Answers Posted By Scott Behren

Answer to How to obtain a release for non-complete agreement

Would want to see the terms of the non compete agreement and ask questions about what types of training and information you received while working for old company. Feel free to contact me if you wish to discuss further.

posted Apr 5, 2016 2:48 PM [EST]

Answer to I was recently affected by a company laid off in Florida. They did not payout unused PTO days. Hourly employees earn vacation and sick pay... they received payouts. Salaried employees earn PTO days to use for days off whether sick or

Was their a written policy on what happens to accrued but unused PTO? Did you get a severance when laid off that includes the PTO you earned? Would need further questions answered. Feel free to call or e-mail me if you wish to discuss further. Generally, in the absence of as written policy, if you are fired and have accrued PTO it should be paid to you upon termination.

posted Oct 18, 2015 08:04 AM [EST]

Answer to I am a home health care assistant working for an agency in PBC. I am very clearly an At-Will employee, as spelled out in every employment agreement I have. My first E.A. included a non-compete that specified, proprietary information, existing clients and

YOU can hire a lawyer to review and attempt to negotiate the terms so they are not so harsh. They can ask you to sign this type of document to keep working for them. Question will be whether its enforceable if you quit or are fired. Feel free to call or e-mail me if you wish to discuss further.

posted Oct 16, 2015 2:44 PM [EST]

Answer to my paycheck has been stamped with NSF and i dont know what to do

There is a Florida bad check statute. I would send or have a lawyer send the bad check letter demanding payment of the monies. under the statute if they don't make good on check there are major penalties and also can be required to pay attorneys fees. Feel free to call or e-mail me if you wish to discuss further.

posted Oct 3, 2015 07:35 AM [EST]

Answer to Are sign-on bonuses enforceable through the sale of a company?

YOu are best off showing the actual contract to an employment or contract law attorney to review the actual language of the document. Feel free to check ou my employee rights blog at www.takethisjobnshoveitblog.com for more information on employee rights.

posted Aug 30, 2010 6:44 PM [EST]

Answer to Devito Restaurant: defamation, slander and discrimination law suit...possible?

You need to sit down with an employment lawyer and go through all of the issues in this possible claim. You also need to file an EEOC Charge ASAP if you wish to bring a claim for discrimination. Feel free to check out my employee rights blog www.takethisjobnshoveitblog.com or my website www.behrenlaw.com. />
Scott Behren

posted Aug 2, 2010 5:38 PM [EST]

Answer to Do I have a chance of proving I left for good reason?

Might also want to consider a whistleblower claim against your former employer, maybe can use that as leverage to get them to pay unemployment and some severance. Feel free to check out my employee rights blog www.takethisjobnshoveitblog.com or my web site www.behrenlaw.com.

posted Aug 2, 2010 5:35 PM [EST]

Answer to Is there case law against employers holding back a promotion due to the economy?

So why do you think you were passed up for promotion. If not for discriminatory reasons (sex, race, age, etc) than probably nothing you can do it about it. Feel free to check out my employment law blog www.takethisjobnshoveitblog.com or my web site www.behrenlaw.com.

posted Aug 2, 2010 5:33 PM [EST]

Answer to We accrue vacation time based on hours worked, do I get paid for it?

Most likely yes. Do they have a written policy on payment of vacation pay after your departure from the company? I have blogged on this issue, check out my employee rights blog at www.takethisjobnshoveitblog.com or my website www.behrenlaw.com

posted Jul 15, 2010 06:29 AM [EST]

Answer to Do I have a case related to whistleblower?

Was the fact that your coworker was doing her personal business a danger to the public or a violation of a law rule or regulation? If so, you may have a whistleblower claim. For more information check out my employee rights blog www.takethisjobnshoveitblog.com or my web site www.behrenlaw.com.

posted Jun 24, 2010 7:21 PM [EST]