Arthur Schofield
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Answers Posted By Arthur Schofield
Answer to How to know if your a victim of retaliation.
If your mananger has been violating laws and you have expressed opposition to that, you may have a claim for retaliation under the Florida Whistle Blower Act. An issue will be whether you have suffered an adverse employment action as it appears that thus far you have only received write-ups. I would suggest you seek out employment counsel. Letters to your employer putting them on notice of this problem may benefit you. You may contact my office if you wish.posted Feb 20, 2012 07:02 AM [EST]
Answer to Boss says that I quit, and I never quit! (I have another question)
You tell them that you were terminated. Quiting or resigning will disqualify you for benefits, at least initially. Good luck and if we can help, contact the office.posted Feb 14, 2012 1:43 PM [EST]
Answer to Can a non-compete restrict future employment by specific companies?
Thomas:Non-compete agreements are enforceable. The geographic scope was not indentified, but whether it is reasonable or not depends on the nature of your employer's business and your position with them. Two years is considered presumptively reasonable. As for not working for the specific hospital, it is possible it would be upheld. More information would need to be known.
posted Nov 22, 2011 07:17 AM [EST]
Answer to Non-compete without any additional compensation, and broad undefined terms?
Without reviewing the agreement itself, it is not possible to answer your specific question. But, in general, an offer of employment or continued employment is considered enough compensation for the agreement to be considered enforceable. As for the geographic area, it will depend on your client's position with this company. You don't mention how long the agreement is to stay in effect. You may contact my office to schedule a time to meet with me to review the agreement in greater detail.posted Nov 14, 2011 08:36 AM [EST]
Answer to What am i required to pay someone who works for commisssion after they leave
It will depend on the agreement. It appears from your question, that completion and satisfaction are required. If, when he leaves, those two conditions are not satisfied, it would not appear that a commission is due. Was there nothing in writing?posted Nov 14, 2011 08:00 AM [EST]
Answer to Is this non-competition contract legal?
Ms. Towzey's response to your question is right on point.posted Nov 3, 2011 1:59 PM [EST]
Answer to How would you answer question on application concerning if you have been convicted of a felony
Ms. Towzey's answer is on point.posted Oct 27, 2011 12:45 PM [EST]
Answer to Can an employer put a listening device in the office without the employees knowledge?
It is illegal to record conversations without knowledge that you are being recorded. Listening in, however, is not necessarily illegal. There is also an issue as to whether you, as employees, have an expectation of privacy when speaking in your employer's office.posted Oct 21, 2011 10:30 AM [EST]
Answer to Upaid wages and expenses
It would appear that you have several claims against at least the vendor. Not so sure you have claims against AT&T. I would recommend you consult with counsel before moving forward. This is not something you want to handle on your own. Lawsuits are complicated and not to be filed without counsel.posted Oct 21, 2011 05:46 AM [EST]
Answer to Is a Non-compete valid if I am still in my probationary period?
Restrictive covenants, or non-compete agreements, are enforceable in Florida, subject to certain limitations or conditions. You have not provided enough information for me to determine whether your particiular agreement is enforceable. I recommend you contact counsel and, of course, you can contact my office.posted Oct 19, 2011 12:11 PM [EST]