arthur Schofield
Answer to can i get fired
Ms. Towzey is, unfortunately, correct. You cannot hold the employer responsible for either the DUI or for the termination of employment. While drinking may have been allowed, even encouraged, the employer's position will be that you were not forced to drink, should not have drank, if you did drink should have taken a cab, etc. I am sorry to hear of the circumstances, but you will not find any relief in trying to correct this by looking at the decision or actions of the employer.posted Sep 11, 2013 07:34 AM [EST]
Answer to am i being set up for termination and what can i do about it
Being a smoker is not something that the law protects so if that is in-fact the reasson she is doing this to you, you will not have a claim. There are, however, steps you take now before you lose you job that may provide you with certain additional protections and either assisst you in securing your position or giving you legal claims to assert if you are terminated. I would need more information to determine what steps may be right for you. Contact my office to speak with my assistant, Renae.posted Aug 20, 2013 12:35 PM [EST]
Answer to If former company does not respond to counteroffer; what are your options?
Two options: (1) you either accept the offer from the company; or (2) you proceed forward with whatever claims you may have. Of course, if you do not have any claims then whatever they are offering you perhaps you should take. More would need to be known about the nature of the separation, the offer and your expected period of unemployment. My office can perhaps provide more guidance if you want to contact us.posted Aug 13, 2013 1:27 PM [EST]
Answer to My attorney made counteroffer to original severance package;does co. have to respond?
You should be asking your lawyer this question. An employer is not required to respond to the letter and you should have been told that the severance being offered can be retracted. Seldom, if ever, have I seen that step taken, but it is possible as the offer is not binding on either party until accepted and finalized. Hope this assists you.posted Aug 12, 2013 07:09 AM [EST]
Answer to Can I sue for punitive damages for withholding my final paycheck?
No punitive damages, however, claims for unpaid wages in Florida carry an attorney-fee provision. Before you spend money filing suit, I recommend that you retain counsel to contact your former employer to get this check. I often see a last paycheck held hostage for the return of items. It is generally worked out with a couple of phone calls. My office can assist if you wish.posted Aug 5, 2013 05:58 AM [EST]
Answer to Is it retaliation if I reported harrassment against a manager & now he is trying to get me fired?
It is possible. Not all forms of retaliation are actionable. If you complain about harassment or discrimination that violates, or you believe violates, the law and you suffer an adverse consequence as a result, then you may very well have a claim. Also, the laws probhiting retaliation do not apply to all employers so more would need to be known about your employer. From the facts you have provided, I could not comment with any great specificity. If you wish, contat my assistant, Renae, to see if there is something we can do to assist.posted Jul 31, 2013 07:49 AM [EST]
Answer to How to remove job offer contigency upon receiving letter from current employer releasing non-compete
This is not an uncommon situation. The company making the offer does not want to expose itself to litigation and cannot control whether your former employer will take steps to enforced the non-compete agreement. Best course of action for you it to contact your former employer and ask them to state that they have no issue with you working for this new employer. Hopefully, this will satisfy the company that extended you the offer. Best of luck and hope this helps.posted Jun 17, 2013 08:12 AM [EST]
Answer to Can this be justified as a reason to be written up?
Ms. Towzey's response it correct. Also note that seldom if ever are an employee's employment file shared with a prospective employer so it is highly unlikely that the contents of your file will be shared with anyone.posted Jun 3, 2013 06:21 AM [EST]
Answer to dealine
Administrative charges must be filed with the EEOC within 300 days of the harassment to preserve your federal rights and within 365 the charge must be filed with the FCHR to preserve your state rights. I do not recommend the filing of these charges without the assistance of counsel. You may contact my office for assistance.posted Mar 27, 2013 06:20 AM [EST]
Answer to Can I be forced to sign a Non-compete / confidentiality agreement?
I agree with Ms. Towzey for the most part, but I do not recommend signing the agreement without it first being reviewed by counsel. You should seek the advice of counsel, and meet with counsel, before moving forward.posted Mar 26, 2013 07:28 AM [EST]