Answers Posted By Arthur Schofield

Answer to Is it legal in Florida to put someone on leave who is under a doctor's care. I have been put on leave because someone overheard I was taking pain medication prescribed by my surgeon

Your question raises multiple questions, ones that are best addressed through a consultation with an attorney. There are disability issues as well as issues under the FMLA that may provide you with some benefits, protections and right. Contact counsel of your choosing.

posted Feb 12, 2016 09:32 AM [EST]

Answer to My employer is delaying accommodation after FMLA. They also

FMLA requires that an employer return you once you are cleared, but not necessarily to the exact position you held. Something similar complies with the law. You may want to consult in greater detail with counsel on how to best address the employer.

posted Feb 11, 2016 10:51 AM [EST]

Answer to My employer never had me sign a w-2 or w-4 and paid me under the table for 4 months. I kept asking her to set things up right so neither one of us would have problems. She said she would worry about it in 2016 and get things set up correctly. Now as taxes

Whether you were an IC or an employee would require a greater factual analysis then you provided. Much of the question turns on the level of freedom you are given: who sets the rates, who sets the hours, who sets the rules when you are working. As an IC she can issue a 1099, as an employee she had withholding obligations. Either way you have a tax obligation on the income. Only difference being whether you paid it per check through withholdings or at the end of the year based on the income reported to the IRS. This will be her issue and will have to deal with the State and the IRS. Your issue will be only to pay the tax on the income.

posted Jan 27, 2016 06:45 AM [EST]

Answer to IF an employee uses company cell phone for personal calls/message, and that phone gets subpoenaed or taken by fed agency, is the personal information available?

Yup. Lesson learned: company property is just that, company property. You should not use company property for any personal reason. This includes cell phones and computers.

posted Jan 26, 2016 09:33 AM [EST]

Answer to Can a release letter of all contracts release me from a non-compete?

The only way to answer this question would be to see not only the non-compete agreement, but the letter that purports to release you. Typically, however, a release would come in the form of a document signed by both you and the employer releasing you from the non-compete agreement. A letter could suffice, but it is an unusual way to effectuate a release.

posted Jan 20, 2016 08:02 AM [EST]

Answer to i work for a company in Florida but they use an employment agency to handle their payroll so my W2 says I work for the Alabama company, not my Florida company where I report to work. What state do I file unemployment in?

Florida, but beware: call the Employment Agency and ask if they have any other work for you. If you don't you can be found to have abandoned employment and therefore denied benefits.

posted Jan 19, 2016 06:26 AM [EST]

Answer to I have a non compete in Florida 18 months 50 me radius. The original non compete was also altered by my ex employers. I have a copy of original where items where left out, date was left off etc. when the law suit came about they turned in a copy that was

Ms. Towzey's advice is spot-on. I write to add that most of these come with a prevailing party attorney fee provision so fighting them can be very risky as it will add to your financial exposure. If you are not happy with the legal services you are being provided, seek out a second opinion. Best of luck.

posted Jan 11, 2016 06:01 AM [EST]

Answer to Can my company withhold my last check as reimbursement for moving expenses

Technically not, but if you entered into an agreement which gives them the ability to recover those monies you are indebted to them in the amount of $5K so it will matter little when and in what form those monies are tendered. I recommend that you have someone look at your moving/relocation agreement.

Best of luck.

posted Jan 4, 2016 11:51 AM [EST]

Answer to I am a contractor getting paid by Medicaid. I have many subcontractors doing services for more than 40 hours a week. My question is if I have to turn them into employees in order to pay them the over time hours or I just can pay the over time in the same

This is an issue you will want to address with more facts in hand. The question will be whether your subs are truly independent contractors or employees. If they are employees and you are considered a covered employer under the FLSA, there is a legal obligation to pay the OT rate. If they are independent contractors, as that term is defined by the FLSA and IRS, then there is no obligation to pay. Don't make this decision without consulting with a lawyer. Not complying with OT pay obligations can be very costly. Best of luck.

posted Dec 30, 2015 07:46 AM [EST]

Answer to I'm jewish. My company says they can't give me a chanuka card without giving one to everyone one else. so they gave me a christmas card instead. Is this considered discrimination?

Discrimination, perhaps, but the question is whether it rises to the form of discrimination to take action over and the answer to that is likely not. Until discrimination results in financial harm you have to consider the worth of pursuing or raising a legal claim. Best of luck.

posted Dec 22, 2015 12:43 PM [EST]
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