Lawyers, Answer Questions  & Get Points Log In
Florida Employment Law Questions & Answers
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...
Read more »

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 for Florida on
Q: Can my employer change my rate of pay weekly based on my hours scheduled?

Can my employer change my hourly pay rate weekly? My hourly pay rate changes every week based on the amount of hours I work which is usually 50-60hrs as a security guard. I am paid OT on whatever the new hourly rate is. Is this something my employer can do just constantly change my rate even if it... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 2, 2022

As long as your hourly rate doesn't fall below minimum wage, and as long as your overtime rate is properly calculated, then there is nothing unlawful about this situation. However, you should consult a Florida employment attorney to ensure your overtime rate is being calculated correctly if... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for Florida on
Q: I was contracted to a third party industry by my employer. I was off site when I was fired for something someone said.

I was off site at the time of the incident, so I don't know what was said. My employer has also not given a reason for termination. What kind of lawyer would I need to find out what happened?

Linda Liang
Linda Liang
answered on Nov 2, 2022

An employment attorney.

3 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Is there a way to get my employer to tell me what I was accused of, by a third party, to be terminated?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2022

Actually, I wouldn't plan on suing the employer. Employers generally can fire their employees if they want to; they don't need a reason. But if someone else defamed you, you might sue that person if, by taking the deposition of the former employer, you can learn the identity accuser,... Read more »

View More Answers

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.

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: How does a teacher protect themselves legally from continual physical threats from a teenage student.

I have filed formal complaints with the administration and the administration simply does not respond - Yet, continues to place me in harms way wth duties that bring me in contact with this volatile student. who know feels empowered to really intimidate and harass me every chance she gets

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 24, 2022

File a complaint with the department of education.

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.

View More Answers

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,...
Read more »

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 »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Can an owner of a restaurant use the word salary on a paycheck stub to avoid paying overtime

On the stub rate of pay says salary The hours for 2 weeks say 80 but the employee worked a 105 hours. The owner paid $6.98 for a 105 hours And the employee did not get time and a 1/2 for overtime

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 5, 2022

Generally no. There are certain standards an employer must meet in order to prove their employees can be properly paid on a salary basis. If these standards aren't met, then employees must be paid overtime for all hours worked in excess of 40 in a week.

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.

1 Answer | Asked in Employment Law for Florida on
Q: My manager called me into her office and said "I am frustrated with you". Is this a good statement?

Everyone has their share of mistakes, we do not live in a perfect world. Out of my years of work, I have never had a manager use that statement, against me. She is an HR manager, I feel very uncomfortable now. She also gave me a warning, Just want to know if there is a solution for this.

Brett Daniel Kaplan
Brett Daniel Kaplan
answered on Sep 30, 2022

Hi: I'm sorry for your situation feeling uncomfortable by the HR manager at work -- I appreciate that frustration. If you feel uncomfortable, you can always voice that to a different individual within the HR department. Also, to be sure, the law would be triggered here if the HR manager said... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Will a judge rule in a claiments favor if he has ordered all defenses the employer may have had to the claim striken?

The employer didnt show for mediation, and after numerous request to show cause; the judge ruled they willfully failed to comply and found sanctions to be appropriate. He then ordered all defenses the employer may have had to the claims made striken and set a final hearing.

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

If you are the claimant ("claimant" is spelled with an "a") you are closer to winning than you were before filing the claims. However, unless and until the Judge actually enters a judgment in your favor you are not out of the woods.

View More Answers

2 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Wondering if I have a case for false accusations ,defamation of character and retaliation. I was terminated from work.

Was unable to defend my character as my new hired ED had terminated my position prior to a meeting set up that I sat for nothing. Their decision was already made. Executive Director stated she had documented proof of allegations of me bullying , threats made to staff and rumors and gossiping. I ask... Read more »

Eva Zelson
Eva Zelson
answered on Sep 23, 2022

It sounds as if you may have been fired in retaliation, but more information is needed. You mention information you learned some information you “shouldn’t have.” Does this relate to illegal activities or activities against company policy that could get management or co-workers in trouble? If... Read more »

View More Answers

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 »

View More Answers

2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Sep 11, 2022

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

View More Answers

1 Answer | Asked in Employment Law and Small Claims for Florida on
Q: Is there any reason I would be exempt from my bonus?

1.8 years ago I referred an employee to my company during a referral bonus promotion, 5K after three months of her employment, and another 5K after one year. She was hired and started work last Sept. I received the 5K bonus after 3 months (but had to “nudge” the regional director and payroll to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2022

Yes, without looking at the paperwork, it looks like you will be entitled to the additional $5,000 on September 15th.

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...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.