Frequently Asked Questions

Please review the most frequently asked questions below.





QUESTIONS REGARDING FEES:
  • Q: Do you charge a consultation fee?
  • A: Yes, on some types of cases. I do not charge a consultation fee for workers' compensation or personal injury cases. For all other cases, I charge aN $80.00 consultation fee, which is due at the time of your appointment.

  • Q: What do you charge for an uncontested divorce?
  • A: If a divorce is truely uncontested, meaning that the other party does not want to fight for anything and you both can reach an agreement as to an equitable distribution of assets and liabilites, child support, and shared parental responsibility, then my fee is $1500.00 plus the filing fee. If the other party will not accept service, you may expect to be charged a process service fee.

  • Q: Do you have flat rate billing?
  • A: Flat rate billing is when an attorney can estimate the numbers of hours it may take him or her to finalize your case. If I can estimate the amount of time it will take to finalize a case, I will contract on a flat rate basis. Usually, in this contract, I include a paragraph to address the fees should the case not be resolved within the estimated number of hours.

  • Q: What is your fee for reprentation during an unemployment telephone hearing (Appeal)?
  • A: My fee will start at a flat rate of $400.00. This fee is charged depending on the circumstances surrounding your claim. If the case requires additional research, the fee may be higher.

  • Q: Does the fee for an unemployment hearing have to be paid in advance.
  • A: Yes. I receive payment before any work is performed, regardless of the outcome of the case.

    • QUESTIONS ABOUT WRONGFUL TERMINATION, DISCRIMINATION AND SEXUAL HARASSMENT
  • Q: Can you file a charge of discrimination on my behalf?
  • A: Yes. If you are not comfortable contacting one of the three (3) administrative agencies, I can prepare the charge of discrimination on your behalf.

  • Q: What is the fee for preparing the charge of discrimination?
  • A: If I am only preparing the Charge of Discrimination for you and you will be forwarding the Charge to the EEOC on your own, then the fee for this service is $150.00.

  • Q: If I want to hire you will you take a fee only if I win?
  • A: This type of representation is most often referred to as a contingency fee contract. Basically, in a contingency fee agreement a lawyer will agree to pay all of the costs of the litigation and only be paid and reimbursed for costs, if and when, the client wins. Unfortunately, it is very rare that I take employment cases on a "pure contingency fee" basis. I am happy to discuss my fees with you during our initial consultation. There is aN $80.00 fee for the consultation.

  • Q: My employer terminated me from my job without giving me a reason. Does the employer have to give a reason?
  • A: Your employer does not have to give a reason for your termination. For more information, please see the link for Wrongful Termination.


    • QUESTIONS ABOUT AUTO ACCIDENT CLAIMS
  • Q: I was recently in a car accident, how do I get my bills paid?
  • A: You should first contact your car insurance carrier. In Florida, drivers are required to carry Personal Injury Protection (PIP) insurance which pays a percentage of your lost wages and medical bills in the event you are injured in a car accident.
  • Q: If my medical bills and lost wages are higher than my PIP insurance, can I sue the other driver?
  • A: In Florida, you must have a permanent injury to sue the negligent driver. If your doctor says you have a permanent impairment, you may sue the other driver.
  • Q: I was told that the other driver did not have insurance, what can I do?
  • A: If you have under insured or uninsured motorist (UM) coverage and your damages are not covered by your PIP insurance, and you suffered a permanent impairment, you may be able to recover from your UM insurance.

    • QUESTIONS ABOUT WORKERS' COMPENSATION
  • Q: I was hurt on my job and my employer refused to file an accident report or to send me to the doctor, is there someone I can call?
  • A: If the employer posted a notice to employees about workers' compensation in a break-room or other commonly used area, you can obtain the name and telephone number of the insurance company. You can contact the insurance company to report the claim. You can also contact the State of Florida, Division of Workers' Compensation's Employee Assistance and Ombudsman Office at 1-800-342-1741.

  • Q: Am I entitled to pain and suffering if I file a workers' compensation claim?
  • A: No. The statute is a no fault statute. Under the statute, there are only certain benefits available to an injured worker. No workers' compensation judge can order money for pain and suffering be paid to you.

  • Q: What benefits am I entitled to?
  • A: Under workers' compensation, you are entitled to 104 weeks of Temporary Total Disability Benefits (TPD). Temporary Total Disability Benefits are paid only if a doctor places you out of work for more than seven (7) days. The amount of money you receive will depend upon what your average weekly wage (AWW) was for the thirteen (13) weeks leading up to the day you were injured. This amount is then compared to a Max Comp Rate, which tells you what you will be receiving each pay period. Usually the amount is 66 2/3% of your average weekly wage, unless you make more than the Max Comp Rate, then you will receive 66 2/3% of the Max Comp Rate. If the doctor does not take you out of work entirely but, places you on modified or light duty and you are unable to make at least 80% of your regular wages, you are entitled to Temporary Partial Disability Benefits (TPD). These benefits are calculated the same way as temporary total disability benefits.

  • You are also entitled to medical treatment under workers' compensation. Medical treatment is designed to get you back to work. You are assigned an authorized treating physician who will guide your care under the workers' compensation system. If your physician says you need a special procedure, such as an MRI or Surgery, he will write you a prescription. You should immediately provide this prescription to your claims adjuster so that the requested procedure can be approved. Your adjuster may deny the proceedure. If your workers' compensation insurnace company begins to deny you treatment, it is time for you to hire an attorney. DO NOT WAIT. There is a statute of limitations on workers' compensation claims.

