Legal Question in Employment Law in Florida

employment practices violations

I am employed by a financial services subsidiary of one of the largest banks in the united states. we sell insurance and from time to time, customers owe premium

on the products sold. if the customer does not pay, then I am forced to pay the bad debt. i do not own my customer base and have a very strict non compete agreement

which i have been forced to sign-it is obviously in favor of my employer.we have offices throughout the united states.the subsidiary alone has 5000 employees-the bank more.-only one position is forced into this circumstance, that of sales representative. Questions|:

How legal is this?

Are state and federal banking, rico statutes, and insurance laws in violation?

What are the employment practices implications? and equity implications?

how legal is this?

any violations of banking,insurance,rico laws-both state and federal/

what are the employment practices implications?


Asked on 4/29/01, 1:27 pm

1 Answer from Attorneys
Frank Shooster Shooster Kahn & Kleinman, P.A.

Re: employment practices violations

You need to consult a lawyer. The enforceability of non-compte agreements is tricky, and depends on numerous factors. The deduction of unpaid premiums depends on whether you are commissioned, but if the deduction causes youre earnings to fall below minimum wage, that proably violates the fair Labor Standards Act. The other questions you mentioned are too complicated to discuss here.

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Answered on 6/20/01, 2:56 pm


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