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Questions Answered by Alberto Naranjo Jr.

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 force... Read more »

Alberto Naranjo Jr. 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 Jr. 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 Jr. 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 Jr. 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 Jr. 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 Jr. 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 Jr. 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 that... Read more »

Alberto Naranjo Jr. 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 Jr. answered on Jun 28, 2017

Do you own the company?

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1 Answer | Asked in Employment Law and Contracts for Florida on

Q: Is it illegal not to pay someone for the work they performed even if it was through via e-mail

Alberto Naranjo Jr. answered on Jun 27, 2017

Not sure based o-n the question but if you worked in FL and you were not paid, you should get paid, speak with an attorney.

2 Answers | Asked in Employment Law for Florida on

Q: Can my job make me do the duties of a higher paying position without compensating me the difference

I make $8.50 an hour and the position they are making me work starts at $9.50 an hour

Alberto Naranjo Jr. answered on Jun 27, 2017

I agree with Mr. Feldman, unless it is due to discrimination.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on

Q: I work for a hospital. I'm part-time and work 48hrs every 2 weeks. Can the employer deny me FMLA?

Currently the policy is an employee has to work 60hrs per pay period.

Alberto Naranjo Jr. answered on Jun 27, 2017

Again, I agree with Mr. Feldman, you need to see how many hours you worked in the year. Speak to an attorney as well.

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2 Answers | Asked in Employment Discrimination for Florida on

Q: I feel I'm being passed over for promotions because I'm a woman - what's the next step here?

Alberto Naranjo Jr. answered on Jun 21, 2017

Speaking to an attorney to help gather evidence and speak to the company correctly.

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1 Answer | Asked in Employment Law for Virginia on

Q: What can we do about this situation???

My wife works for Wal-Mart corp. She took a transfer from one store in Boynton Beach FL to Dublin, Va. Her start date was yesterday and when she went in they stated that she couldn't start because of a background check. She has been working for the corporation for over three years and already had a... Read more »

Alberto Naranjo Jr. answered on Jun 21, 2017

Do you think it has something to do with discrimination? Why did they do a background check again after the transfer?

Speak with an attorney.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on

Q: I had a heart attack in May of 2016 while working at Serta Manufacturing. The cause ended up being stress.

I returned to worked 5months later in October with the assumption I would be going to another position but once I was able to come back that changed. Over the next 7 months it was a constant up hill battle that I had to climb because I hadn't worked with the supervisors that came aboard while I was... Read more »

Alberto Naranjo Jr. answered on Jun 21, 2017

Do you think they are doing this on purpose because of your medical leave? Is it just hard to get back to work? I would speak with an attorney on the phone before things get worse.

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1 Answer | Asked in Employment Discrimination for Florida on

Q: Can my employers be legally held responsible for causing me to suffer from P.T.S.D. ?

I have just received a judgement for permanent disability for the PTSD I suffered on the job, by a social security judge. The judgement even specifies the incident that caused the illness. Can my employer be held responsible for refusing my accommodation request? The request was easy and would... Read more »

Alberto Naranjo Jr. answered on May 10, 2017

Seems like something is wrong, worth calling and speaking with an attorney to explore your options. Just a denial alone is not enough for a case but seems as you have done some homework and they may not have a legal excuse. Don't wait, call an attorney asap before the company takes any further... Read more »

2 Answers | Asked in Employment Law for Florida on

Q: Is it legal for a company in the state of Florida to dock you automatically for a lunch if you did not take one?

Alberto Naranjo Jr. answered on May 5, 2017

This does not seem right, speak to an attorney that can help clarify this situation. Generally speaking you should be paid for all hours worked.

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1 Answer | Asked in Employment Law for Florida on

Q: I have been with the same company for nearly 10 years. I started out as a bedside nurse and have been promoted to

manager of a stepdown unit and even ran the unit for a year with minimal oversight. Anyhow we finally hired a new director and we did not start out on a very good foot. He was rude to me in the first few days but we have overcome that and it has been fine. Today I am called down to HR with them... Read more »

Alberto Naranjo Jr. answered on Apr 26, 2017

Sorry to hear about this situation, it seems pretty tough. Based on what you provided, its a pretty sticky situation that can't be resolved with a simple posting online but would really require you to invest sometime with an attorney trying to help you through this tough process that may or may not... Read more »

1 Answer | Asked in Employment Law for Florida on

Q: I just started for a company doing outside maintenance work. I got ran over by a lawn mower when I was5. Can they fire

I was having real bad feet pains and I asked her if I could work less hours in the day or less days in the week. I feel like when I go into work she is going to say I can't work because my foot prohibits me from doing my work

Alberto Naranjo Jr. answered on Apr 26, 2017

You should immediately seek medical treatment and contact an employment attorney to help potential bring a workers compensation claim. Many attorneys can speak to you for free, just call to set up an appointment.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on

Q: do I have a case I was recently fired for using profanity on the sales floor but I am not the only one who has done this

all most everyone from co-workers to managers uses profanity on the floor and nothing has ever been said before I felt like I was being targeted and when they called me into the office to let me go nothing was read to me nor was I ask to sign anything I was only told that statements was sent to... Read more »

Alberto Naranjo Jr. answered on Apr 7, 2017

Hard to tell but if your being treated differently than other employees, maybe it is worth speaking to an attorney. Generally speaking, you have a case if discrimination is involved in the work place. Explore the facts by calling and speaking with an attorney.

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