Florida Employment Contracts Legal Questions

Have your employment agreement reviewed.  That sounds really odd to me that they would try to contract you in such a way that there's a blanket prevention on any employment for 3 months if you quit.  And, to be blunt, I don't see how it would be enforceable.  That said, it may have preventions in it hidden in legalize which may be enforceable and of which you'll wan to be aware.  You're best bet is probably to hire an attorney to do a professional review and break it down for you so you know exactly what you can and cannot do.... Read More

You can sue your employer.  Unfortunately, while it seems from the facts as you've presented them, that you have a good case, it also seems likely (based on the fact that you can no longer reach it) that your employer may have gone out of business and be judgment proof, i.e. have no money to pay any judgment you may be awarded.... Read More

Unless you have a contract limiting your employer's right to fire you, or you believe you are being discriminated against for a reason prohibited by statute (e.g. race, gender, religion, etc.), your employer can fire you for any reason at any time, including that it believes that your other employment constitutes a conflict of interest.... Read More

Well, if you didn’t sign the non-compete agreement, then, no, it would be a stretch to enforce it against you since you aren’t a party to any agreement.  That said, it sounds like the company put the non-compete in the handbook or as part of a bulk paperwork of policies when you signed on and probably has a bunch of legalese that you agree you’ve read, reviewed, etc. etc. and that you agree to everything.  If this is the case and the non-compete is part of it, then, yes, it is probably enforceable (at least in a general sense).  As to whether it would hold up in court, that’s an answer that can only be given after review of the substance.  Now, this is a general answer.  If you are considering leaving this position in a manner that would violate the non-compete, take all of the paperwork to an attorney and discuss everything in confidence.  With the actual documents in hand, the attorney can give you a more direct answer as to whether you are facing any liability and potential strength/weakness of your legal position.... Read More

If I understand correctly, you have a job… you went seeking a new job in an area that requires a plane ride.  You took that plane ride (paid by the interviewer), were offered the job, and accepted.  When you gave your two-week (or however long you gave) notice, the current employer offered you a better gig that you want to accept.  Now, interviewing/job offered company says ‘fine, but we want the money for the plane ticket back’ (essentially).  Or, they offered you the job, and then bought you plane tickets.  Well, absent some agreement that the plane ticket was to be paid back, I think it may be tough for them to come after you.  If the tickets were bought to bring you in for the interview, it looks like this was just incentive to get you as a candidate.  However, if the tickets were bought as a relocation package, that gets trickier because I’d be interested in the agreements or understandings regarding the relocation package.  This could have been contingent on you taking the job with the understanding that you would be on the hook if you decided not to take it.  Basically, there are many more questions that need answers before anything definitive can be determined.  In either case, I’d be a little surprised if they would pursue a small claims case against you for $500.00.  To get something definitive, I’d suggest sitting down with a lawyer to discuss everything in a confidential environment.... Read More

On those facts, it doesn’t sound like there’s a legal cause of action.  Florida is what’s called a ‘right to work state.’  It is a bit of a misnomer, but essentially allows an employer to fire an employee for any reason or no reason at all.  There are certain exceptions for race, religion, gender, etc., but under the facts you’ve given it doesn’t sound like an exception is applicable.  Of course, if you have an employment contract that limits the scope of your employment, it is possible there’s a breach of that contract by your employer.  Barring some additional facts that would change the situation, I don’t see a cause of action.  That said, keep in mind that facts will dictate so you would probably find it helpful to speak with an attorney regarding the specifics of your situation.... Read More

What was your agreement?  Was it that you would be paid a certain amount regardless of  how many hours you worked?  What pay would you have expected if you had worked 55 hours? The short answer is that if your agreement with your employer is that you will be paid a set amount regardless of the hours you work,he can't pay you less than that amount for working less hours than usual.  However, barring a contract which provides that you are guaranteed employment for a specified period of time, or that you can only be fired for specified reasons, and assuming that you are not covered by some statutory protection (e.g. you can't be discriminated against because of your age, religion, gender, etc.), your employer can fire you if you refuse to take a pay cut.... Read More

First of all, although I am not an expert on the law of every state, I am unaware of any state which is not an "at will state".  Absent a contractual provision to the contrary (e.g. "employee can only be fired for good cause" or "employee will be employed for a term of 3 years") or a statutory prohibition (e.g. a statute prohibiting being fired because or race, gender, age, whistle-blowing or other protected activities, etc.), an employee can be fired at any time, for any reason.... Read More

As a general matter, your employer has the right to fire you at any time for any reason or no reason at all. Even without a HIIPA violation, your employer needs no good reason to fire you. This is the result of the "at will" employment system we have in America. Mistakes happen all the time. If you are being treated differently with respect to this mistake than your employer treats younger employees, you may have an age-discrimination claim. An attorney can assist you in resolving this matter.... Read More

An employer is under no obligation to provide any employee with compensated time off. The employer need not provide the same vacation benefits to every employee. The employer may condition receipt of vacation benefits on satisfactory attendance, performance, achievement or other terms. However, if vacation has been promised unconditionally in advance, the employer may generally not withhold vacation that has already been earned in accordance with the promise. Much depends on specific facts and circumstances you have not supplied. See an attorney.... Read More

There are two things you can do to protect yourself: first, you can require each employee to enter into a non-soclitiation agreement. Second, you can require each customer to enter into an agreement not to transact any business with your employees. An attorney can assist you in drafting appropriate agreements.... Read More

Normally, no. The general idea of a severance package is that you must voluntarily quit in return for your employer's agreement to make payments to you that it has no obligation to make. Once those payments have run out (or are deemed to have run out if you received a lump sum), if you have not found replacement employment, it may then be possible to apply for and receive unemployment benefits.... Read More