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You have several issues,
Submitted by DakotaLegal on
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You have several issues,
Submitted by DakotaLegal on
You have several issues, ranging from contract and employment and maybe even what’s called a “tort,” and there are several very, very different ways to try and have your rights investigated and protected. We’re going to talk about them in two basic ways: first, possible lawsuits, then possible complaints to Florida state agencies. In general, most people find that threatening to bring a complaint to a state agency is better…but first, we’ll look at possible lawsuits, because this is also how a state agency will consider your thinking: there may be smoke, but is there fire? In other words, what specific rights are being violated?
Your real caution is not to start a “civil war” with the landlord. Figure out what you want to settle this whole thing…say, two weeks wages, and a promise to give you a decent, written reference, for example.
First, possible lawsuits…
The good news is the possibility you can get a complaint to qualify for a Florida small courts claim. It’s likely your claim for damages will be well under $5,000. Here’s some information about how to prepare a Florida small claim: http://www.jud10.org/CountyCourt/SmallClaims/claims.htm
One factor is what exactly you believe you are entitled to. Are you trying to get your job back? That’s not necessarily very likely, since Florida often sides with the employer over the employee, unless there is a specific contract agreement. If you had an employee’s handbook, look carefully through it and see what kind of employment agreements might have been in it while you were working there. You can tell the employer you believe you are due wages and see if he is willing to compromise. Otherwise, make a wage complaint (which seems weak) through http://www.ehow.com/how_7439105_file-florida-non-payment-wages.html .
You mention possible damage to your reputation, too. These are slander suits, and can be very difficult to prosecute. One reason is that it’s hard to pin down the actual cost of a reputation. On the other hand, if you have a disability and this can be shown to have cost you a job, you might have a civil rights complaint or a claim under the Americans with Dsiabiite4s Act (ADA). http://www.disabilityrightsflorida.org/contact/contact_info
It’s not likely that you have an age dispute, since you are younger than he is. Most age discrimination suits, though, involve discrimination against older workers.
Second, complaints to Florida state agencies…
Many people prefer administrative complaints for two good reasons. They are cheaper than a lawsuit and they require lower levels of proof.
The interesting thing is also the possibility that there may be some irregular actions by the association. While not letting this be the focus of what was done to you, it may have an important bearing on your proving how badly they manage their personnel. If you want to really burn the bridges, you might complain to the sate condo oversight agency: http://www.oppaga.state.fl.us/reports/pdf/9762rpt.pdf .
Only you can really answer the net question: is there some reason for him to be prejudiced or discriminate against you? Keep in mind that under Florida law, there does not have to be a real reason…if for example, he is repeating some belief in your minority status, then you have a right to complain about any number of his actions. This could even cover his attempt to have you evicted. In act, of all your complaints, the housing issues raise the most important areas where your human rights are likely the strongest. For human rights issues, including housing, visit http://fchr.state.fl.us/ .
Keep a journal of any negative comments, and be sure to list possible witnesses. Keep in mind, though, that most people may act sympathetically but rarely want to feel “dragged” into a dispute where they have to take sides against a landlord.
One of the things to consider is whether there is a way to settle this whole thing with a meeting. Trying to keep it from getting out of control is a good idea. Some employers are very happy to mediate the process, especially if it means keeping it out of a state agency review. To help you mediate, there are some volunteer groups to help you. Local law schools have clinics, for example. If you live near Gainesville or Tampa, check out the local law school clinics. The only caution there is to be sure you are talking about free and non-binding mediation, and not binding arbitration.
You have several issues, ranging from contract and employment and maybe even what’s called a “tort,” and there are several very, very different ways to try and have your rights investigated and protected. We’re going to talk about them in two basic ways: first, possible lawsuits, then possible complaints to Florida state agencies. In general, most people find that threatening to bring a complaint to a state agency is better…but first, we’ll look at possible lawsuits, because this is also how a state agency will consider your thinking: there may be smoke, but is there fire? In other words, what specific rights are being violated?
Your real caution is not to start a “civil war” with the landlord. Figure out what you want to settle this whole thing…say, two weeks wages, and a promise to give you a decent, written reference, for example.
First, possible lawsuits…
The good news is the possibility you can get a complaint to qualify for a Florida small courts claim. It’s likely your claim for damages will be well under $5,000. Here’s some information about how to prepare a Florida small claim: http://www.jud10.org/CountyCourt/SmallClaims/claims.htm
One factor is what exactly you believe you are entitled to. Are you trying to get your job back? That’s not necessarily very likely, since Florida often sides with the employer over the employee, unless there is a specific contract agreement. If you had an employee’s handbook, look carefully through it and see what kind of employment agreements might have been in it while you were working there. You can tell the employer you believe you are due wages and see if he is willing to compromise. Otherwise, make a wage complaint (which seems weak) through http://www.ehow.com/how_7439105_file-florida-non-payment-wages.html .
You mention possible damage to your reputation, too. These are slander suits, and can be very difficult to prosecute. One reason is that it’s hard to pin down the actual cost of a reputation. On the other hand, if you have a disability and this can be shown to have cost you a job, you might have a civil rights complaint or a claim under the Americans with Dsiabiite4s Act (ADA). http://www.disabilityrightsflorida.org/contact/contact_info
It’s not likely that you have an age dispute, since you are younger than he is. Most age discrimination suits, though, involve discrimination against older workers.
Second, complaints to Florida state agencies…
Many people prefer administrative complaints for two good reasons. They are cheaper than a lawsuit and they require lower levels of proof.
The interesting thing is also the possibility that there may be some irregular actions by the association. While not letting this be the focus of what was done to you, it may have an important bearing on your proving how badly they manage their personnel. If you want to really burn the bridges, you might complain to the sate condo oversight agency: http://www.oppaga.state.fl.us/reports/pdf/9762rpt.pdf .
Only you can really answer the net question: is there some reason for him to be prejudiced or discriminate against you? Keep in mind that under Florida law, there does not have to be a real reason…if for example, he is repeating some belief in your minority status, then you have a right to complain about any number of his actions. This could even cover his attempt to have you evicted. In act, of all your complaints, the housing issues raise the most important areas where your human rights are likely the strongest. For human rights issues, including housing, visit http://fchr.state.fl.us/ .
Keep a journal of any negative comments, and be sure to list possible witnesses. Keep in mind, though, that most people may act sympathetically but rarely want to feel “dragged” into a dispute where they have to take sides against a landlord.
One of the things to consider is whether there is a way to settle this whole thing with a meeting. Trying to keep it from getting out of control is a good idea. Some employers are very happy to mediate the process, especially if it means keeping it out of a state agency review. To help you mediate, there are some volunteer groups to help you. Local law schools have clinics, for example. If you live near Gainesville or Tampa, check out the local law school clinics. The only caution there is to be sure you are talking about free and non-binding mediation, and not binding arbitration.