Answers Posted By Arthur Schofield

Answer to is non compete legal in the stste of fl

Yes, they can be. There are certain restrictions or limitations which apply, but in general they are legal and enforceable. In order to comment on your particular non-compete agreement, the agreement itself would have to be reviewed.

posted Jul 25, 2011 06:42 AM [EST]

Answer to When should I receive my paycheck?

You should wait no more than 2 or 3 weeks for your final paycheck. When an employee leaves they are often taken off a normal payroll cycle which creates a delay in receiving the final paycheck. But, you are entitled to it and after 3 weeks passes you should seek counsel. There is a Florida statute which allows for attorney's fees and costs in obtaining unpaid wages.

You may also have some whistle-blower protections going forward. Should this employer interfer with your ability to obtain employment, you may have the ability to pursue a claim based on your prior objections to their practices.

It is also possible you could be entitled to some compensation based on your reporting of their actions to the Department. You will want to monitor the progress of that investigation. In some instances, those that report violations can be entitled to a portion of monies found to have been earned through illegal means.

posted Jul 8, 2011 05:34 AM [EST]

Answer to Can I still collect benefits if i didn’t call the payroll company within 24hrs of separation?

You should have no problem collecting, especially if you were not made aware that you became an employee of the payroll company before your separation. Be careful as the notices from unemployment have quick deadlines for appeal. I'd recommend you contact counsel in your area as soon as possible. Of course, you are free to contact my office.

posted Jun 28, 2011 10:29 AM [EST]

Answer to Appears to be overly restrictive non-compete, trying to understand the legal limitations

Ms. Towzey seems to have hit on the correct answer. More would need to be known about the company and nature of your work for them. I would recommend that you seek counsel in your area. A consultation would be worth your time and money as restrictive covenants are enforceable and can force you from your chosen career for a period of time, or at lest force you to relocate.

posted Jun 27, 2011 4:06 PM [EST]