Annette Newman Esq.
Law Office of Annette Newman, LLC
About Annette Newman Esq.The Law Office of Annette Newman,LLC is a professional full-service law firm dedicated to providing quality legal services at an affordable price throughout the State of Florida.
My practice is primarily focused on employment law and civil rights law; including discrimination claims based on race, color, national origin, sex, age, pregnancy, religion and/or disability; sexual harassment claims, unpaid wages and/or overtime, whistle blower claims, unemployment hearings and appeals, housing discrimination and public accomodation discrimination. I also handle matters dealing with non-compete agreements, severance agreements and non-solicitation agreements.
I handle both employer defense and employee (plaintiff's) claims. I also provide training and/or legal advice for employers and small businesses at competitive rates (management and sexual-harassment training, draft company policies, employee handbooks, non-compete/non-solicitation agreements, independent contractor agreements, severance package agreements, unemployment hearings; EEOC position statements, etc.).
I also handle other types of civil law claims, including family law (divorces, legal separations, pre-nuptual and post-nuptual agreements; child support enforcement); small claims; debtor/creditor disputes; collections; contract disputes; landlord/tenant disputes and personal injury claims.
- Employment Law
- Civil Rights
- Personal Injury
- Arbitration & Mediation
Additional Practice Areas
- General Civil
- Small Claims
Jurisdictions Admitted to Practice
|Managing Attorney, Law Office of Annette Newman, LLC|
|Provide full-range of legal services and advice to clients; Litigation experience includes appearances as local counsel for law firms throughout South Florida for various pre-trial appearances, including pre-trial conferences, case management conferences, status hearings, motion hearings, mediations, and depositions; Develop and present employment law training programs for small businesses; Develop performance appraisals and company policies for employers and small businesses; Develop employee handbooks; Advise and counsel employers and small business owners regarding federal, state and local employment law regulations; Develop non-compete, non-solicitation and severance agreements for employers and small businesses; Prepare EEOC position statements for employers and small business owners in response to EEOC charges; Experience with debt/debtor collections; divorces, pre-nuptual agreements, plaintiff's claims; employer defense claims; breach of contract actions; foreclosure proceedings; Licensed to practice in Florida state and federal courts.|
|Federal Equal Employment Opportunity Investigator, U.S. Postal Service|
|Certified Federal Equal Employment Opportunity (EEO) Investigator; investigated federal employment law discrimination claims for the U.S. Postal Service, as an Independent Contractor; Prepared affidavits and gathered evidence related to formal Equal Employment Opportunity (EEOC) claims; Interviewed witnesses and obtained testimony; Prepared reports of investigation; Maintained a Confidential security clearance.|
|Human Resources Generalist, 7-Eleven, Incorporated|
|Managed employee relations for over 3000 employees throughout the State of Florida; prepared position statements in response to federal, state and local employment law claims; Prepared and presented training presentations and training manuals related to employment law regulations; Managed the workers compensation and unemployment compensation claims process; Collaborated with corporate and private counsel to prepare for potential litigation; Attended mediations and depositions as company representative; Monitored changes in the law to ensure policies comply with all federal, state and local regulations; Developed and implemented new policies; Researched and evaluated management practices, training and development programs, and leadership principles, using metrics to measure performance; Advised store management team regarding hourly employee training and development needs; Managed the human resources planning process, including assisting management team with individual development plans, performance improvement plans and performance appraisals; Provided coaching to management team to ensure effective employee relations, reduce turnover, and minimize potential litigation.|
|Field Consultant/District Manager, 7-Eleven, Incorporated|
|Provided necessary supervision for all aspects of operations for eight to twelve retail convenience stores and over 100 employees; Took all necessary action for opening new stores, including recruiting, hiring, training and developing store associates and store managers; Developed a team of store managers who achieved established financial plans, sales goals and customer service objectives; Evaluated Store Manager performance, conducted performance appraisals, developed performance improvement plans, and provided feedback and development opportunities to increase retention of Store Managers and sales associates; Reviewed financial reports and managed expenses, to ensure budgeted sales and profits goals were met.|
|Non-Commissioned Officer Sergeant (E-5) , U.S. Army|
|Served eight years active-duty in the U.S. Army and one year as a U.S. Army Reservist; promoted to E5/Sergeant; Honorably Discharged; Served as Unit Equal Employment Opportunity Representative; Managed a team of 4 to 12 information management specialists; Provided guidance to ensure all publications and forms met prescribed style, format, and legal and military standard operating procedure requirements; Managed all aspects of information management division, including training, software, hardware, telecommunications, communications systems and equipment, mail and publications.|
|Courtroom Deputy/Administrative Assistant, U.S. Bankruptcy Court|
|Administrative Assistant to Clerk of U.S. Bankruptcy Court and Courtroom Deputy to U.S. Bankruptcy Court Judges; Managed the judges' and Clerk of Court calendars and scheduled hearings, trials and conferences; Assisted with the orderly flow of proceedings, by setting up the courtroom; interfacing with and ensuring the presence of all necessary participants; administering oaths; managing exhibits; operating courtroom technology; and facilitating jury selection; Took notes of proceedings, prepared formal written documentation of the outcome of those proceedings, and electronically docketed the same.|
|Administrative Deputy Clerk, U.S. Marshal's Service|
|Performed administrative tasks, including processing legal pleadings; Performed accounting and bookkeeping duties, including accounts payable and receivables; Assisted in the Witness Security and Warrants Divisions as needed.|
|Stetson University College of Law - Stetson University||J.D. (2009)||Law|
|Wayland Baptist University||MBA (2001)||Human Resource Mgmt.|
|Member||National Black MBA Association||2011-Current|
|Member||Florida Bar Association||2010-Current|
|Details: Employment/Labor Law Section|
|Member||American Bar Association||2009-Current|
|Details: Employment/Labor Law Section|
|Member||Society for Human Resource Management (SHRM)||2008-Current|
|William F. Blews Pro Bono Award, Stetson University College of Law|
|In honor of William F. Blews, '66, Stetson College of Law has established this award to recognize those students who, at a minimum, perform twice the number of Pro Bono service hours required for graduation.|
