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 »
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 »
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 »
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?
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.
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 »
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 if the... Read more »
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 the fact... Read more »
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.
US Courts website has certain tables with data, but nothing about age discrimination.
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.
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 »
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.
prohibits me from doing so?
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.
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.
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.
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 that's... Read more »
Yes, It appears so. This looks like a rare opportunity in practice to sue under the Lilly Ledbetter Fair Pay Act.
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 »
Often an attorney helps at this stage.
T up 50 Cent to 11:50 then raised it now to $13 an hour anybody that has now hired is making $13 which I make $11.55 do or does my employer have to raise my pay 2 at least match the 13 which is there starting pay I am training people to do the same job I'm doing that make more money than I do. So... Read more »
Many actions that are fundamentally unfair on their face are not illegal in Florida, unfortunately. You might consider if you are being discriminated against based on a protected class. At this exact moment, it loos like we have an employees market more than at any time in the past 10 years.... Read more »
Can I file my employment discrimination lawsuit at my local area clerk of courts courthouse house
I got my right to sue letter to file an employment discrimination lawsuit and time is winding down to file. Can I file it at my local clerk of courts office in the same area were the incident... Read more »
Your local clerk of court is the state court. Yes you can file in local or federal. In state court you sue under state law, in federal you can bring both federal and state claims. You can file a suit yourself to get it started prior to your statue of limitation deadline, but honestly, you will... Read more »
Discrimination is often difficult to prove. Since this is civil and not criminal law you need a preponderance of evidence not beyond a reasonable doubt, so while many claimants do not have "conclusive" proof it does not mean a claim is not worth bringing. You are looking for some adverse... Read more »
Is it libel if employees make written statements to a supervisor that a new hire is incompetent in skills/ tasks that they never observed the new hire perform? And bc of these written statements the new hire is terminated.
It is discriminatory. One caution: some courts have held that the employee doing the discriminating must be a supervisor to that employee who makes adverse employment decisions/actions against the employee discriminated against. In other words, lateral co-workers cant discriminate. This is... Read more »
We get asked these type of questions often. "Can they......?" The short answer is they usually can. The employment police do not come screaming around the corner just for things we don't like. If actions are discriminatory or retaliatory based on legally protected classes, such as age, race or... Read more »
My brother then says it is about a comment I made to another coworker. As trans the only thing I have ever said to a coworker was regarding where I can shop for clothes as I liked certain outfits or styles they may have had. I was informed that management already believed the accuser over me and... Read more »
We don't know a great deal of info based on the above. However, in general, we advise against resigning. Make them fire you instead if they want you gone. Among other reasons, it is hard to collect unemployment insurance benefits if you quit.
My fiance was hired at $8.75/hr three years ago after having 5 years of experience in the same field of work. Over these three years she has had only stellar work reviews, earning a promotion and is now paid $11.00/hr. Recently a man was hired for her same position (not replacing it) at $11.50/hr... Read more »
The Lilly Ledbetter Fair Pay Act was enacted to stop/punish just this action. Unfortunately, at $20 per week in damages, the difference in the pay, realistically a lawyer cannot afford to get involved in the dispute. She should, if she wants to take action, complain in writing to the employer and... Read more »
She has been with us for 2 years. She is on a 90-day performance improvement plan and has had documented performance issues for some time prior. She has an FMLA restriction for 30 hours a week. She has routinely worked more than that on her own accord. I did not realize that was not okay. She... Read more »
It seems you have engaged in some good practices here. Intermittent FMLA is very difficult on all parties involved, co-workers, employers and employees. You would not want me to answer this further in a public forum even though you have not used your name. Arguably I cannot provide any response... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
