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Questions Answered by Kevin Sanderson
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I'm an irrigation contractor that is being discriminated from being able to work in a neighborhood.

I have customers that are requesting my services in a community and they are being told they can use anyone but me to work on their property because a member of the HOA does not like me. This has cost me a loss of steady income and future as well. Do I have a case?

Kevin Sanderson
Kevin Sanderson answered on Nov 8, 2020

If the reason is race-based or other class-based discrimination, you should follow up

1 Answer | Asked in Employment Discrimination for Florida on
Q: is there a way to find a discrimination lawsuit against an insurance company for discrimination?
Kevin Sanderson
Kevin Sanderson answered on Oct 23, 2020

This can be hard but not impossible to do. Beyond a simple search engine search, you have probably already tried, there a few ideas. First, look (online) in your local clerk of court or the clerk where the company is in locally. Next look in the local and federal courts where the company is... Read more »

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Florida on
Q: Pls give me advice. I was fired bci told on a amanger about breakin company policies in retaliation.amonth later

Sexually harrassed as she went amd told employees that she managed that she saw me at a clinic and i got abortion.along with her always touching me inappropriate

Kevin Sanderson
Kevin Sanderson answered on Oct 4, 2020

Please phone my office Monday afternoon at 941-444-1548. Thank you.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Fired for small mistakes, never put on a performance plan. I was the only women on the team. What should I do ?

I was working at a new job and was suddenly fired after being told I was performing great 3 days prior. The owner found some typos in my work and that was the reason given for my firing. I was a W2 salary employee with benefits. I was the only women on the team and one of the only ones, as they... Read more »

Kevin Sanderson
Kevin Sanderson answered on Jun 14, 2020

How long were you there? Are thee more than 15 employees? If not, what is the specific municipal location?

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2 Answers | Asked in Employment Discrimination for Florida on
Q: I was out for over 15 days due to covid 19 -symptoms. Company didn’t give me the 80 hrs paid but force me to used pto

Can the company i work for force us to used our pto . And used all of our pto for being out due to covid 19.

I was sent home from work cause of my symptoms, after being tested the firts time results came back incompleted.

I had to get retested and cleared to come back to work .... Read more »

Kevin Sanderson
Kevin Sanderson answered on May 8, 2020

Under the new Families First Coronavirus Response Act, or FFCRA, most employers are required to give you 80 hours or 2 weeks paid under your circumstances. I would ask for this to be applied to that time, to be paid and have your pto restored. If they deny, you can contact the Department of... Read more »

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1 Answer | Asked in Employment Discrimination for Florida on
Q: Can an employer ask just you to produce a covid19 test if you and other co workers took a week off
Kevin Sanderson
Kevin Sanderson answered on Apr 21, 2020

As you can understand this is a new area of law and we are all still learning. Center for Disease Control guidelines do now take precedence over Americans with Disability Act regulations. My concern here is your phrase "ask you to produce a test (result presumably) as opposed to making you... Read more »

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: For a minor working in the fast food business, Will he or she get fined $500 for working 35 minutes after their shift?

Like they were working on prepping for the day (during the corona virus outbreak) and their manager said there will be a $500 fine. Is this correct?

Kevin Sanderson
Kevin Sanderson answered on Apr 4, 2020

I've never heard of such a thing.

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2 Answers | Asked in Employment Discrimination, Employment Law and Federal Crimes for Florida on
Q: My employer is committing fraud. I thought it was accidental and pointed it out, I was then bullied,

And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... Read more »

Kevin Sanderson
Kevin Sanderson answered on Jan 25, 2020

Some considerations: Is it the government being defrauded? Is it likely there has been enough time for EEOC to inform the employer of the charge? If so to the second question it may increase or give rise to a retaliation claim. This issue is too important to discuss on a message board and you... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Florida on
Q: Hello, I have a question about unemployment benefits in the state of Florida

I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... Read more »

Kevin Sanderson
Kevin Sanderson answered on Oct 22, 2019

This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a franchise employer and fellow employees harrass an employee until they quit because of an issue with a diff emp

My sister and daughter work for a 7eleven franchise my sister was fired for a reason but now the owner and co managers from other owned store and business are harrassing my daughter trying to make her quit too. They are talking negative thing to the customers in front of her face. Degrading her and... Read more »

Kevin Sanderson
Kevin Sanderson answered on Sep 26, 2019

It is difficult to say based on what you have here. For example, as they are both female is any of the harassment based on gender or sex or another protected class?

