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Questions Answered by Alberto Naranjo
2 Answers | Asked in Employment Law for Florida on
Q: Do i have to pay salary of an employee isolating

I run a small auto repair shop. This morning, my mechanic called that he went to the doctor because he fears he may have the virus and said that the doctor told him to isolate for 15 days. He is the only mechanic i have which makes him extremely important to the business. We have been closed since... Read more »

Alberto Naranjo
Alberto Naranjo answered on May 28, 2020

Here is what the department of labor says but good idea to check all your policies with an attorney.

From the DOL Website as of 05/28/2020 - Circumstances in Which the Employer May Make Deductions from Pay Deductions from pay are permissible when an exempt employee: is absent from work for...
Read more »

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1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for Florida on
Q: Parttime respiratory therapist taking LOA for childcare during COVID-19 pandemic.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare.... Read more »

Alberto Naranjo
Alberto Naranjo answered on Apr 17, 2020

For this new type of FMLA under the Family First Coronavirus Response Act the number of hours does not matter play a factor from my understanding but the reason your requesting the leave is very important and not everyone qualifies. I provided the information that is on the Department of Labor... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: I'm a Jew, & I was fired from my job because I had to take VTO to assist my Elderly Rabbi to prepare for COVID19

I'm a Jew, and I was fired from my job because I had to take immediate VTO to assist my Elderly Rabbi to prepare for the COVID-19/Coronavirus Pandemic. I informed them it was a religious obligation and essential that I abide by it due to my faith. I was told that didn't matter and that I... Read more »

Alberto Naranjo
Alberto Naranjo answered on Apr 13, 2020

Based on the facts it does not seem like a case unless your being treated differently than other employees outside your faith or if there is a reason behind you stating that it was a religious obligation. Even if it is a religious obligation you still have to show your accommodation is reasonable... Read more »

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3 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can you be furloughed if you are on fmla like me?Of 4 managers in my department, I was the only one furloughed.

I am on approved intermittent fmla from my company ( a large publicly traded one) to take care of my elderly mother. I would come in to work about 2 hrs later than regular start time daily to care for my 94 yr old mom before her caregiver arrived. We had been working from home for 2 weeks due to... Read more »

Alberto Naranjo
Alberto Naranjo answered on Apr 8, 2020

This can be a violation based on the facts provided but it will depend on why the picked you and not the others, if it is due to the FMLA, that would be a violation of the law. Getting an attorney involved early on will increase your chances of a better outcome and you can review all the facts to... Read more »

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2 Answers | Asked in Employment Law for Florida on
Q: I work at a Child Care center in Pinellas Co. Florida. We are not following the Safer at Home order. I brought it to

my bosses attention and she said it’s recommended but not the law. So do we have to follow it?

Alberto Naranjo
Alberto Naranjo answered on Apr 2, 2020

Agreed, unless your exempt and classified as a essential worker, you may have benefits under the he Families First Coronavirus Response Act (FFCRA or Act). You can call an attorney or read more at: \

https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

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3 Answers | Asked in Employment Law for Florida on
Q: What if you work for an employer that is considered an essential business and...

What if you work for an employer that is considered an essential business and you work in close contact with other employee's and there is not adequate safety protection like Masks, Gloves, disinfectant, can you refuse to go to work, if the employer refuse to provide the safety items?

Alberto Naranjo
Alberto Naranjo answered on Apr 2, 2020

I agree with all the other two attorneys but note that there are some exceptions for medical leave related to coronavirus for certain employees but I would recommend having an inspection done and speaking not only with your doctor but an employment attorney as well. Thank you for working during... Read more »

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2 Answers | Asked in Employment Law for Florida on
Q: Yesterday I was told I’m being furloughed due to Coronavirus. I am 8 months pregnant - does my job have to honor my LOA?
Alberto Naranjo
Alberto Naranjo answered on Apr 1, 2020

I would review your handbook with an employment attorney and also discuss how many employees were laid off and how the company decided which employees were to be laid off and which ones to keep.

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3 Answers | Asked in Employment Law for Florida on
Q: Im a salary paid director of a child care in clearwater, FL The business temporarily closed Coronavirus do they pay me?

I have been paid on a salary basis for at least ten years now they do not want to pay me due to covid19 closure

Alberto Naranjo
Alberto Naranjo answered on Apr 1, 2020

I would file for unemployment asap. They can close down the business temporarily without needing to pay but you might want to educate them on the payroll protection plan to see if they can get help paying employees.

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I resigned from my employer, a large engineering firm, and they refuse to pay me for my last weeks of work.

The amount could be settled in small claims court, but I am unsure where to make that claim, my local office location (Orlando), corporate HQ office (Dallas), or payroll processing office (Pasadena, CA). Would an attorney help me for less than $10,000 owed.

Alberto Naranjo
Alberto Naranjo answered on Mar 24, 2020

Yes an attorney could help and depending on your job duties and some other factors, the company may have to pay for your attorneys fees and court costs. Its worth trying to speak to an employment attorney to let them deal and stress with the issue so you can focus on looking for a new job or your... Read more »

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2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Florida on
Q: Is there a law aginst employers takeing all of there employees tips be cause someone stole from them?

