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Questions Answered by Bruce Alexander Minnick
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 »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can we create a parent plan without going to court in Florida?

Mother lives in Fla, father lives in Ga

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

Yes, but no experienced lawyer would advise such a plan because there is no way to enforce it except in a court of law. And since the two of you live in different states, enforcing the agreement might require the involvement of two different courts.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I’m currently still represented by an attorney (technically, as the hearing for attorney withdrawal is scheduled for

next week). We had a mediation back in February where the mediator amended the Parental Plan and Marital Settlement Agreement but we ran out of time and didn’t get a chance to sign.

I’ve requested the amended documents from the mediator but he said he doesn’t keep them and that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 18, 2022

1. It is not humanly possible for me or any other Florida lawyer to tell you why your counsel of record does not respond during his pending motion to withdraw.

2. However, since you recently went through a divorce you must have noticed that your ex did not respond to you during the...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: The tenant was evicted and damaged house. I didn’t return security deposit. He is suing me. What i must to do?

I bought the house with this tenant. He was harassing me from day one. Was recorded me on security camera, I offered him to leave any time, rent was low, finally he became holdover tenant and stopped to pay rent. I took him to court. He was evicted. He damaged my house. I didn’t return security... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 18, 2022

If you have a lawyer tell them to consider filing a counter-claim for the damages and a motion to dismiss the plaintiff's claims for pain and suffering for res judicata or collateral estoppel. If your lawyer does not know what res judicata and collateral estoppel mean hire another lawyer that does.

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is the year to year lease in Florida legal if it states 120 days needed to be given for early termination?

My year to year lease states: "You must give at least 120 days written notice of termination or intent to move-out". Looking at Florida State law 83.575, it says "may not require more than 60 days’ notice before vacating the premises". Is the lease I signed in violation of the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 17, 2022

Show this to your landlord.

"A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, IF such provision requires the landlord to notify the...
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1 Answer | Asked in Employment Law for Florida on
Q: Should I get paid from the moment a phone call comes in for work to the moment my tasks are done???

I work from home on weekends an my job takes phone calls to find services techs to fix properties for businesses. Should I get paid every minute I am focusing on my job? As in waiting for techs to call me back , searching for techs online? I feel every moment I have attention to my job I should b... Read more »

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

Unless your employer agrees to pay you for every moment you are lollygagging while waiting for the telephone to ring you are stuck with the employment deal you made when hired.

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 Landlord - Tenant for Florida on
Q: If I paid the tenant the reminder of the lease to buy them out can they still reject the offer?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2022

Copy your original question and these conversations and paste to an email and send them to me at

bammab1@gmail.com

1 Answer | Asked in Landlord - Tenant for Florida on
Q: As far as buying the tenant out would that be the remainder of the months owed x the rent or a negotiated amount/offer?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2022

Whatever the tenant accepts, up to the max.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am looking to sell my condo but currently a tenant resides on the property on a lease until Jan. 23 any loopholes?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2022

No. Whoever you sell the condo to will have to allow the current tenant(s) to finish out the lease--unless you or the new owner get together and buy the tenant out.

FYI: Many tenants are not married to the place they rent and will consider reasonable offers to give them the money they need...
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1 Answer | Asked in Employment Law for Illinois on
Q: Six of our IT group calling in sick one day protected by law or can we be fired for this?

I work in the IT department of a large law firm, I'd like to know if 6 of us call out sick to send our company a message is protected by law or could we be fired for this? We are critical employees and are required to be on-site everyday while most of the company gets a new hybrid work benefit... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 9, 2022

Because you have assembled a group of IT employees that work together in the same department, a department that you say is critically needed, it is highly unlikely that the law firm management will terminate all of you at the same time. It is much more likely that they will identify the leader(s)... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: i was arrested but wasnt charged. my employer fired me because it was on the news and social media. is that illegal?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 2, 2022

Yes. Why? Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to... Read more »

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3 Answers | Asked in Insurance Defense, Family Law and Education Law for Florida on
Q: I submitted paper work to claim a life insurance that my mom left me. There is a problem with her last name.

She died in PR im in FL. They are asking for a notarized form that says that she is the same person due to different last names. Im in FL the company is in PR. What can I do? Please help. Thanks!

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 29, 2022

Unless the insurance proceeds are very small you would do well to hire a Florida lawyer who knows how to deal with foreign insurance companies. This problem might need an apostille certification.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello, I have a signed condo contract through 9/21/22. My landlord sold the property and has told me I have 5 weeks???

To move out.

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

If you have a written lease for the condo any new owner has to honor the terms of the lease, and so do you.

2 Answers | Asked in Family Law for Florida on
Q: If a family member hires another family member who’s a lawyer for a family case, is that legal?

My child’s mother and her parents hired a lawyer within their family that’s trying to fight me for custody and I thought that was illegal to do so.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 25, 2022

As usual, the answer to this question is in the question itself.

Turn this question around and ask yourself if your brother was a lawyer wouldn't you want to hire him?

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1 Answer | Asked in Employment Law for Florida on
Q: Hi ! How does equity compensation work at a start up that offers it when you sign on but then gives you no further info?

When I signed my employment contract with the company I work for, my compensation package included about 5% equity in the company (25,000 class B shares). I never got additional information on this at all, just the compensation package I signed. What I signed said the equity is subject to board... Read more »

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

The most common aspect of any "start-up company" is that the owners (those who own 100% of the common stock) work their fingers to the bone day and night, week in and week out, hoping that their (often unpaid) efforts will pay off.

The main job of the newly-hired employees is to...
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2 Answers | Asked in Small Claims for Florida on
Q: I live in a gated community next to a golf course. A golfer broke an expensive stained glass window with a golf ball.

The replacement cost ended up being over $2,000, of which our deductible was $1,000. I caught up with the golfer who agreed to pay my deductible, but gave me a fake name & address. I found out who he actually was & gave the information to my insurance company. The insurance company mailed... Read more »

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

Yes, the chance of you personally winning or losing in any small claims court is the same: 50/50

If you hire an experienced lawyer to represent you, the chances of winning are markedly improved, but not certain.

P.S. Lose the argument about the golf course scorecard helping you...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a rent to own contact.all pay up.landowner will not sign the deed over to me
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 19, 2022

You will have to hire a lawyer familiar with "rent-to-own" leases to help you find out why the owner refuses to transfer the deed.

1 Answer | Asked in Employment Law for Florida on
Q: Can my company record me on video after work hours?

My company just installed dashcams that stay on for 10 minutes after the vehicle has been stopped. This means when I park my car at home for 10 minutes it can see everything I do even though I'm not using their vehicle or on the clock. Is there anything I can do about this?

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

No, because the privacy provisions in the Florida Constitution do not apply to private employers or private businesses.

But even if they did, it would be difficult for you to prove your privacy was invaded because the only "invasion" was via a dashcam in a vehicle owned by your...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: What are my rights if I am a "issue" of a deceased parent

My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »

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

Whatever your mother was entitled to upon the passing of her mother goes to you and your siblings equally.

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