Archibald Thomas
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Answers Posted By Archibald Thomas
Answer to Can I be kept from gaining employment with a new company because of a no solicitation agreement if I
You are not bound by a non-solicitation agreement if you did not sign it. Florida law requires that restrictive covenants be in writing and signed by the employee in order to legally be enforceable. However, it is possible that there is a written agreement between the retirement community and your former employer that may purport to preclude your employment. If so, the question of whether that agreement is legally enforceable can depend on the precise language of the agreement.posted Apr 5, 2019 07:06 AM [EST]
Answer to Hi I would like to know I'm being laid off with a lump sum severance, can I apply for unemployment?
Yes, you can apply, however, in Florida, the severance pay will be treated as an offset against your entitlement to unemployment compensation. Thus, you would not be entitled to unemployment compensation for any week that the severance pay is equal or greater than the weekly benefit. However, there is no reduction in total benefits or available credits on the unemployment benefits claim, according to Florida's Agency for Workforce Innovation. That means an unemployed resident can collect unemployment benefits after his or her severance is depleted, if still unemployed.When a week of severance pay is less than the weekly benefit amount, the resident is eligible for a benefit payment reduced by the severance pay. For example, if a worker is receiving severance pay for a week equal to $200 but the weekly benefit amount of the claim is $275, the individual can be paid $75 in unemployment benefits.
posted Jan 4, 2019 12:35 PM [EST]
Answer to Is a non compete enforceable if it is sent via email, but never signed or agreed to via email?
Florida Statute 542.335 regarding non-compete agreements provides, in part as follows:Valid restraints of trade or commerce.—
(1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited. In any action concerning enforcement of a restrictive covenant:
(a) A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.
Thus, under section (1)(a) of the statute, the agreement must be in writing and signed by the person against whom enforcement is sought.
Based on your description of the circumstances, it appears that there is no signed written agreement allowing enforcement of the liquidated damages provision you described.
Archibald J. Thomas, III
Board Certified Labor & Employment Lawyer
Law Offices of Archibald J. Thomas, III, P.A.
4651 Salisbury Road, Suite 255
Jacksonville, Fl 32256
archibald@job-rights.com
www.job-rights.com
904-674-2222
posted Aug 2, 2017 1:33 PM [EST]
Answer to My employer is delaying accommodation after FMLA. They also
In addition to the rights you have under the FLSA to be placed in the same or similar position, you may also have rights under the Americans with Disabilities Act to require the employer to provide you with any reasonable accommodation necessary to enable you to perform the essential functions of your job.Archibald Thomas
Board Certified Labor and Employment Lawyer
4651 Salisbury Road
Suite 255
Jacksonville, FL 32256
904-674-2222
www.job-rights. com
posted Feb 11, 2016 11:32 AM [EST]
Answer to Am I required to repay sign-on bonus and relocation expenses based on upcoming job loss?
Based on the limited information provided, it does not appear that repayment would be required. However, you cannot necessarily rely on on the offer letter. You should also review the terms of the loan agreement and the relocation agreement as well.Archibald Thomas
Board Certified Labor and Employment Lawyer
Thomas@job-rights.com
posted Feb 8, 2016 10:29 AM [EST]
Not likely. However, in order to provide a more specific response further information is needed. It would be helpful to have details regarding your position, the type of work you do and a description regarding the employer.
posted Feb 3, 2016 11:04 AM [EST]
posted Feb 3, 2016 11:04 AM [EST]
Answer to Can an employer deny FMLA for Military Exigency even though the employee hasn't received FMLA P/W?
The FMLA prevents interference with one's rights under the FMLA or retaliation for asserting those rights. If FMLA is denied by the third party administrator or if the harassment continues, you may want to consult a lawyer to determine what, if any, remedies may be available to your husband. The FMLA does permit an employer to require that PTO be taken, if available, while on FMLA leave.posted Sep 8, 2015 2:22 PM [EST]
Answer to Can RMO be shielded by subordinate supervisor saying he made decision?
The answer to your question depends in part on who had knowledge of your protected activity. Since retaliation depends on what is in the mind of the person taking the retaliatory action, this issue should be analyzed with reference to whether one management official can insulate another, but rather, what did the person who took the action know at the time the action was taken. If the subordinate was aware of the prior EEO complaint, then it makes no difference whether the action was taken by the subordiate or the Plant Manager as long it was taken in retaliation for the prior EEO complaint. Since the claim is against the employer and not any particular individual, the postal service would be liable for action taken by either the plant manager or the subordiate if a retaliatory intent was present.posted Mar 22, 2012 08:48 AM [EST]
Answer to Can a non comp agreement signed with a TN or OH company be enforced in FL?
The answer to your question may depend in part on exactly what is meant by out-of-state company. If you mean that they do business in Florida but their headquarters is located out-of-state, then that would make no difference in the enforcabiltiy of the agreement. On the other hand, if you mean that the company has no office in Florida and otherwise does not conduct business in the state of Florida, then there is a reasonalbe chance that a non-compete agreement would not be enforced in Florida. The important issue given your question is where the company does business as opposed to where they are physically located. However, there are many other factors that could affect the enforcability of the agreement as well. Only a lawyer familiar with these issues who has reviewed the agreement and has obtained all the relevant factual circumstances can give you an opinion regarding the enforcability of your particular agreement.posted Jan 20, 2012 2:23 PM [EST]
Answer to Does the sale of a company continue the non-compete agreement?
The agreement may still be valid, but it depends on the wording of the agreement. Many agreements permit employers to assign their rights under the agreement to a successor. You should have the agreement reviewed by a lawyer who is experienced in this area to get a definitive answer to your question.posted May 4, 2011 4:10 PM [EST]