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Questions Answered by Bruce Alexander Minnick
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: What is considered unlawful termination

In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 27, 2022

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees...
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2 Answers | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Criminal Law for Florida on
Q: What federal laws are broken when a court reporter refuses to hand in a transcript to a litigant?

Several court reporters are refusing to submit a electronic transcript to a litigant in an attempt to conceal a fraudulent court. The court reporters have made unlawful misinformation statements to the litigant and told them that they needed a lawyer for these transcripts, that they had to go to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 8, 2022

I will start by answering your closing question, "What federal law have (sic) been violated?" Answer: None.

FYI, most civil trial court reporters are not paid by the court or the government for their reporting services. The litigants hire them and must pay them.

If you...
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1 Answer | Asked in Business Formation for Florida on
Q: Want to add "co." to my business name, it is established as an LLC. Do I need to file a DBA?

I just filed an LLC in the state of Florida. The name is "Alternative Hair, LLC". I want to do all of my branding and marketing under the name "Alternative Hair Co." Or "Alt Hair Co.". It's my understanding that an LLC is a "Co." (company) and that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

No.

"Corporations" are companies and can use "Co." in their title. They can also use the words "Corporation," "Company," "Incorporated," and "Inc."

LLCs are not "corporations." They are limited liability companies and must use "LLC."

Try to get a d/b/a.

2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: I rent a house in florida. my neighbor has a big trailer that is parked on his land but trailer hovers over my land

The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

Yes, in a technical and legal sense, your neighbor is trespassing because his trailer is encroaching upon your property. It is the same as when a neighbor's tree hanging over your house falls on your house. The neighbor would be liable.

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3 Answers | Asked in Probate for Florida on
Q: Do children have rights to an estate if the parent has surviving spouse?

She passed 4 years ago and my stepfather won't speak to us or let us in the home. We have nothing of our mothers. The home was left to her by a man she took care of for 10 years or more. Her husband was on the house by law but she had me take her to a divorce attorney before we found out she... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

If the deed to the property is in both names, then your mother and stepfather owned it "by the entireties," which means neither could sell it without the other's permission.

So that means you need to take a copy of the deed to a Florida lawyer and ask them

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Rental house hit by Ian is habitable. Renters intend on deducting rent because fence cannot be replaced yet. Legal?

Our rental home was hit directly by hurricane Ian. The house is habitable, lights, water, roof, etc are all working. We are working with an insurance adjuster and insurance company to work the remaining repairs. The tenants are now saying they are going to deduct the cost of a temporary fence from... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

Your tenant is trying to take advantage of you only because they know it will be hard to replace them for a while.

Call their bluff: Tell your tenant they can withhold whatever amount of rent they want, but you will evict them immediately for doing so.

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1 Answer | Asked in Employment Law for Florida on
Q: Hi! I got terminated from my job here in Florida. The terminated me on the spot and never signed a termination letter.

They terminated me and gave me the reason “business is changing”. I never signed when I received my laptop and never signed anything when they fired me. Now they’re texting me saying that they want their laptop back.

I’m so sad that I got terminated without a valid reason and on... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 15, 2022

Unless the employer gave you (a very expensive) laptop to keep, you must return it.

You know perfectly well that you cannot keep a laptop that you do not own.

If your former employer wants to make more trouble for you, they will tell the police that you stole the MacBook Pro,...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord told me 57 days b4 less is up of $200 hike. 60 day notice is required to terminate. Can he do this?

My rental/lease agreement is from 11/27/21 to 11/30/22. Lease stipulates “Resident or Landlord may terminate lease with 60 days written notice.” My landlord called me yesterday, 57 days before my lease expires, to inform me he is raising my rent $200 a month. He then texted me the amount. Can... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

There is nothing illegal about this.

The landlord is NOT terminating your existing lease.

The landlord is telling you that if you want to RENEW the lease, it will be $200 more per month.

You have two choices:

(1) Stay there are pay the new rent or

(2)...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I live in Florida, a category 4 hurricane just hit. My apartment is not livable. Landlord doesn’t want to break my lease

I also had to pay rent for this month even if i have not been living in my apartment for the last 4 days. I want to know if I can break my lease without penalty. I was told by the landlord I had to pay rent and cannot break my lease before it’s date.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

Look at the written lease to see if it has a "Force Majure" clause in it. If it does, you are good to go.

If you do not have a lease, the landlord can sue you, but only for 30 days of rent.

1 Answer | Asked in Family Law for Florida on
Q: Can I throw out my exes things that he left when I kicked him out? He said he will come back for them and hasn’t.

