Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

An individual who was working as a W2 employee as a FL

employee, but was living in...
An individual who was working as a W2 employee as a FL employee, but was living in Panama (the country) recently got into an argument with an individual who was working on behalf of a staffing agency for the company as a W2.The conversation was heated, he started by making statements against her religion and she got upset and told him he wasn't fit for the job or something along these lines.He got upset and went to an employment lawyer and apparently is threatening to sue the company for religious discrimination.He cites:
1) The last 3-5 lines of the chat where the other person said "he wasn't fit for the job" but this was after he stated earlier to get her upset that her religion kills people
2) The fact that the company did restrict his access (but this was after we saw him forwarding emails from his company email to his personal one and the tech recommended it). Nor was he working and he was threatening to hire an attorney for a religious harassment lawsuit.
3) That he didn't like my answers to his threats.We have an employment contract at will for FL but he typed his name in in red instead of signing.Do we need an employee manual in FL and what potential monetary risks are we facing from his potential lawsuit and anything we can do to defend?Thanks.
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
8/19/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,531
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. It stinks that this situation has come up. before I answer your question, would you be able to help me understand your concern with needing an employee manual in Florida?

Ask Your Own Legal Question
Customer reply replied 4 months ago
He sent a final email stating "send me a copy of the employee manual" and only communicate with his attorney (who he hired out of Ohio).

I see. One moment...

Ask Your Own Legal Question

So, this is kind of a tough situation. As you know, it is illegal to discriminate against people on the basis of their religion. However, it is important to understand that the other side is the one that has to prove that any statements that were made somehow led to his discrimination. People could say what they want about another person's religion, but so long as it does not lead to a discriminatory environment, or discriminatory actions than the lawsuit is going to fail. How much this person could potentially sue for really depends on how greedy they are now what they want about another person's religion, but so long as it does not lead to a discriminatory environment, or discriminatory actions than the lawsuit is going to fail. How much this person could potentially sue for really depends on how greedy they are now greeted their lawyer is.greed their lawyer is. It really is nearly impossible to say how much they could want. However, I would just make sure that you are focusing in on how to settle this matter rather than fighting this matter because fighting it is going to get much more expensive than you could ever imagine.

Now As far as the employee manual, you may not need to provide the employee manual unless they are requesting it through Discovery. For example, if a party files a lawsuit, after the lawsuit is filed they can request discovery of certain documents. This means things like your employee manual. If it's not during the discovery process you are not required to turn it over. However, if it is after the lawsuit has been filed, then you would have to turn over that employee manual. If you don't have an employee manual to turn over, then you don't have to create one out of thin air, you can just say in your response to the Discovery request that it does not exist so you cannot turn it over.

What are the questions did you have for me?

Ask Your Own Legal Question
Customer reply replied 4 months ago
What are we talking about in fees if we fight this?And how would you approach the person to settle?
Customer reply replied 4 months ago
Or would you recommend just not responding for now. He insisted on wanting to work and help people. Then he came back and said he felt he would be discriminated against so he would hire an attorney instead.
Customer reply replied 4 months ago
Does his employee contract which states arbitration (that he digitally typed his name in) hold any weight, or is it invalid because he didn't sign?Thanks.

Those are two very good questions. Let me answer the first question. My regular hourly fee for example is $300 per hour. If a lawsuit is going to be filed, I would expect normally to spend maybe 1 to 3 hours developing an answer to the response. I would also expect to spend at least another 2 to 3 hours responding to any discovery request. So, all told, I would probably charge about $1,500 up front to do what I need to do. If it goes to trial, it would probably be much, much more expensive than that.

As far as how to approach the person to settle, I would find out how much money they want and if they would want something non-monetary like an apology and training on cultural sensitivity. Simple things like that may remind him that the organization is not one that tolerates discrimination.

If his contract says But he agreed to arbitration, then yes that will hold way it so if he files a lawsuit you could submit the motion to dismiss an attached the contract and highlight the portion where it says that he agreed to arbitration. Did you have any other questions for me?

