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Questions Answered by Kevin Sanderson

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 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 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 if the... 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 the fact... Read more »

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 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 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 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 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 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 that's... Read more »

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 answered on Jul 15, 2018

Often an attorney helps at this stage.

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

Q: I work at a food establishment in Florida when I was hired the starting pay was $11 an hour about 6 months ago they wen

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 »

Kevin Sanderson answered on Jul 13, 2018

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 »

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1 Answer | Asked in Employment Discrimination for Florida on

Q: Can I file my employment discrimination lawsuit at my local area clerk of courts courthouse house

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 »

Kevin Sanderson answered on Jul 8, 2018

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 »

1 Answer | Asked in Employment Discrimination for Florida on

Q: I feel I am being mistreated at work because I'm gay. How can I prove discrimination?

Kevin Sanderson answered on Jun 24, 2018

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 »

1 Answer | Asked in Employment Discrimination for Florida on

Q: Is it considered discrimination if an employee refuses to orient a new hire bc of their national origin?

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.

Kevin Sanderson answered on May 4, 2018

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 »

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

Q: Can an employee be issued a write up off the clock?

Kevin Sanderson answered on Apr 20, 2018

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 »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Florida on

Q: I was asked to resign from work due to allegations made against me. My job wont say who,what happened, or when.

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 »

Kevin Sanderson answered on Apr 3, 2018

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.

1 Answer | Asked in Employment Discrimination for Florida on

Q: How is workplace sexual discrimination dealt with?

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 »

Kevin Sanderson answered on Apr 2, 2018

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 »

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

Q: We have an employee on FMLA who is failing and need some advice on how to proceed.

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 »

Kevin Sanderson answered on Feb 28, 2018

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 »

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

Q: Can an employer fire an employee for being one minute late if they are in the building?

I arrived for work at 6:10 am for a shift starting at 6:50 am, because my clock in stated 6:51 I am being threatened with being fired. They know what time I arrived. Everything is taped throughout the building, its documented. I feel like I am being targeted because of my age. Im the oldest... Read more »

Kevin Sanderson answered on Feb 27, 2018

That does sound troubling. When the reason stated for termination of adverse action is not the real reason (such as age discrimination) we call that a pretext.

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

Q: My ex-employer is owned by a father and two sons. Son A had me arrested for grand theft saying I stole money (OT pay).

I said your father OK'd the OT (I have witnesses) and the DOL looks at tasks, not titles and that I did not meet the exemptions for admin, exec and professional and was under the $100k cap. All OT was documented and put in the payroll file. I was fired two days later prior to them knowing I was... Read more »

Kevin Sanderson answered on Feb 13, 2018

Based on what is presented here, this appears troubling. it is very unusual for law enforcement to involve itself into civil employment matters in this way. I would speak with an employment attorney, and also a criminal specialist to see if there is a case for malicious prosecution, exc.

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