|Recognition, Who's Who in American Colleges & Universities|
|Recognized for academic merit.|
|Recognition, National Deans List|
|Recognized for academic merit.|
|Army Commendation medal, U.S. Army|
|2nd Oak Leaf Cluster|
|Army Achievement Medal, U.S. Army|
|2nd Oakleaf Cluster|
|Member, National Association of Professional Women (NAPW)|
|Member, National Black MBA Association|
|Member, American Bar Association|
|Member, Florida Bar|
- Overall: 226th
- Overall: 6 Answers
Q. Can an employer take money out of your pay?
A: Florida does not have any laws regarding what deductions may or may not be taken from an employees paycheck or whether an employee must provide written consent prior to any deduction. The lack of a law prohibiting deductions likely means an employer can withhold or deduct wages from an employees pay check for: •cash shortages •breakage, damage, or loss of the employer’s property •dishonored or returned checks •required uniforms •required tools •other items necessary for employment (including written employer policies like you described). In accordance with federal law, an employer may not make deductions for any of the above-listed items if it would cause the employee to earn less than federal minimum wage for the period in which the deduction was made. Visit the Department of Labor (DOL) website for more information about what deductions employers can take from an employee's paycheck. I'm providing a link for your convenience here: http://www.dol.gov/whd/regs/compliance/whdfs16.htm#.UIFzImdXNxA You should speak to a local employment law attorney for specific legal advice after he/she has reviewed all the specific facts in your case.
Q. I was in a car accicent on a friday night. I refused to go to the hospital because i was worried i would miss work.
A: The state of Florida is an "at will" state, meaning either the employer or employee can terminate the employment relationship at any time, and for any reason, or no reason, with or without notice. However, there are exceptions to the "at will" principle, including contract employees (the terms in the contract determine the employee/employer rights); employees who are members of a union (the union collective bargaining agreement determine the rights of the employee/employer); anti-discrimination laws (the Americans with Disabilities Act (ADA) which requires employers to make reasonable accommodations for employees with a qualifying disability; and the Family Medical Leave Act (FMLA), which requires qualifying employers to provide up to 12 weeks per year of medical leave for qualifying employees with serious medical conditions. Each of these laws are fact specific, so it's advisable for you to seek legal counsel to determine what your rights are after reviewing all the facts. If your injury/medical condition is covered by either FMLA or the ADA, for example, you may be able to sue your employer for violations of one or both of these laws.
Q. Can I sue my job due to the fact of the writing me up. I a sick child. Ihave Er and dr's notes. But they still write me.
A: The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to: Twelve workweeks of leave in a 12-month period for: 1) the birth of a child and to care for the newborn child within one year of birth; 2) the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; 3) to care for the employee’s spouse, child, or parent who has a serious health condition; 4) a serious health condition that makes the employee unable to perform the essential functions of his or her job; FMLA also requires employers to provide intermittent leave for the same reasons shown above (not to exceed 12 weeks per year). If an employer fails to comply with FMLA by refusing to grant the leave, or by disciplining the employee for exercising their rights to FMLA, this is illegal and the employee can sue the employer for violating the FMLA. You should speak to an employment law attorney who can advise you after reviewing the specific facts in your case.
Q. Can your employer withhold your payed vacations until they want you to use it?
A: Yes, your employer has discretion regarding when you can use your vacation time, unless you are a member of a union and the union contract provides otherwise.
Q. I am currently on fmla leave and it is about to run out what are my rights if I can't return to work because of my illne
A: If your health condition is a qualifying disability as defined under the Americans with Disabilities Act (ADA) you can request your employer to provide you with additional leave as a reasonable accommodation. Visit the EEOC website at http://www.EEOC.gov for more information about the ADA and what qualifies as a disability under the ADA.
Q. If a company changes a work schedule when employee needs to be off for a religious Holiday, can that employee be fired?
A: It is a violation of Title VII to discriminate against an employee based on the employee's religion. To establish a prima facie case of religious discrimination under Title VII, a plaintiff must establish that he had a bona fide religious belief that conflicted with an employment requirement, that he informed the employer of his belief, and that he was discharged for failing to comply with the conflicting employment requirement. The burden of proof then shifts to the employer to show that it was unable to reasonably accommodate the employee's beliefs without undue hardship. A reasonable accommodation does not have the accommodation the employee requests, but must be a "reasonable accommodation." Examples include switching the employee's schedule to accommodate religious holidays, giving an employee time off to attend church services, etc.