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Questions Answered by Annette Newman Esq.

1 Answer | Asked in Employment Law for Florida on

Q: Can an employer take money out of your pay?

In a commission situation, can an employer take money out of an employees paycheck and give it to a charity of the employers choosing if the employee forgets to send out a daily email requested by the employer? (The amount deducted is $10 for the first three offenses, going up to $20 for the next... Read more »

Annette Newman Esq. answered on May 24, 2013

Florida does not have any laws regarding what deductions may or may not be taken from an employees paycheck or whether an employee must provide written consent prior to any deduction. The lack of a law prohibiting deductions likely means an employer can withhold or deduct wages from an employees... Read more »

1 Answer | Asked in Employment Law for Florida on

Q: I was in a car accicent on a friday night. I refused to go to the hospital because i was worried i would miss work.

I told my boss about the accicent and i was in so much pain she insisted i leave work early for the ER. According to the Dr. i could have a cracked rib and lots of internal bruisin from the air bag. I let her know what was going on as soon as i found out. Sunday night i woke up in so much pain i... Read more »

Annette Newman Esq. answered on May 24, 2013

The state of Florida is an "at will" state, meaning either the employer or employee can terminate the employment relationship at any time, and for any reason, or no reason, with or without notice. However, there are exceptions to the "at will" principle, including contract employees (the terms in... Read more »

1 Answer | Asked in Employment Law for Florida on

Q: Can I sue my job due to the fact of the writing me up. I a sick child. Ihave Er and dr's notes. But they still write me.

Annette Newman Esq. answered on May 24, 2013

The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible... Read more »

1 Answer | Asked in Employment Law for Florida on

Q: Can your employer withhold your payed vacations until they want you to use it?

There are a lots of wrong practices here,just need a job?

Annette Newman Esq. answered on May 24, 2013

Yes, your employer has discretion regarding when you can use your vacation time, unless you are a member of a union and the union contract provides otherwise.

1 Answer | Asked in Employment Law for Florida on

Q: I am currently on fmla leave and it is about to run out what are my rights if I can't return to work because of my illne

Annette Newman Esq. answered on May 24, 2013

If your health condition is a qualifying disability as defined under the Americans with Disabilities Act (ADA) you can request your employer to provide you with additional leave as a reasonable accommodation. Visit the EEOC website at http://www.EEOC.gov for more information about the ADA and what... Read more »

1 Answer | Asked in Employment Law for Florida on

Q: If a company changes a work schedule when employee needs to be off for a religious Holiday, can that employee be fired?

Annette Newman Esq. answered on May 24, 2013

It is a violation of Title VII to discriminate against an employee based on the employee's religion. To establish a prima facie case of religious discrimination under Title VII, a plaintiff must establish that he had a bona fide religious belief that conflicted with an employment requirement, that... Read more »

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