Legal Advice

Q. I live in Florida, my car was rear-ended last year while stopped, everyone in our car ended up in the hospital. However, the driver of the other car had no insurance. My insurance covered the repair fees for the car and most of the hospital fees. However there’s still more than a grand left in hospital fees. Is there a way to make the other driver pay for what his insurance would have covered should he have had it? It seems like he is walking away free and clear for not having insurance. Posted By: Jamie Sasson

A. Good question and this is something that a lot of people deal with.

You can pursue him for your medical expenses and pain and suffering, but there is a good chance he may not have any money for you to collect, so you may just end up with a judgment.

You may be able to collect money from your own insurance company, if you had uninsured motorist protection. Did you have this in your policy? Most people have from 30K to 50K. This covers you in the event the driver who hit you did not have adequate insurance, which is the case here.

Did the driver have a nice car, as that is a good sign whether it is worth suing him personally?

Q. I put in my vacation time in writing. A week later I put my two weeks notice in on a Friday. My vacation was supposed to start that following Monday. The Friday that I out my two weeks notice in, I got a text that read “you put in your resignation today. We have chosen not to accept your two weeks notice and accept your resignation immediately.” Is this lawful? And now they are not giving me my vacation time that I put in before I put my two weeks notice in. Is this lawful as well? Posted By: Rebecca Radosevich

A. I’m sorry to hear you were not able to work your notice or receive your vacation pay.

Florida is an at-will employment state which means that an employer can terminate your employment for any reason or no reason at all, so long as the reason is not discriminatory. As such, your employer’s action of not permitting you to work your notice was not unlawful. Moreover, there is no law in Florida that requires employers to pay employees vacation time upon terminating or resigning their employment.

Hopefully, your current employment will be a better experience for you.

Q. Is it legal to force employees to create a social media account to advertise the business for free? My employer is forcing us to create 2 social media accounts or else were fired. Posted By: Rebecca Radosevich

A. Social media is a very new area of law and Florida is just now starting to consider laws relating to social media. There is pending legislation in Florida that would limit employers’ rights to access your personal social media accounts. However, if you are creating accounts for your employer’s business use, I do not see how the pending legislation would apply.

It is important to know that Florida is an at-will employment state. This means that your employer can terminate you for any reason or no reason at all, so long as the reason is not discriminatory. So, if your employer requires that you create social media accounts as a term or condition of employment, and chooses to terminate you for not participating, I don’t see how you would have a case against your employer at this time.

Q. My last employer refused to pay me my last check. Later this month will be 1 year ago. How long do I have to try to get it from him and who will help me? Posted By: Rebecca Radosevich

A. I am sorry to hear that you did not get paid your final paycheck from your last employer.

The Fair Labor Standards Act requires that an employer pay its employees for all hours worked. Moreover, there is a law in Florida that requires that an employer compensate its employees for time worked.

After reviewing the information that you have provided, it sounds like you may have a claim for unpaid wages, but I would like to get some more information from you so that I can determine if you have a case. I recommend that you act quickly so that you are not precluded from recovering lost wages by the applicable statute of limitations.

Q. I was given a letter of understanding when I started employment stating the terms and benefits. Those terms were not met. I was terminated from the job and offered severance at a extremely reduced amount. Does the letter of understanding imply an enforceable intent and would it be binding by law in Florida. Should I hire legal counsel? Posted By: Rebecca Radosevich

A. Generally speaking, a Letter of Understanding may be enforceable against a former employer. However, I would need to review the letter as well as any other documents you may have related to your employment, such as an Employee Handbook, before I could determine if your employer violated the terms of an agreement. If your employer violated any of the terms of an employment agreement, you may have a case against your employer. I would definitely recommend you meet with me to discuss your situation further.

Q. I worked for a company and was paid salary. But they never gave me help and many weeks i worked 50 or more hours and only got paid for 40 do I have any legal recourse to get paid for the extra hours i worked? I am no longer employed with the company i feel they forced me out. Posted By: Rebecca Radosevich

A. I’m sorry to hear about your problems with your former employer.

The Fair Labor Standards Act (FLSA) requires that an employer compensate an employee for all hours worked, including time and one half for all hours worked over 40. There are some exceptions to this rule (or “exemptions” as the Act defines them). Certain jobs may be exempt from overtime, which means that the employer can pay a salary without having to pay overtime for time worked over 40 hours per week. The FLSA has four separate exemption categories.

Q. Do you need a lawyer to file bankruptcy? Posted By: Tim Quinones

A. The Courts do not require that you have an attorney to file bankruptcy, but it sure does make things a lot easier. Just like when you have a toothache, you do not have to go to the dentist, but I would much rather have a dentist perform surgery on my tooth as opposed to doing it myself.

Hopefully bankruptcy is something you only have to go through once in your life and if you do, you want to do it right. If you do not include a debt properly, you could still owe the money. When you conclude your bankruptcy, you want it to be done and look forward to moving on. The last thing you want is to find out that you made a very expensive mistake.

I head up the bankruptcy department at our firm and I would be happy to discuss this with you in more detail. The first consultation is free and our rates after that are very affordable. We take pride in what we do and we enjoy helping to give people a new start. Please email me or call me at the number below and I would be happy to talk with you further.

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