Answers Posted By Arthur Schofield

Answer to Do we have a leg to stand on with PTSD and medication fail?

You may be able to. Our disability laws and the FMLA may apply here. Contact a lawyer right away and best of luck.

posted May 16, 2016 07:52 AM [EST]

Answer to I live in florida. i gave my two notice and completed it fully. I had PTO time that I had not taken and was paid out on my PTO, is this legal?

You have a claim for it depending on how it was earned. If it was given to you, say 2 weeks per year, then you have no claim. But, if you earned it weekly, say 1.5 days per week earned, you have a claim for unpaid wages against the employer. Contact a lawyer to reach out to them and best of luck.

posted May 10, 2016 05:51 AM [EST]

Answer to I emailed my manager my resignation date, from my NYC job, to be effective April 14th. My manager decided to make my resignation date as of April 11th. They did not tell me if I was terminated, laid off or what. Now, I want to claim unemployment in Florid

Ms. Towzey has provided sound advice. Leaving employment will result in a denial of benefits here in Florida. Any claim for unpaid benefits, such as vacation time, has to be examined under NY law. You need to have someone licensed or admitted in that jurisdiction answer that question.

posted Apr 27, 2016 12:41 PM [EST]

Answer to I am on intermittent FMLA. I have had great reviews and never a problem at work. I was written up by my boss for petty things he's requiring me to copy him in all emails I'm not being treated as I was prior to FMLA. My 30 day performance write up has pass

Contact a lawyer to reach out to this employer right away. FMLA claims are complicated and often times once an employer realizes it is violating an employee's rights they change their course of action. Of course, if it does not, you would have a claim ready to be filed. Don't try to go through this without counsel's guidance. Best of luck.

posted Apr 19, 2016 05:56 AM [EST]

Answer to I quit my job during a new pay period it states in the handbook if you quit without a 2 weeks notice anytime worked will be dropped to min. wage is this legal to do if so wouldn't apply to the pay period you quit in not the one that was already worked and

I agree with Ms. Towzey. While an employer cannot change pay retroactively, here you were put on notice of the consequences of quitting with less than a 2 week notice. The pay, however, cannot b reduced below the minimum wage rate of $8.05 per hour. Best of luck.

posted Apr 11, 2016 06:35 AM [EST]

Answer to How to obtain a release for non-complete agreement

To satisfy your new employer, you will have to reach out to the old employer and get the release or at least blessing to work for this new employer. This is often easily accomplished provided the old employer is satisfied you are not working for a competitor and/or taking its business away. You will need a lawyer who can work this through with the old employer. Reach out to someone of your own choosing and best of luck.

posted Apr 6, 2016 05:46 AM [EST]

Answer to I consulted for a NC company for just under six years. In 2014 they asked me to become a full time employee. I was 70 at the time. I signed numerous documents thinking that this would be my last job anyway. One of the documents was an Employment Agreement

Your post is unclear. You may want to repost to clarify your issue. The signing of an employment agreement does not prohibit employment. If you are referring to a non-compete agreement, that agreement needs to be examined.

posted Mar 29, 2016 1:32 PM [EST]

Answer to hi i work for a comp for 5 year i'm in Florida i left because i have another opportunity i have 2 weeks vacantion i need to know if lost my vacation

Answer depends on how the vacation time was either earned by your and/or given to you. If it was accrued over time, then yes you are entitled to those banked wages. If it was simply given to you, then no. Hope this helps.

posted Mar 29, 2016 06:53 AM [EST]

Answer to How can I get paid minim m wage after asking several times and no action has been taken

The DOL is one option, but there are also many private attorneys who can assist you. Anyone handling labor and employment issues will know what to do and your response time from a lawyer will be much quicker than through the DOL. Best of luck.

posted Mar 22, 2016 11:03 AM [EST]

Answer to My previous employer underpaid me with a post dated check for 3 months away when it is agreed get I get paid weekly. He won't rewrite a valid check and cancel the previous. What do I do?

This is a claim for unpaid wages and here in Florida that comes with the ability to recover attorneys fees and costs. Retain counsel of your choosing and sue. Best of luck.

posted Mar 22, 2016 06:02 AM [EST]
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