My names Kristina I work at a tropical smoothie in fort Pierce FL some one thought it was smart to steal 200$ from the cash register at my job an since my boss dosnt know who he started takeing every ones tips to pay off the two hundred dollars even though half of the employees had nuthing to do... Read more »

Alberto Naranjo
Alberto Naranjo answered on Mar 2, 2020

If you work, you should be paid. It is a violation of the law to force employees to work off the clock (which is what your boss is doing if you do not take breaks but they automatically deduct the time). This is also an illegal deduction. As to tips, if you are part of a tip pool, meaning that your... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I work for an employer with over 200 employees and I receive FMLA due to health issues. Originally my Manger started

Originally my Manger started off sending messages while on leave to me about work related concerns eventually it transpired to I need to let them know ahead of time if I plan on being out of work. I was told my attendance is an outlier and that instead of staying home not doing anything come to... Read more »

Alberto Naranjo
Alberto Naranjo answered on Jun 15, 2019

Hmm, seems like some of this might be a violation of the Family and Medical Leave Act but some of this does not seem like a violation, such as an employee refusing to do work assigned. Unfortunately, unless you need a medical accommodation for some sort of job related task, which does not mean the... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer force resignation or fire an employee after FMLA has been extinguished in the State of Florida?

We Live in Florida and my wife is high risk pregnancy. She is currently at week 20 and will have to be admitted to the hospital and use FMLA at week 23 through 33 of her pregnancy. Her HR director told her that she'd have to resign after 12 weeks of FMLA while in the Hospital. Is it legal to... Read more »

Alberto Naranjo
Alberto Naranjo answered on Oct 19, 2017

This is a very close call and depends on several factors. Contact an attorney to discuss. There is some chance that she can request more time.

1 Answer | Asked in Employment Law for Florida on
Q: I was terminated from my job on the day of my return following being out of office with Doctors orders. Is this allowed?
Alberto Naranjo
Alberto Naranjo answered on Sep 12, 2017

Does not seem right. Obviously, it depends on all the facts but contact an employment attorney that can help evaluate the matter and explain how we can help.

1 Answer | Asked in Employment Law for Florida on
Q: What's the law regarding getting paid upon termination. Is employer obligated to pay or do I have to wait?

They're stating they will mail my check but I don't trust that I will receive it when I normally would or that it'll be sent to correct address even though I informed them of a new mailing address, they had my original address wrong. Aren't they supposed to pay at time of termination if asked?

Alberto Naranjo
Alberto Naranjo answered on Sep 12, 2017

They need to pay within a reasonable time which is generally speaking the normal pay period. If they do not pay, contact an attorney. Generally speaking you can get an attorney to help at no cost to you with this type of case but it all depends on the facts.

2 Answers | Asked in Civil Rights, Employment Discrimination and Sexual Harassment for Florida on
Q: What are my first steps in preventing this from happening to anyone else

After verbally reporting I had Been sexually harassed by a co worker to my superior the next day I found out i wad removed from my sight and forced to take a 2$ pay cut and the owner of the company and bosses refused to take my written statement or even talk to me about it. I was told by the... Read more »

Alberto Naranjo
Alberto Naranjo answered on Aug 8, 2017

You can bring a case against them to stop them from doing it again. Speak to an attorney for an evaluation.

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1 Answer | Asked in Employment Discrimination for Florida on
Q: Is it wrong to get fired from dollar general for being on maternity leave still under dr care

My step mom was fired while she was on maternity leave. She worked for dollar general she was put back on schedule with out her knowledge. And she was still under dr care he had not released her from maternity leave while on that leave. And because she had not known she was suppose to work and... Read more »

Alberto Naranjo
Alberto Naranjo answered on Aug 8, 2017

The facts are unclear but seems like there may be a case here. Call an attorney for a free consult to explore the issues. You have little time to start these types of cases.

1 Answer | Asked in Employment Law for Florida on
Q: What are my rights as an employee?

I was retaliated against and written up /disciplinary action for reporting a manager abusing an elderly dementia patient. The abuser is still working safely, while I have been terminated from my position. Is this at all legal?

Alberto Naranjo
Alberto Naranjo answered on Aug 3, 2017

You may have a case here but more details are needed, call and speak to an attorney for an intake.

1 Answer | Asked in Sexual Harassment for Florida on
Q: If I secretly record my boss am I able to include it in a sexual harassment claim?
Alberto Naranjo
Alberto Naranjo answered on Jul 21, 2017

Probably not, there is right way and wrong way of doing this. Speak to an attorney that can help guide you through the situation.

2 Answers | Asked in Contracts, Employment Law and Personal Injury for Florida on
Q: Can my friend get out of a work exchange contract due to injury?

My employer created a flying trapeze teacher training program that I am in charge of. All students have the choice to pay a fee or exchange work hours. A friend of mine is part of the program and was injured (due to my boss's negligence). My boss is now trying to force My friend to go back to... Read more »

Alberto Naranjo
Alberto Naranjo answered on Jul 3, 2017

You may have a workers compensation claim here. You need to act before you run out of time. If there is a contract, an attorney will have to review it but generally speaking, if the contract purposes is frustrated, you may be able to get out.

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2 Answers | Asked in Employment Law and Juvenile Law for Florida on
Q: Can my 13 year old work a summer part time at my job if I give him permission?

It would be 1-2 days a week, 3-4 hours each day, doing sweeping, mopping, and light janitorial work at my job. I would be willing to sign a permission form authorizing him to work. Does he HAVE to be 14?

Alberto Naranjo
Alberto Naranjo answered on Jun 28, 2017

Do you own the company?

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