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Questions Answered by Kevin Sanderson
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I feel I have been harassed due to FMLA/accident or a sexual harassment case that is over now.

In the beginning/middle of last year I had a sexual harassment claim against the CEO of the company I work for. He was a predator. He harassed 2 other women before me and they were given a gag order and paid. He should have been fired then and wasn’t. I got it worse. I didn’t want this... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 21, 2024

I do believe this is worth following up with an attorney on.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask you to resign after you tell them you have cancer?? **& your also pregnant?

My neice inlaw is 26, she's 9 mo.s pregnant and has just been diagnosed with stage 2 breast cancer, her plan was to return to work as a teacher after 3 mo's. When she told her employer (a very highly prestigious private school in pbg, fl) that she may need a double masectomy, they asked... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 25, 2023

The size of the employer may matter. She should follow up and contact an employment lawyer right away. This was not handled correctly by the employer.

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: How can i sue my employer for racist comment, sexual comments, and they basically pushed me to quit

I was told a very racist comment in front of few other coworkers, been sexualized multiple time at work, they pushed me to quit by the way they were treating, pretty sure made them happy since that’s exactly what he wanted, I’ve been treated extremely bad at that job and i need to know what to do.

Kevin Sanderson
Kevin Sanderson
answered on Nov 16, 2022

Remember your employer needs to have at least 5-15 employees depending on physical location for them to qualify for jurisdiction of discrimination laws. You are welcome to contact me.

1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Florida on
Q: I'm a 1099 contractor of service, I recently refused to sign a non compete, now client refuses to pay. What can I do?

I'm a independent contractor working for a cleaning service for the past 3 months. The owner of cleaning service has paid me every Saturday for work completed. However, they just recently asked me to sign a non compete. I politely declined and resigned from my services. Now the owner is... View More

Kevin Sanderson
Kevin Sanderson
answered on Oct 31, 2022

This is a concern. You worked the hours in question and the non-comp was not a part of the agreement.

3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: What is a Motion for miscellaneous relief Joint MOTION Suspend Scheduling Order to Suspend all Unexpired Deadlines

Set Forth in the Scheduling Order re [22] Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge

Kevin Sanderson
Kevin Sanderson
answered on Oct 16, 2022

It sounds like you have filed a case, maybe in federal court and this is an early standard order. It is hard to navigate these by yourself. I would be willing to speak to you about your case. 941-444-1548.

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1 Answer | Asked in Employment Discrimination for Florida on
Q: Is a threat of termination from an employer a form of retaliation? The threat is documented on the counseling statement
Kevin Sanderson
Kevin Sanderson
answered on May 11, 2021

It might be. We would need to know more to be able to say more definitively.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does disclosing a mental illness related disability to my employer offer any protection to your position?
Kevin Sanderson
Kevin Sanderson
answered on Dec 1, 2020

In a sense, yes. This is always a tough decision. If you ever need to bring a claim against your employer based on your disability but did not disclose to them you had the disability, your claim may be jeopardized.

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... View 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... View 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 .... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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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