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Questions Answered by Alberto Naranjo
1 Answer | Asked in Employment Law for Florida on
Q: I am being threatened via texts and email to reimburse a verbal claim for overpayment of wages from an employer.

I was working for a storage unit for 3 weeks, they have claimed to pay me for 4 weeks. We did not have a contact, application process or any tax papers at the time of hire. I quit due to unethical business practices- ie Tenants running businesses out of the storage unit and even one person living... Read more »

Alberto Naranjo
Alberto Naranjo answered on Oct 5, 2020

The overpayment can be an issue if true. You can hire an attorney to help but they will probably charge. Make sure to document everything in writing.

2 Answers | Asked in Employment Law for Florida on
Q: Can I sue the founder of a startup for failing to pay deferred salary as promised in writing?

Required to defer salary since June 1. Founder of company sent a letter August 1 promising to pay all deferred salary by August 31. When I requested the money I was furloughed.

Alberto Naranjo
Alberto Naranjo answered on Sep 14, 2020

Yes, you can but collecting might be difficult, maybe. Have someone review all the documents and communications. You might be able to go against the individual, not just the company.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Safety sensitive position and needed prescription drugs.

I currently operate heavy machinery for my job. What options would I have if my employer found out I was on a prescribed med with a waring that you should not operate heavy machinery when taking, yet my dr has provided documentation I can preform all my essential job functions and not put myself or... Read more »

Alberto Naranjo
Alberto Naranjo answered on Sep 8, 2020

This is a hard one but if your doctor says your ability to perform your job with some sort of accreditation, make sure you document your request and ask the company to enter into the interactive process with you to determine if there is an accommodation that would work, like the different schedule... Read more »

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2 Answers | Asked in Employment Discrimination for Florida on
Q: I was injured off duty. My specialist doctor had given me a note allowing me to return to work.

BUT now my employer is sending me to “their doctor” for an exam to do a “fitness-for-duty determination.” I think this is just a ploy to fire me or force me to not to return to work. Any ideas?

Alberto Naranjo
Alberto Naranjo answered on Sep 1, 2020

Much more information is needed to determine anything, most of the information required would be information that you would most likely want to keep confidential, like the name of the employer, etc. You should visit the EEOC website to start your research and learn more about the topics as well as... Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I work for a lawnscaping company in Gainesville, FL. I have been there for 5 months and I see that the lawnscaping company isn't p

August 13th, 2020 I was using a weed-eater at a... Read more »

Alberto Naranjo
Alberto Naranjo answered on Aug 21, 2020

Speak to a workers compensation attorney, make sure you document the injury and see a medical provider and make sure they know it happened at work.

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1 Answer | Asked in Employment Discrimination for Florida on
Q: I’m being discriminated against on my job because of the way I look I can prove it because it happens to me every time I

Every time I go to work but I wanted to know can I legally provide evidence by voice recording or by video of my work activities

Alberto Naranjo
Alberto Naranjo answered on Aug 12, 2020

You should be very careful about recording people in private areas without their knowledge in Florida it could be a crime and you need to know what private vs public means, etc. At this point, I would speak to an attorney but you may or may not have a case depending on what type of discrimination.... Read more »

3 Answers | Asked in Election Law, Employment Discrimination and Employment Law for Florida on
Q: Are you required to pay your employer back for something when you never signed a contract saying you would?

My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license.

Alberto Naranjo
Alberto Naranjo answered on Aug 12, 2020

This does not seem right. You should explain this in writing to them and if that does not work get an attorney involved.

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1 Answer | Asked in Employment Law for Florida on
Q: I am paid hourly. My manager is requiring me to take & make calls & emails in my personal time uncompensated. Is this ok

Do I have a right to refuse?

Alberto Naranjo
Alberto Naranjo answered on Aug 3, 2020

If its work-related, no, this is illegal. Call an attorney to discuss your options to recover unpaid wages. This is a violation of the FLSA.

2 Answers | Asked in Employment Law for Florida on
Q: I work for a chain grocery store here in Florida. I was out for 9 days waiting on my test results to get back.

I did not receive pay. Can my company do this to its employees

Alberto Naranjo
Alberto Naranjo answered on Jul 18, 2020

If you were out sick due to COVID-19 and coronavirus testing, you could take up to 2 weeks of paid leave if you request it correctly from the company. You should document your medical leave with doctors' notes and request plus you should speak to an employment attorney to make sure you're... Read more »

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2 Answers | Asked in Employment Law for Florida on
Q: can i suit an employer for not paying me for work done

myself and few 100 AV techs are still owed payments from VTS Video tech Services for work done and have not been paid yet

upwards of $100,000's

Alberto Naranjo
Alberto Naranjo answered on Jul 18, 2020

If you worked you should be paid. Contact an attorney to look over all the details or you can file a lawsuit on your own but many attorneys would be willing to help. Best wishes.

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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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