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My daughter was hire to work for a lock, he started her in…

Hi, my daughter was...

Hi, my daughter was hire to work for a lock smith, he started her in training and giving her 20% on jobs that he would take her and work. she became a fast learner. He told her that now she would get 40 % on jobs that she would take. she drove her own car. He collected travel time on jobs but only gave her half. Since he didnt want to make her an employee he advised her that she would be consider self employed. And to go around the employment laws told her that he will charge her 10% rental fee for his tools. Rules, text him what hrs she was available. but she would only get the small jobs. when she requested bigger jobs she was told if she wanted to work for him she had to give him 100 %, meaning she could not work anywhere else, so she quit her part time ( witch she worked for me and broke my heart. but ok) then she would be called after the available hrs she was afraid to say no because she needed the money and didnt want to say no to him. BUT the biggest kicker, when she first went to meet him she took her father of her child ; for safety, and he told them " this is great you 2 can be a team as my me and my wife so he made them sign a non compete agreement. so they thought that maybe he would get a job later as well. his wife was ill ion the hospital at the beginning so he would take my daughter in training every day, his idea was that with his wife ill he needed more time and she would be an asset. When his wife became better my daughters jobs became less. Then he said he needed her because he was going to take a weekend off, in the mean while my daughter had no additional income scared to go food shopping or do her laundry in fear that he would call her then. she finally got terminated the day after he came back from vacation what can she do with the non compete paper we live in the florida keys.

Lawyer's Assistant: Was this workplace safety issue discussed with a manager or HR? Or with a lawyer?

'he advice her to get a GUN... She does have a concealed permit

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Well that is the other question. no union . what is at will?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Dont know, not for now

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Answered in 6 minutes by:
4/11/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,897
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question about this for us?

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Customer reply replied 4 months ago

Hi, my daughter was hire to work for a...
hi, my daughter was hire to work for a lock smith, he started her in training and giving her 20% on jobs that he would take her and work. she became a fast learner. He told her that now she would get 40 % on jobs that she would take. she drove her own car. He collected travel time on jobs but onlygave her half. Since he didnt want to make her an employee he advised her that she would be consider self employed. And to go around the employment laws told her that he will charge her 10% rental fee for his tools. Rules, text him what hrs she was available. but she would only get the small jobs. when she requested bigger jobs she was told if she wanted to work for him she had to give him 100 %, meaning she could not work anywhere else, so she quit her part time ( witch she worked for me and broke my heart. but ok) then she would be called after the available hrs she was afraid to say no because she needed the money and didnt want to say no to him. BUT the biggest kicker, when she first went to meet him she took her father of her child ; for safety, and he told them " this is great you 2 can be a team as my me and my wife so he made them sign a non compete agreement. so they thought that maybe he would get a job later as well. his wife was ill ion the hospital at the beginning so he would take my daughter in training every day, his idea was that with his wife ill he needed more time and she would be an asset. When his wife became better my daughters jobs became less. Then he said he needed her because he was going to take a weekend off, in the mean while my daughter had no additional income scared to go food shopping or do her laundry in fear that he would call her then. she finally got terminated the day after he came back from vacation what can she do with the non compete paper we live in the florida keys.

Lawyer's Assistant: Was this workplace safety issue discussed with a manager or HR? Or with a lawyer?

'he advice her to get a GUN... She does have a concealed permit

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Well that is the other question. no union . what is at will?

I asked you what your question was, but you are just copying the same thing over again that I already read when I asked you what your specific question about this for us?

Is it only the question about the non-compete being valid and enforceable?

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Customer reply replied 4 months ago
does he have the right to charge a rental fee so he can bypass the labor laws and keep 50% of the traveling time since she was using her own vehicle.
Customer reply replied 4 months ago
i was confused since your assistant asked if she salary or hr.? I had said percentage pay in the first comment that is why a copy my original statement

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the laws, if the employer is directing her jobs and when she works and her times and provides her tools, she is an employee. If he has her misclassified as an independent contractor, then she needs to file a complaint with the FL Department of Labor Wage and Hour Division regarding misclassification. That is the first step. This is separate from the non-compete agreement. Even though he pays her percentage pay, that does not make her an independent contractor, which it seems like he is trying to do. So she has to make the wage claim and if they find she was an employee and not a contractor, then she needs to file for unemployment since he legally can terminate her for no reason, but if he does she is entitled to unemployment.

The FL law provides that non-compete agreements are enforceable if they are reasonable in the duration, not more than 2 years, and limited in geographic area and limited in the restrictions, the court will enforce that agreement against her. So if she signed it she is liable to honor it unless she can prove it is so overly restrictive that it is invalid based on being unreasonable.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Im not sure of the duration but it said 150 mile radius. Living in key west, 150 miles would be miami and commute would be 3hrs
, , and thank you for your time.
did he have any rights to ask her fathers son to sign the no compete paper as well, since he never worked for him but was missled into thinking that if he wanted to work along with my daughter in the future that it would be a great thing .
so on my 2 last questions i will let you rest.

Thank you for your reply.

If he does work in Miami, then that restriction would be reasonable. If he does not do work in Miami, then it would be unreasonable.

If he never worked for him and only your daughter did, then there was no "consideration" for him signing and you could get that agreement on the father's son vacated and found invalid on that basis.

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Customer reply replied 4 months ago
im not sure that I explained myself correctly..... we live in key west forida. 150 miles to do a service call is ridiculous impossible!. She needs to get back to work and she really found her thing, This paper is dictating that if she wants to continue her education in this job she will have to relocate to an other city, to do a lock out job in key west is a lot more safer then miami.
so is she out of luck , and i think it said for ever non compete. sorry
Customer reply replied 4 months ago
just reread what you wrote, classification of labor. he charged her 10% for her to use his tools but her own car. is that the loop that is going to help his case as a self employed person vs employee

Thank you for your reply.

He thinks it is, but it most likely will not be deemed sufficient by the Department of Labor and she will be a at will employee if he was directing her performance.

It cannot be a forever non-compete and if it prevents her from working that far away it is not likely going to be enforceable.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,897
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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Customer reply replied 4 months ago
thank you

Thank you.

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