Screw You Guys, I'm Going Home

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By: Donna M. Ballman, P.A.

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Donna Ballman

Latest from Screw You Guys, I'm Going Home

I see offer letters that make a specific job offer and then say, by the way, this isn’t a contract. Guess what? Offer plus acceptance equals contract. I don’t care what that disclaimer says, it’s still a contract. Now, what the contract means is another thing. It may say you’re at-will, which means they can fire you for any reason or no reason at all. Some states have exceptions to the at-will doctrine. In all…
For some reason, lately I’m running into employers that are firing employees because they are doing business with a competitor or a merchant they don’t like. In Florida, and I’m guessing in some other states, this is flatly illegal. An employer in Florida cannot demand that an employee buy from them or deal with them. Nor can an employer demand an employee not do business with any other company. Fla. Stat. Sec. 448.03 provides:  Threat…
Don’t get too excited. It will probably pass in the House, fail in the Senate, and be vetoed even if it does pass. But still, the “BE HEARD in the Workplace” Act (short for “Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act”) just introduced would be a major step in the right direction on sexual harassment law. The bill would fix some major issues with existing sexual harassment…
It’s not unusual that people are duped into giving notice at their job, only to have the offer pulled or find out the job is nonexistent. Some folks get lured into a job with promises of higher pay, better title, specific hours or location, and it turns out that the representations made to lure them in weren’t true. If this happens, you might have a case for fraud. There are two types of fraud that…
In a possible sign of the apocalypse, I actually agree with something my state’s Senator, Sen. Marco Rubio, has done. I’m stunned but pleasantly surprised that he has introduced something to help working people, despite being the senator for very anti-employee Florida. Senator Rubio has introduced the Freedom To Compete Act, a bill that would prohibit employers from forcing exempt workers from entering into noncompete agreements. That means no hourly employees would be required…
The United States is way behind most other western nations in protecting its workers. While Congress has dropped into paralysis, U.S. cities have stepped in where Congress and the states have failed to protect working Americans. Florida is one of the most anti-employee states in the nation. The cities here could do much to help working people if they had the political will. Here are some examples of how cities are stepping up to help…
I saw at least six stories last month about people being fired for having a DUI. See herehere here here here and here. Oddly, the majority were police officers, who should know better. If you are arrested for a DUI, the consequences go way beyond possible jail time. You may not be aware that a DUI can have a devastating impact on your job. Here are 9 ways a DUI can destroy or…
You’re called into a meeting with HR and your boss. You know the axe is falling. Here some do’s and don’ts to consider if you are called into a meeting and fired: DO’S  1. Do work as long as you can. If they are giving you the option to work for a few more weeks or months, do say yes. It’s way easier to get a job when you have a job. Take that time…
With layoffs happening in droves right now, many people are wondering what to do if the axe falls. While this is a stressful time, it’s also an opportunity to prepare. Here are some things to think about if you are about to be fired or laid off: Potential claims: If you think you’re being singled out due to race, age, sex or national origin, start writing down the ways you believe you’ve been treated differently.…
Many times, employees ask me if their employer can enforce a noncompete or nonsolicitation agreement they never signed. The short answer is no, at least in Florida. The Florida noncompete statute says: (1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited. In any action concerning…