Arthur Schofield
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Answers Posted By Arthur Schofield
Unless you had some contractual rights, yes. In fact most companies will terminate your employment upon providing notice depending on the position you hold.
posted Mar 21, 2016 06:25 AM [EST]
posted Mar 21, 2016 06:25 AM [EST]
Answer to How do I determine if I am non-exempt or exempt?
You will need to speak with counsel to go into greater detail as to what your job duties are to determine your proper legal status. You can turn to some of the DOL Fact Sheets to attempt it on your own, but not the best way to proceed. Best of luck.posted Mar 15, 2016 08:37 AM [EST]
Answer to Update to my question... I am in Florida and wondering if I have a chance at winning an appeal?
I always recommend an appeal, but one with the assistance of counsel. There are rules of evidence and other procedural matters that can be traps for those without counsel. Any counsel in the State can assist you as these are all done via telephone now. Keep in mind that there are quick deadlines to notice your intent for an appeal. Best of luck.posted Mar 10, 2016 06:46 AM [EST]
Answer to In Florida, how does unemployment work after receiving lump sum of severance?
Once payments stop or the last one is received you are eligible for benefits. They should not be looking at the lump sum to carry you over any weeks of no income.posted Mar 9, 2016 11:15 AM [EST]
Answer to Can an employer request a light duty note for a PRN employee?
This is a gray area. There is no clear right that the employer has to this information, but you have no clear right to continued employment there. Put differently, employer can ask you for this and if you decline, it could terminate your employment. At that point, you could have a "perceived disability" claim, but I suspect you'd rather have your job than a claim. Not sure what your hours are there, but you could have some rights under the FMLA (even for elective surgery) and this would protect your time away and give you the right to return, but upon return the employer can require a clearance from your physician. I recommend you speak with counsel to go into greater detail, but hope this helps.posted Mar 8, 2016 07:40 AM [EST]
The employer can require that you burn up or use the PTO for days not worked, but of course they will have to pay you those hours. Put another way, you can't take time off from work and expect that your bank of PTO remains unaffected. Hope this helps.
posted Feb 29, 2016 07:09 AM [EST]
posted Feb 29, 2016 07:09 AM [EST]
Answer to FL co. terminated me after FMLA, stating "unable to reasonably accommodate me w/my MD restrictions.
FMLA claims are fact intensive. Your post raises a lot of questions that need to be addressed before any true analysis can begin. However, FMLA does not require that you be accommodated (our disability laws do) or that you be returned to the same position, only a similar one. Seek out an attorney of your choosing to go into this in greater detail. You do appear to have something worth exploring. Best of luck.posted Feb 26, 2016 06:59 AM [EST]
Answer to Can I claim STD if my young daughter is the one ill?
The answer lies in the disability policy secured as a benefit through the employer. However, I am not aware of one that has extended to a family member. Employers will typically pay you out any stored PTO while you are out on FMLA. This may not cover the full amount of time you need off, but it may help. Best of luck.posted Feb 25, 2016 07:36 AM [EST]
Severance agreements and the label for a separation can be two separate issues. The first examination has to be of the Agreement itself. Contact a lawyer to go over its contents. Best of luck.
posted Feb 22, 2016 2:26 PM [EST]
posted Feb 22, 2016 2:26 PM [EST]
Answer to I work in Florida and my employer is telling me I cannot take unpaid vacation. Is this allowed?
There is no entitlement to any particular length of vacation or vacation at all. It is a common benefit, but not one required by any law. As for the PTO, however, if they do not give you time off to use it it is a wage that you are entitled to be paid for. Hope this helps.posted Feb 16, 2016 07:01 AM [EST]