I gave him 30 days to get out which are up on Friday. He moved over a week ago and left stuff at my house. Some is junk some is worth value. Can I throw it away without getting into legal trouble? For 3 days he said he would get it and hasn’t. Now he ignores me when I ask. His family won’t... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 27, 2022

Unless you want to continue this acrimonious relationship, I suggest you hold on to the stuff for at least 30 to 60 days and WRITE LETTERS to your ex and to his family just to have written proof that you did not steal anything.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 27, 2022

Under Florida law, the child's parents always have priority over any rights the grandparents may assert. However, just to make it clear to the grandparents you should retain a lawyer to protect your superior rights.

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2 Answers | Asked in Securities Law and Stockbroker Fraud for Florida on
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail

Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to transfer them to another firm.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 22, 2022

Yes, it is legal for a brokerage firm to decide that they no longer want your business.

No, it is not legal for the brokerage firm to liquidate your securities unless they have a good reason.

For any more help you will have to retain a lawyer. Search for one using Justia.

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My daughter is a server. The owner has opened 2 new restaurants. Can she be forced to work at a different restaurant?

The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 20, 2022

Yes, unless she has a written employment contract that dictates where she works, the employer can tell her to relocate. In Florida, employees work (serve, in this case) at the employer's pleasure.

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: in Florida can a leinholder come take your rv when its not up for repo. what can i do
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

Assuming that the lienholder has a valid financial grievance against you, like for not paying your obligations to them as you agreed, the answer is yes. Lienholders do not have to wait for someone else to initiate repossession proceedings to protect their liens.

2 Answers | Asked in Business Law for Florida on
Q: Does an LLC have to report a change in principle operating address within a certain amount of time from the change?

Also is it illegal to submit annual reports from an LLC showing false information as to the agents address?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 2, 2022

The Florida Department of State (DOS) has the power of regulation over all LLCs and all other corporate entities. Anyone can file a complaint about any organization not following Florida law. DOS can sanction the owners.

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4 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I am buying a house that has a leased solar system installed on the roof. The seller wants me to assume the lease.

The AS-IS CONTRACT to purchase the house, under the “Additional Terms” section, includes the statement “Buyer agrees to assume the terms of the solar panel lease.” After speaking with the solar company multiple times, I’ve gotten wildly different amounts from them (to either pay off the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 28, 2022

The best answer you received is the answer from Mr. Thoraagard.

Unless you assume the lease, the solar panel company will probably repossess the solar panels.

You have three two options: (1) Assume the lease as is, or, (2) buy the solar panels, or, (if the price is too high) try...
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1 Answer | Asked in Employment Law for Florida on
Q: Is the pay structure and employment status my company is using legal?

I work for a tile installation company. Several months ago my boss made me a “subcontractor”. He told me I needed no license or anything, I would be payed per job, and by the square foot when the jobs were completed. Since then he has flopped back and forth between hourly and by the job pay, I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 27, 2022

If everything you say is true about this horrible employer, you will help yourself greatly by looking for another better job...now.

Your fear of not being paid for some of the work you have already done is one of the ways this employer keeps you stuck where you are.

Warning: Your...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, how can the next of Kin obtain the authority to get bank account balance of deceased dad released to her?

I requested from the bank that my deceased dad was an account holder at, if they could release the bank account balance at the date of his death to me, so that I could figure out the value before filing to court. They want letters of intent and letters of administration 1st. Is there a way to get... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 23, 2022

Sorry, Floridas circuit court clerks, judicial assistants, magistrates, and judges are far too busy to be sitting around by the phone texting friends and waiting to hear from curious citizens looking for free money asking them for free special legal help that cannot be done.

EVERYTHING the...
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3 Answers | Asked in Business Law for Florida on
Q: I hired a business broker to sell my business. His contract won’t let me fire him. Please help!

I hired a business broker in May to sell by business. For the last 3.5 months he has not done anything to sell my business. He hadn’t posted it on the BusinessMLS or BizBuySell. Nowhere. When I discussed my frustrations he gave me a song and dance and then told me that it’s just slow during the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 23, 2022

The responding experienced lawyers are correct: No Florida lawyer can advise you what to do without first seeing the agreement that you say has captured you until next year.

However, it is not necessary to go visit a lawyer at their office because we have the ability to communicate...
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3 Answers | Asked in Employment Law for Florida on
Q: Do I have a legal recourse for being fired from my job while I was on leave? I was with my father while he was in ICU.

I was employed with my employer for about 5 months. During my time there I was constantly being harassed by other employees then being called into HR and accused of the same. Last week, I went on emergency leave to go up to TN because I found out that my father was having heart surgery and was in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 22, 2022

Unless you have a written employment contract your employer can do whatever they want to do, including terminating your employment. Why?

Because Florida is an “at-will” state, private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate, and rehire...
Read more »

View More Answers

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