Arthur Schofield
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Answers Posted By Arthur Schofield
Answer to Does my employer have to pay me the day after Thanksgiving?
As an hourly employee, you are entitled to payment only when working. Holidays need not be paid, nor the day following a holiday. Similarly, vacations can be granted and denied based on the needs and wants of the employer. I suspect this is not the news you were looking for, but there are no laws requiring an employer to pay for time not worked or to allow for vacation when requested.If you have any other questions, let me know.
posted Oct 18, 2011 07:45 AM [EST]
Answer to Enforceability of Non Compete contract
Non-compete agreements or restrictive covenants are enforceable in Florida and the terms you set forth will likley be considered reasonable. This is not to say you cannot challenge the agreement. I would need to review your particular agreement to give you specific advice. Your challenge to this would be in the arbitration settting since the agreement contains such a clause. It is possible that the agreement may contain a prevailing party attorney fee agreement which would allow you to recover your attorney's fees from your former employer (should you leave). There are some other practical ways to try to negotiate your way out of these agreements. If you want to discuss further, contact my office.posted Oct 4, 2011 05:38 AM [EST]
Answer to Upon leaving employment, does employee have to re-sign the Non-Compete Agreement?
Christine:I've yet to see any non-compete which requires a signature upon resignation in order to be enforceable. It is normally enforceable once signed and they are generally designed to survive a resignation or termination. I would have to see the agreement to comment with any greater detail.
posted Sep 21, 2011 12:14 PM [EST]
Answer to who do we contact are we protected
It will depend on the nature of the harassment. If it is proteced harassment, generally based on gender, race, age, national origin, age or some other protected characteristic, then yes the EEOC is the proper place. These claims could also be looked into by the Florida Commssion on Human Relations. Wage issues could be filed with the Department of Labor.There is also a Miami/Dade Human Rights Division which expands protections. Website is: http://www.miamidade.gov/ofep/human_rights_about.asp
Without more facts, this is the best guidance I can provide.
posted Aug 24, 2011 10:18 AM [EST]
Answer to Can I be terminated for side effects of Prednisone for R.A
To answer the question, more facts would be needed. You have your time off under the FMLA and they have an obligation to return you to work after that leave. Employer, however, has the right to expect certain levels of performance even if you find them unreasonable. Question arises as to whether you have the right to an accommodation under the American's With Disabilities Act. Would need to know more about your condition, how the medication affected performance and then what the employer could do to accommodate you. I would recommend you seek out counsel before returning to work.posted Aug 22, 2011 11:05 AM [EST]
Answer to If I am being fired by a company do I have to sign a non-compete agreement?
They cannot require you to sign a non-compete upon firing you. They can condition your condinued employment on your signing one. And, yes, they could require you to sign one and fire you one week later. Before you sign one, I would recommend dicussing it with counsel to go over your options.posted Aug 11, 2011 11:02 AM [EST]
Answer to does a non compete need to be signed by both parties to be enforceable.
The non-compete agreement does not need to be signed by the employer to be enforceable. You should, however, have counsel review the agreement to determine if there are other reasons for which it may not be enforceable.posted Aug 8, 2011 08:03 AM [EST]
Answer to Enforcibility of non-compete
We can conduct consultations for matters like this over the phone. If you'd prefer someone local, the website for the Florida National Employment Lawyers Association will provide you with names of lawyers by geographic area. All the lawyers associated that group are competent to address these issues.posted Aug 5, 2011 2:01 PM [EST]
Answer to Can an employer discharge you for excessive absences without a previous counsling
Yes, you can be discharged for absences without prior notice or warning. Exceptions would include being a union member wiht a collective bargaining agreement or depending on the nature of the medical reason for the leave, you could have some rights under the Family Medical Leave Act or the Americans with Disabilities Act. Would need more information on the reasons for the leave.posted Aug 4, 2011 12:06 PM [EST]
Answer to I am facing being asked to resign. If I refuse and am terminated, can I still get unemployment?
With a 2+ hour commute, the answer is likely yes. Question comes down to whether the job opportunity was reasonable. Driving over 4 hours per day would most likley not be considerd a reasonable offer.Your question re: discrimination would require more facts to analyze. Let me know if my office can be of asssitance.
posted Aug 1, 2011 06:19 AM [EST]