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Florida Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for Florida on
Q: Can I accept a settlement from my former employer in an EEOC charge that is higher than the law $ cap?

I know that in EEOC discrimination cases, financial settlement is limited based on number of employees in the company. Can the company offer a higher settlement amount than the cap limit the law has set? Such as for a company under 100 employees, but more than 15, limit says $50k. Can the company... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

Offering more than they have to would certainly be surprising. Generally, a party that has rights under the law can voluntarily waive those rights. That is a general guideline I am giving you, not a legal opinion for your particular situation, as I could not be certain of the answer to your... Read more »

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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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: How can i sue my employer for racist comment, sexual comments, and they basically pushed me to quit

I was told a very racist comment in front of few other coworkers, been sexualized multiple time at work, they pushed me to quit by the way they were treating, pretty sure made them happy since that’s exactly what he wanted, I’ve been treated extremely bad at that job and i need to know what to do.

Kevin Sanderson
Kevin Sanderson
answered on Nov 16, 2022

Remember your employer needs to have at least 5-15 employees depending on physical location for them to qualify for jurisdiction of discrimination laws. You are welcome to contact me.

1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Florida on
Q: I'm a 1099 contractor of service, I recently refused to sign a non compete, now client refuses to pay. What can I do?

I'm a independent contractor working for a cleaning service for the past 3 months. The owner of cleaning service has paid me every Saturday for work completed. However, they just recently asked me to sign a non compete. I politely declined and resigned from my services. Now the owner is... Read more »

Kevin Sanderson
Kevin Sanderson
answered on Oct 31, 2022

This is a concern. You worked the hours in question and the non-comp was not a part of the agreement.

3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: What is a Motion for miscellaneous relief Joint MOTION Suspend Scheduling Order to Suspend all Unexpired Deadlines

Set Forth in the Scheduling Order re [22] Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge

Kevin Sanderson
Kevin Sanderson
answered on Oct 16, 2022

It sounds like you have filed a case, maybe in federal court and this is an early standard order. It is hard to navigate these by yourself. I would be willing to speak to you about your case. 941-444-1548.

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Good afternoon I been working for this company for 28 years first my boss hate my religion ok my boss wrote me up becaus

Because he said that if I didn’t complete the work he assigned me by October 17th I’ll be fired

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2022

A Florida attorney could advise best, but your question remains open for two weeks. You could try reposting and adding the categories Employment Law and Employment Discrimination. Some questions do go unanswered here but you might have better chances of a response under those categories. Good luck

Q: Can I sue my employer for causing me to get yeast infections?

I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... Read more »

Joseph Coughlan
Joseph Coughlan
answered on Oct 10, 2022

In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 3, 2022

Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.

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 »

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2022

Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Is it legal for an employer to deny a promotion to a different dept simply because their current dept is short staffed?

Although a different department wanted to higher my colleague, which would have been a promotion for her, the supervisors in my colleague's current department told them not to hire her because they were currently short staffed in their department and didn't want her to leave. The staffing... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2022

Sure, it's legal, PROVIDED that the reason given for denial of promotion is not a pretext (that is, a fake reason) to mask an unrevealed reason that is prohibited by law, such as the laws prohibiting certain types of discrimination and retaliation.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I work for a church in the state of FL. Is the church permitted to terminate my employment based on my marriage status?

I have been employed with this organization for eight years, have always provided excellent delivery. My boss recently found out I had an affair, at that time I was given specific stipulations for continued employment based on the understanding that the moral code of the church had been broken when... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2022

Under Section 760.10 of the Fla. Civil Rights Act, it is generally unlawful to terminate an employee based on marital status (for example, if someone decides to get a divorce); however, the law exempts religious institutions as follows: "This section shall not apply to any religious... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it Illegal for a district manager refuse someone a promotion if their boyfriend is a general manager of a restaurant
Charles M.  Baron
Charles M. Baron
answered on Jul 11, 2022

Your inquiry is not very understandable about the facts of the situation (such as, is the general manager the boyfriend of the "someone" or boyfriend of the district manager?), but, in any event, if you're talking about a private company, no law requires it to have some logical... Read more »

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Florida on
Q: Hi there, I have questions about discrimination are abouts my work slowly speed.. many times I been told in my work

I just felt discrimina the company in Dunking Donut as employees by coworkers and is not the first time I have to go through this, is full company likely Miami Grill and Chipotle and McDonald's and Charly Restaurant.. but my consent is Dunking Donut where I was hired of the month April 27... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 3, 2022

It sounds like you are wondering if an employer is illegally discriminating against you by hassling you about your work speed. The only way that this might possibly be a legal issue is if you have a disability that the employer was made aware of, and you are able to competently work for that... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: So I was descriminated against by another employee for my disability, instead of firing her, they moved her to another..

Department. Is there any recourse? On top of being targeted for other mitigating circumstances. Do I have a leg to stand on? Should I file an EEOC complaint or retain an attormey?

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

If you feel you have been discriminated against by the actions of your employer because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status, pregnancy, or because you have a disability or feel you have been retaliated against... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask about medical issues after job offer?

I was just offered a job as a new nurse practitioner. During the first interview he offered me a $500 bonus in a part time position at a clinic I really like. He requested a meeting to give me the bonus check and to sign the contract, but he threw down two additional stipulations (non- compete... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2022

Nothing this prospective employer did is unlawful. You are a nurse, so it is very important for the employer to know about YOUR health.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it legal to fire someone who has a medical condition without a given reason

My friend who is currently going through chemotherapy was apparently suspended without pay from the company we work for because they allegedly cited he smelled like alcohol when apparently he didn't and he was suspended for also taking medication .

Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2022

Florida is an at-will employment state, meaning that workers can be terminated at any time and for any reason (or no reason at all). However, if your friend suspects he was targeted for termination based on his medical condition, he should speak with a Florida employment attorney about disability... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a privet sector employer not hire you because of who your neighbor is

My neighbor is a ex employee

Charles M.  Baron
Charles M. Baron
answered on Apr 28, 2022

Depends on if the REAL reason for not hiring is discrimination based on one of the protected classes under the law, such as race, color, sex, age, religion, national origin, handicap, and some other categories. While there is usually no way to get hard proof of the real reason outside of... Read more »

Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me

This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2022

There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.

3 Answers | Asked in Employment Discrimination for Florida on
Q: Is it legal for a restaurant owners wife to collect tips?

The owner of a restaurant I work at allows his wife to take tables and collect tips, taking tables away from his employees to do so. He will even ask employees to come in and work with his wife while paying them a flat fee, and she collects more in tips than the other employee is compensated, even... Read more »

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

1. Florida and federal law require restaurant owners to pay employees the current minimum wage but the law does not tell employers how they must do it.

2. Some restaurants do not allow tipping at all, but instead choose to pay their employees on an hourly or shift basis.

3. Any...
Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is my employer allowed to require a mandatory unpaid 30-minute break in the state of Florida?

I currently work for a remote company and I reside in the state of Florida. I have been working for this company for a few months and the only break given was a 20 minute paid break for an 8-hour shift. They now sent out a form to sign stating that we must take a 30-minute unpaid meal break, even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2022

Yes. Florida law does not require Florida employers to give employees any breaks, period. Some do, some don't. They get to decide. Why?

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

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