Answers Posted By Dion Cassata

Answer to Termination & Florida Law

Employer withholding a last paycheck.

There is no requirement in Florida that an employer must tender a final paycheck immediately upon an employee's termination. Generally, after an employee has been terminated, his final paycheck(s) is due on the next regular payday or days.

The employer may not hold the final paycheck as "ransom" in an attempt to force the employee to sign a release or other document. The employer may make deductions from the final paycheck for monies owed the employer, advances made to the employee, damaged equipment, other set-offs, reimbursements, etc.

posted Aug 14, 2006 3:23 PM [EST]

Answer to Wrongful Termination

three strikes

I'm sorry to hear that your husband lost his job. I would have to know a bit more about these "strikes" that were used as grounds to fire your husband, but from what you have written thus far, I don't see how his termination was wrongful. As you point out, in Florida the employer does not need a reason to fire someone. (They just cannot have an illegal reason). The concept of a termination being "wrongful" hinges on whether there was an illegal motivation behind the decision to fire him. What do you think was the motivation? The fact that they seem to be "borrowing" strikes from the past to justify firing your husband now might suggest that they are not being forthcoming about the real reason for the termination, but you offer no information on what that "real" reason may be.

posted Oct 18, 2005 8:02 PM [EST]

Answer to Non-Compete Confidentiality Agreement

non-compete with ABC Corp.

Dear May,

It is impossible for me to answer your question confidently without first seeing your non-compete agreement. I can tell you that non-competes must be reasonable in duration, geographic scope, job position and what's considered to be the same or similar industry. Is ABC in the same line of business as XYZ? If XYZ is just a client of ABC, are they really engaged in the same industry? Are they really competitors?
I also think that there is an argument that the position of personal assistant is not a job for which a non-compete is really appropriate. But that is just a guess. Addititionally, some non-competes are only enforceable when the employee leaves voluntarily. But like I said, I cannot really answer your question without seeing the contract and knowing more facts. Good luck.

posted Oct 3, 2005 08:56 AM [EST]

Answer to didnt get payed what was promised

RE: not paid as promised

Dear Steve,

Your situation triggers several issues. To begin with, for a variety of reasons, many courier companies vigilantly attempt to classify their drivers as independent contractors, rather than employees. (I know of at least one such company that makes its drivers wear shirts that read on the back, "I am an independent contractor.") However, just because an employer labels you an independent contractor does not necessarily make you one. An employer cannot just label all its employees "independent contractors" and wash its hands of having to comply with employment laws. Whether someone is an employee or not is determined through a factual analysis of their situation. Basically, a court ignores an employer's labels and instead looks at whether you were, in reality, an employee. I would need to know more about your situation to determine whether you really were an employee, but on the surface it sounds like you may have been one, regardless of whether you completed a w-2 form.

If you indeed are an employee, it sounds like your employer may have violated minimum wage laws. Florida's is currently $6.15 an hour, I believe. Generally, an employer must pay you minimum wage "free and clear"- that is deductions cannot take your actual pay rate below minimum wage. I would have to know more about the facts to give you more concrete answers. If you wish to contact me, my info is below.


Very truly yours,
Dion J. Cassata, Esq.

Cassata & Hanson, P.L.
1250 E. Hallandale Beach Blvd., Suite 607
Hallandale Beach, FL 33009

Phone: (954) 364-7803
Facsimile: (954) 251-4787
www.cassatahanson.com



posted Sep 27, 2005 2:14 PM [EST]

Answer to Re: Dion Cassata--Equal Pay

Response - Equal Pay

Unfortunately, I am not certain that any of the events you describe give rise to a legal cause of action. Regarding the fact that the employer has decided to pay your replacement more money, there is nothing in the law that prevents an employer from choosing to pay one employee more than other employees. (It would violate the law to pay certain employees less because of their race, gender, etc., but that does not really appear to be the case here, from the facts you describe.)
Additionally, although it must be frustrating to have an employer not support your attempt as a supervisor to enforce the employer's policies and disciplinary measures, I don't see what cause of action you could bring, especially in light of the fact that you resigned.

The only possible case I can think of might be under a whistleblower statute, if the security involved matters of public safety and your reporting of the sleeping employee would be considered reporting a violation of the law. I think this would be sort of a stretch, though.

Please talk with other attorneys about the situation. They may have different perspectives on the facts than I, or maybe with more details, deterime that you have a case against your employer.


posted Apr 7, 2005 08:57 AM [EST]

Answer to Equal Pay Act

re: equal pay act

Its hard to answer your question without more info. The title of your thread is "Equal Pay Act" ... do you believe that your former employer is paying you less than women performing the same job because of your gender? Also, what do you mean that the company would not "back you up"?

posted Apr 6, 2005 1:19 PM [EST]