Ask Your Own Legal Question
Customer reply replied 4 months ago
Thank you. Is his contract valid at all with regards ***** ***** if he typed his name in red in it?Do they have to sue in FL as that was the official workplace even though he was out of state?And if the answer refutes everything he writes, can that end the case at that point?Would I ever have to appear in court?Thanks!

The color of his signature is not relevant. He could put a big, fat "X" as his name and so long as it is his signature, it is binding. They would have to sue in FL as well since that is technically where the defendant and the cause of action was, but I would expect that his attorney may try to have it moved out to somewhere more favorable.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,531
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thank you. Appreciate your help. Rating excellent :)

You are too kind!

Ask Your Own Legal Question
Customer reply replied 4 months ago
Just saw the two pending questions (if you have a min) :) Thanks !"And if the answer refutes everything he writes, can that end the case at that point?Would I ever have to appear in court?
"
If the answer refutes everything, the case won't be dismissed. It's normal to deny everything in an answer. The only way that the case would resolve is if you win, they win, or if you settle out of court. 95% of cases never go to trial so there is a low probability that you would ever end up in court.
Ask Your Own Legal Question
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,531
6,531 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,245 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Can you tell me how to respond to a motion to dismiss I am
please can you tell me how to respond to a motion to dismiss I am the plaintiff … read more
Ray
Ray
Lawyer
Doctoral Degree
30,523 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
I'm curious how arbitration works. I signed a contract with
hello! I'm curious how arbitration works. I signed a contract with a company almost a month ago, and they are definitely not delivering what they promised. They have an arbitration clause...wondering … read more
LegalGems
LegalGems
Juris Doctorate
10,420 satisfied customers
In a federal court contract dispute can a pro se plaintiff
In a federal court contract dispute can a pro se plaintiff who prevails apply for reimbursement of his out of pocket attorneys fees in those cases where an attorney assisted him?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
1) I have to answer a motion to dismiss where I am the
Second opinion] Hello 1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what… read more
socrateaser
socrateaser
1,031 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Lawyer
6,531 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,223 satisfied customers
What legal arguments do i use in my motion to dismiss this
what legal arguments do i use in my motion to dismiss this arbitrator due to falsification of consent order attached this is the fourt version. the other two lawyers who signed also signed on differen… read more
Ray
Ray
Lawyer
Doctoral Degree
30,523 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,947 satisfied customers
Is this legal to write in an employment contract? The
Is this legal to write in an employment contract? The Employee shall work Monday to Friday, from 9am to 1pm CST and shall be compensated for time that is clocked in, until additional clients are assig… read more
Legal Eagle
Legal Eagle
Lawyer
6,531 satisfied customers
I have an arbitration clause in a contract with a California
I have an arbitration clause in a contract with a California Corp. Paraphrased, it is shown below.I understand that the ABC Arbitrator group would be used and would need to be engaged. But would the f… read more
Legal Eagle
Legal Eagle
Lawyer
6,531 satisfied customers
Would an offer of employment contract outweigh the formation
Would an offer of employment contract outweigh the formation of an ad hoc committee designed to replace current administration? The board runs under the California Brown Act. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,687 satisfied customers
Real Estate contracts "the arbitration clause" if you sign,
Real Estate contracts "the arbitration clause" if you sign, if you filled out a disclosure and included everything you could think of and later on the buyer submits a case to the arbitrator for someth… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
947 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
Doctoral Degree
30,523 satisfied customers
I have an employment contract in. There was no specified
I have an employment contract in Virginia. There was no specified length for the contract. I am wondering how long it is valid for. I signed it in April 2016 for a job starting in July 2016, and have … read more
Legal Eagle
Legal Eagle
Lawyer
6,531 satisfied customers
If the federal court grants a party's motion to dismiss with
If the federal court grants a party's motion to dismiss with leave to amend, and the amended pleading contains the same or new deficiencies, can the party file a second motion to dismiss?… read more
Andrew
Andrew
Attorney
Juris Doctorate
189 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x