Answers Posted By William Carnes

Answer to my last emplyer of 45 days reduses to pay me my last weeks salary bc I left

Thank you for your inquiry. You bring up issues that warrant consideration.

If you worked 3 1/2 days, they owe you for that amount of time. The amount of money they owe you is difficult to reasonably litigate. You may wish to try one more time to communicate with them to find a convenient time to pick up your check. You can make a complaint with the Department of Labor for failure to pay minimum wage. That may get their attention but may not be the full amount owed.

There are various federal and state statutes and common law causes of action that you might wish to pursue in order to best serve your interests. These include, but are not limited to the following: breach of contract, oral and written, misrepresentation, negligent or otherwise, fraud, defamation, libel, battery, assault, slander, intentional infliction of emotional distress, workers' compensation retaliation, interference with an advantageous business relationship, negligent hiring, negligent retention, discrimination, claims or rights under state and federal whistle blower legislation including Sections 448.101-448.105, Fla. Stat., claims or rights under the Family Medical Leave Act ("FMLA"), Fair Labor Standards Act ("FLSA"), as amended, the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), Employee Retirement Income Security Act (` ERISA") of 1974, as amended, the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), the Equal Pay Act ("EPA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, the Florida Civil Rights Act of 1992 ("FCRA") Fla. Stat Chapter 760.

There are one or more statutes of limitation for these causes of action. If you wish to pursue a claim, you must file the complaint prior to the end of the limitation period, or the claim will be barred.

Many statutory violations have to be initiated through the proper administrative agency which is frequently the EEOC office and/or the Florida Commission on Human Relations. If you feel that your rights under these laws have been violated, I encourage you to seek redress with the proper agency as soon as possible. These have reduced periods of time during which an action can be commenced, or the cause action will be barred if not timely commenced. Please remember that many, but not all, federal discrimination claims must be filed appropriately within three hundred (300) days after the alleged act(s) of discriminatory conduct. Many, but not all, state claims of discrimination must be filed within three hundred sixty-five (365) days after the alleged act(s) of discrimination. The statute of limitations may be less or greater for other causes of action.

While the EEOC/Commission on Human Relations administrative process can operate without the assistance of a private attorney, you may wish to retain private counsel to assist you in filing a claim. A privately retained attorney can assist in investigating the claim, recognizing the issues, identifying the defendants and drafting the charges. It is important to remember, however, that you must file the charges in a timely manner or the action will be barred. The date of these occurrences is very important and should be determined in order to avoid the statute of limitations.

Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client.

During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer. In order to provide such a service to our clients, we must charge a fee of two hundred and seventy-five dollars ($275.00). For your convenience, our law firm accepts most major credit cards.

Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case.

The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.

William Jeffrey Carnes
Attorney at Law
Labor and Employment Law
6018 Flora Vista Avenue
Tampa, Florida 33604
Office Phone: 813-254-4757
Facsimile: 813-234-0401
E-mail: wjcarnes@aol.com
Internet: WJCarnes.com

Providing Consultation, Advice and Counsel, since 1993, on Matters of Employment Discrimination, EEOC Investigations, Individual Employment Disputes and Employment Contracts, Restrictive Covenants, Severance Negotiation, Collective Bargaining, Grievance Analysis, Arbitration, Mediation Advocacy, MSPB, NLRB and PERC Litigation, Administrative Hearings, and Licensure Proceedings.

The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

posted May 31, 2011 1:51 PM [EST]

Answer to New teacher they want to fire for budget shortfalls. Should I sign the paperwork?

Unfortunately, all you have right now is speculation that you may be terminated. Before an attorney can advise you on whether to sign "paperwork" the attorrney must review the paperwork. I suggest you seek an attorney who can review the documents and advise you.

posted Apr 16, 2011 05:37 AM [EST]

Answer to If I am still with the company after being taken over by new employer. Is non compete still valid?

Without reviewing the actual language of the non-compete agreement, an attorney cannot advise you properly. You should consider consulting with an attorney.

posted Apr 16, 2011 05:33 AM [EST]

Answer to Will my non-compete hold even though my position was reduced to part time

If the non-compete covenant is otherwise enforceable, a mere reduction in hours may not make it unenforceable. However, if the reduction amounts to a material breach of the employment agreement, this could effect the restriction. You should consider consulting with an attorney who can get more facts and research as needed to render a competent legal opinion. There are not enough facts given to do so.

posted Apr 14, 2011 1:29 PM [EST]

Answer to Laid Off

I am not sure what is your question.

If your son has a disability, he should not be discriminated against because of the disability if he can accomplish the essential functions of the job with or without a reasonable accommodation.

Florida is an employment at will state and so long as the employer does not violate the law the employer can terminate an employee for a good reason, bad reason or no reason at all.

Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client.

During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer.

Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case.

The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.

posted Oct 4, 2010 07:53 AM [EST]

Answer to Can an employer pay fulltime employees with same hire date different vacation benefits?

Unless the employer is giving different vacation benefits to employees for an illegal reason such as illegal gender discrimination, this is not illegal in an employment at will state such as Florida. There are many reasons why this could be an illegal act but more facts are necessary to determine that.

Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client.

During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer.

Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case.

The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.

posted Oct 4, 2010 07:48 AM [EST]