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if a person has quit their job and has accrued vacation time that they had not taken is the employer required to pay
Kevin Sanderson
Kevin Sanderson answered on Aug 16, 2019

People are always shocked by this, but in Florida you are not entitled to this time. It is not "banked" in the sense it is yours at the end of the employment as it is is some other states.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: can I file a lawsuit against my employer for failing to take action against an employee who threatened me?

I was openly verbally threatened with great physical harm by an employee while in the presence of management (who witnessed the threat spoken), who then claimed they were unable to take action due to the absence of physical contact....is this true? is it legally feasible to sue my employer? I... Read more »

Kevin Sanderson
Kevin Sanderson answered on Aug 5, 2019

They can take action. They can investigate, suspend, fire that person and/or make sure you aren't working together. You may be able to take action against the employer for several causes, such as negligent hire/retention of that employee. You may need to file with an administrative agency... Read more »

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3 Answers | Asked in Employment Discrimination for Florida on
Q: Can I sue for emotional abuse at my workplace?

My general manager stated today that ever since I stated I was pregnant I am currently 4 months that I've become dumber and everyone there notices it too. And she constantly talks to my co-workers about me making jokes. Its to the point where I don't even feel like coming in because of... Read more »

Kevin Sanderson
Kevin Sanderson answered on Jul 3, 2019

Unfortunately, there really is not a suit for emotional abuse. There is for pregnancy discrimination. Pregnancy discrimination in the workplace is shockingly common. I recommend contacting an attorney immediately.

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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Where can I find online number of age discrimination cases filed, settled, and with trial completed by state please.

US Courts website has certain tables with data, but nothing about age discrimination.

Kevin Sanderson
Kevin Sanderson answered on Feb 22, 2019

When you find it let me know. Settlement data especially is very hard to come by as settlements are most often confidential. Plaintiffs and their counsel dont have as much statistical information as exists in some other areas of civil trial law.

1 Answer | Asked in Employment Discrimination for Florida on
Q: Settlement with Uncle Sam

I pursued a position within the Federal government in three different occasions, not knowing that I was discriminated all the time on basis of national origin. I have voluminous records showing the employees of the agencies hide evidence in the discovery, obstructed my competition, employees and... Read more »

Kevin Sanderson
Kevin Sanderson answered on Nov 20, 2018

I have extensive experience representing federal employees. I have further questions but you should call my office to set up a call or email. Thank you. 941-244-0468.

1 Answer | Asked in Employment Discrimination for Florida on
Q: If I work for the federal government and am trying to transition genders, what recourse do I have if my employer

prohibits me from doing so?

Kevin Sanderson
Kevin Sanderson answered on Oct 21, 2018

I'd be happy to discuss more offline. I am not sure what you mean by prohibit. I recognize there are several things that might be done practically to stop or deter you, i.e. if they control your access to health care, livelihood and career; but hopefully they cant literally stop you.

1 Answer | Asked in Employment Discrimination for Florida on
Q: Is a supervisor's favoritism of one employee over another considered discrimination?
Kevin Sanderson
Kevin Sanderson answered on Oct 7, 2018

It could be, but it probably is not. Without evidence that the favoritism is based on class-based discrimination, the behavior is likely permissible under Florida law.

2 Answers | Asked in Employment Discrimination for Florida on
Q: Do Government agencies have to abide by the labor laws?
Kevin Sanderson
Kevin Sanderson answered on Aug 14, 2018

Yes. Depending if you work for local, state or a federal agency, the rules and procedures differ greatly. They also differ from private sector employment/labor rules. You need to speak with an attorney who knows these areas well to get solid insight.

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I sue for discrimination because my 2 new Male co workers make more than me for doing the same job and less!

My supervisor resign for pay reduction, I went on paid vacation and my co worker left. When I return I find that they have hire 2 new employees and that both are salaries and make more than me. I ask my boss and he said that he thought I had left too that we planned to leave him alone and... Read more »

Kevin Sanderson
Kevin Sanderson answered on Aug 8, 2018

Yes, It appears so. This looks like a rare opportunity in practice to sue under the Lilly Ledbetter Fair Pay Act.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I would like Negotiating my severance package, Florida law

An employee at a Hospital in Orlando for the past 6 years. Recently I had brought up age discrimination issues and was told they found nothing to my issue and closed the case as per HR. I then asked to be moved to another department or offer me a severance package. They are offering me 1-month... Read more »

Kevin Sanderson
Kevin Sanderson answered on Jul 15, 2018

Often an attorney helps at this stage.

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