  • Q: What happens when the doctor tells me that I no longer need treatment?
  • A: This is called being placed at Maximum Medical Improvement (MMI). A couple of different options are available to you. If you do not believe the authorized doctor and you have not ever changed your doctor, you may request a "one-time change" of your authorized treating physician. If you agree with your authorized treating physician's opinion, then you do not have to do anything. Your authorized treating physician will assign you a permanent impairment rating. The calculations depend on your injury and the "1999 Florida Impairment Rating Schedule." Once you are placed at MMI, your TTD/TPD benefits will stop. You are now entitled to Impairment Benefits (IB). These benefits are calculated by taking your permanent impairment rating and multiplying it by two (2) to determine how many weeks of benefits you are entitled to receive. If your rating is higher than 10%, then there are different calculations. A monetary calculation is then made based upon your average weekly wage. This money is then paid to you. You are allowed to obtain follow-up care with the authorized treating physician upon authorization from the insurance company, but will be required to make a co-payment.

  • Q: Is it required that workers' compensation settle my case?
  • A: No. In workers' compensation no one is required to settle a case. You are not required to accept a settlement and the employer/carrier is not required to make a settlement offer. Furthermore, a judge cannot order a case to be settled. Settlement usually arises when the employee (you) want to remove yourself from the workers' compensation system and the employer/carrier is willing to settle because it then able to close its' file. If your case does not settle and no benefits are currently due you, then you MUST go back to an authorized workers' compensation doctor at least one time each year for your case to remain open.

  • Q: If I accept a settlement, will I have to quit my job?
  • A: Often times, if you agree to settle your workers' compensation claims, you are required to sign a release of all claims and a resignation agreement. You will be asked never to re-apply for employment with the company.


QUESTIONS AND INFORMATION ABOUT WAGES AND OVERTIME
    Current Minimum Wage in FloridaRecently, Judge Terry Lewis ruled that the State of Florida violated the State's Constitution for failing to raise the minimum wage rate on January 1, 2011. As of June 1, 2011 minimum wage in Florida will be raised to $7.31 per hr. Remember, if you are working more than 40 hrs per week you are entitled to overtime. If you are not being paid overtime, contact my office for a free consultation when you mention this post.
    Federal Minimum Wage As of July 24, 2009, the federal minimum wage is $7.25 per hour.

    What is the minimum wage for workers who receive tips?An employer may pay a tipped employee not less than $2.13 an hour in direct wages if that amount plus the tips received equal at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference. Some states have minimum wage laws specific to tipped employees. When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions of each law which provide the greater benefits.

    Must young workers be paid the minimum wage?A minimum wage of $4.25 per hour applies to young workers under the age of 20 during their first 90 consecutive calendar days of employment with an employer, as long as their work does not displace other workers. After 90 consecutive days of employment or the employee reaches 20 years of age, whichever comes first, the employee must receive a minimum wage of $7.25 per hour effective July 24, 2009. Other programs that allow for payment of less than the full federal minimum wage apply to workers with disabilities, full-time students, and student-learners employed pursuant to sub-minimum wage certificates. These programs are not limited to the employment of young workers.

    What minimum wage exceptions apply to full-time students? The Full-time Student Program is for full-time students employed in retail or service stores, agriculture, or colleges and universities. The employer that hires students can obtain a certificate from the Department of Labor which allows the student to be paid not less than 85% of the minimum wage. The certificate also limits the hours that the student may work to 8 hours in a day and no more than 20 hours a week when school is in session and 40 hours when school is out, and requires the employer to follow all child labor laws. Once students graduate or leave school for good, they must be paid $7.25 per hour effective July 24, 2009. There are some limitations on the use of the full-time student program.

    What minimum wage exceptions apply to student learners? This program is for high school students at least 16 years old who are enrolled in vocational education (shop courses). The employer that hires the student can obtain a certificate from the Department of Labor which allows the student to be paid not less than 75% of the minimum wage, for as long as the student is enrolled in the vocational education program. Employers interested in applying for a student learner certificate should contact the Department of Labor's Wage and Hour National Certification Team at 230 South Dearborn Street, Room 514, Chicago, Illinois 60604, telephone: 312-596-7195. Other programs that allow for payment of less than the full federal minimum wage apply to disabled workers and full-time students employed pursuant to sub-minimum wage certificates.

    How often does the federal minimum wage increase? The minimum wage does not increase automatically. Congress must pass a bill which the President signs into law in order for the minimum wage to go up.

    To whom does the minimum wage apply? The minimum wage law (the FLSA) applies to employees of enterprises that have annual gross volume of sales or business done of at least $500,000. It also applies to employees of smaller firms if the employees are engaged in interstate commerce or in the production of goods for commerce, such as employees who work in transportation or communications or who regularly use the mails or telephones for interstate communications. Other persons, such as guards, janitors, and maintenance employees who perform duties which are closely related and directly essential to such interstate activities are also covered by the FLSA. It also applies to employees of federal, state or local government agencies, hospitals and schools, and it generally applies to domestic workers. The FLSA contains a number of exemptions from the minimum wage that may apply to some workers. The Wage and Hour Division has a Handy Reference Guide to the Fair Labor Standards Act that explains how the law applies.