“Here Comes the Judge”
Music and lyrics by The Vapors – circa 1979
So you’re sitting in your office celebrating your brilliant strategy resulting in a greatly improved bottom line. You decided to save big money by not certifying or training your sales personnel and are smug that all is right with the world. The telephone rings and your attorney says you are being sued. That contract you hung your hat on last year had some oversights in it and the resulting fire and loss could mean big trouble in the courtroom.
But you are not worried because you just know your attorney and the insurance company will cover whatever voids you left in the contract. Besides your brilliant brother-in-law, the sales manager, has everything under control. Time passes and depositions are taken and the big day arrives. You step into the court confident the judge, jury and the opposing attorneys will wilt before your testimonial genius.
The litigant’s attorney steps forward and the first question out of his mouth is “Have you taken all appropriate legal steps to comply with Florida’s licensing laws including W-2 employees, employee certification, training, fingerprint and background checks and drug free certifications?”
You reply confidently in the affirmative. His second question is “Have you certified all required employees and personnel including installation, service, monitors, managers and sales personnel?” You hesitate and then ask yourself a question – ‘Why would he include my sales personnel…they are exempt!’
Who told you they were exempt? Why, the head of the sales department, the ever so brilliant sales manager!
You are now officially in the ‘Twilight Zone of Litigious Panic’ known as “The Weeds”.
Allow me to introduce you to the revised 2014 version of exemptions contained in 489.503 Florida Statutes and then insert some commentary on those revisions. Please read the following link carefully and note the yellow highlights and the red commentary following: