Answers Posted By Alfred Roush

Answer to If former company does not respond to counteroffer; what are your options?

You can accept the original offer, (if it is still available) or you can discuss pursuing your legal claims against the company with an employment attorney. Feel free to check out our website at or give our offices a call at 813-444-5300.

posted Aug 14, 2013 12:39 PM [EST]

Answer to My attorney made counteroffer to original severance package;does co. have to respond?

Your former company is not required to respond to the counteroffer made by your attorney. If they fail to respond, the next likely step would be to discuss accepting their original offer, or decline the offer and discuss further pursuing any legal claim you may have against the company. Any other assistance, check out our website at

posted Aug 14, 2013 12:36 PM [EST]

Answer to Can I sue for punitive damages for withholding my final paycheck?

Last paychecks are typically due within a "reasonable" time. Employers often ask for another pay period to process or a little time if the check will be written outside of payroll.
If you received a letter from an attorney I recommend consulting an attorney to review that letter with you and then contact their attorney or write a letter on your behalf. There are liquidated damages that may be added to damages in certain cases so they should be more than willing to cooperate assuming no surprise facts.
You can contact my office and we'll be happy to assist you with this matter.813-444-5300

Alfred Roush

posted Aug 5, 2013 2:43 PM [EST]

Answer to I work in Florida, what are the laws in regards to PTO payout?

Ms. Towzey is correct, Florida does not treat a handbook as an employment contract and Employers may amend it anytime.
If they are offering to pay a reduced rate of PTO and you already have another job be careful that there are no "strings" attached like "non-compete". Certain provisions may restrict your ability to work in your industry/area. It may not be worth accepting the PTO if you will be working for a competitor and they require you to sign a non-compete.

Its important to consult an employment attorney if you have questions regarding separation or severance compensation and your rights.

Employment Attorney Alfred Roush
Alfred M. Roush, PA
607 Bay St.
Tampa, FL
Office- 813-251-0107

posted Jun 28, 2011 07:30 AM [EST]

Answer to Can I still collect benefits if i didn’t call the payroll company within 24hrs of separation?

You may still be able to collect benefits if you qualify under Florida's Unemployment Compensation rules. I strongly urge you to consult with an attorney regarding your claims for unemployment and your rights to appeal any adverse determination from the Unemployment Commission. An attorney can represent you at your hearing and your appeal regarding an adverse determination.
A few questions for you; Which payroll company is contesting your claim? What does the Employer think of the status of your separation? Fired, let go, or resigned?

It is important to have a Florida employment Lawyer review your case to determine your rights for unemployment. For more information and to claim weeks go to

Employment Attorney Alfred Roush
Alfred M. Roush P.A.
607 Bay St.
Tampa, FL 33606
Tel 813-251-0107

posted Jun 28, 2011 07:00 AM [EST]

Answer to I signed a non compete contract what to do now?

Non-competes("NC") in Florida may be enforceable in parts or in their entirety. However, there are several factors to consider when. Courts should construe NC in favor of providing reasonable protection to the business attempting to protect their interests by enforcing the NC and keeping you from competing against them or stealing their trade secrets or customers unfairly.
NC will be evaluated in terms of Time, Scope, and Distance(surrounding area).
Employers cannot classify just anything as a trade secret, it must meet certain criteria. Examples of trade secrets include confidential information, including a formula, pattern, compilation, program, device, method, technique, or process that:

a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy

I recommend having a Florida Non-Compete Lawyer review your agreement to determine whether your NC will be Enforceable in Florida. Always have a NC attorney review your NC before signing it or taking actions that might be interpreted as violating the agreement to avoid the costs and expenses of defending claims.

Alfred M. Roush, PA
Employment Attorney Alfred Roush
607 W. Bay St.
Tampa, FL 33607
Office- 813-251-0107
Fax- 813-200-5999

posted Jun 28, 2011 06:49 AM [EST]

Answer to Can I be sued for publishing a book about the industry I work in

"How likely is it that I will get sued?"--
There are several variables that are in play in your situation before you can be sued.
The risk that your employer may bring a claim against you depends on whether you are violating some part of your employment contract or company policy which may be an enforceable. Such provisions may include confidentiality provision, trade secrets non-disclosures, non-compete agreement, or non-disparagement provisions. Your status as an employee may put further restrictions on your ability to disclose "market inefficiencies". Without reviewing your employment agreement, handbook, and corporate policies which should address these areas, I cannot say whether you will be sued or not. I recommend consulting with an attorney before you do anything that may put you at risk for termination or expose you to lawsuit.

posted Jun 28, 2011 06:24 AM [EST]

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