I was employed with my employer for about 5 months. During my time there I was constantly being harassed by other employees then being called into HR and accused of the same. Last week, I went on emergency leave to go up to TN because I found out that my father was having heart surgery and was in... Read more »
answered on Aug 21, 2022
First, if the company honestly fired you based on "a finding that you were harassing other employees," then you have no case. Second, if the company's reason for termination is false and you were really fired for your complaints of harassment, the next questions would be "was... Read more »
I work in a warehouse in the state of florida and was told to remove my signs requiring masks saying that I couldn't have them by my hr lady. We had about 8 people test positive this month and I can not get sick due to health reasons of my own, and for loved ones. I want to know my rights but... Read more »
answered on Jan 22, 2022
As an at will employee, you can't force other employees to wear masks but you have the legal right to voluntarily terminate your employment to remove yourself from your undesirable situation.
Alternatively, if you feel the company policy is unfair and adversely affecting the terms and... Read more »
we were given an onboard vaccination status section to fill out by January 29. Besides the uploading of card and questions about dates of vaccine and booster for those who have opted to take vaccinations, there is a question for those who have not.
It gives 3 options to answer for why not:... Read more »
answered on Jan 20, 2022
Under Fla. Stat. § 381.00317, a private employer may not impose a vaccine mandate unless the employees are allowed to opt out on the basis of 5 separate reasons:
- Medical reasons (including pregnancy & anticipated future pregnancy)
- Religious reasons (including moral or... Read more »
I am a remote worker based out of Tampa, Fl. I am assigned to a medical center in Barre, MA. I am actively trying to become pregnant and there is not enough data on how COVID can affect my pregnancy or child. Not to mention long term affects of the vaccine itself. As a healthy 30 year old female... Read more »
answered on Nov 18, 2021
To clarify the previous responses, the Florida legislature has passed a bill that will prohibit a private employer from imposing a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out on the basis... Read more »
I was actually working at the time
answered on Aug 22, 2021
No. If the employer knew or should have known that you were working, you are entitled to be paid for the time worked. However, you could be subject to discipline, including termination, for failing to adhere to their time clocking policy.
I'm unvaccinated and was exposed to Covid by a coworker at work. My job is requiring me to quarantine without pay for a minimum of 7 days. Are they allowed to withhold pay from me since I was exposed at work?
answered on Aug 15, 2021
Good question. Under the federal Families First Coronavirus Response Act (FFCRA), the answer would have been "no" (unless your employer fell under a statutory exemption). However, effective January 1, 2021, FFCRA paid leave became optional, meaning covered employers were no longer... Read more »
answered on Aug 12, 2021
No. Information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. Additionally, under Florida law, every employer who provides health insurance benefits "shall maintain the confidentiality of information relating to the medical... Read more »
I live in Florida and where I work it is recommended but not mandatory to have the Covid-19 vaccine. However, every chance my manager gets she bashes me publicly in front of my coworkers and customers. Saying things such as “ you’re going to be the reason another catastrophe happens”. If the... Read more »
answered on Aug 3, 2021
Good question. While a private employer is permitted to require employees to be vaccinated, information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. According to the EEOC, the ADA requires an employer to maintain the... Read more »
answered on Jul 25, 2021
Under Florida law, private employers generally may require employees to be vaccinated as long as accommodations are made for disability or religious objections, as recently described by EEOC. Under federal law, there have been recent challenges under 21 U.S.C. § 360bbb-3, which addresses the... Read more »
I made a mistake a used material that I thought was scrap. Boss saw it Nad sid it wasn't scrap. So he is deducting $500 from my paycheck. I told him that it illegal and he told me if I didn't and agree to it then I wax getting fired just because I told him it's illegal
answered on Jul 15, 2021
Under the Fair Labor Standards Act, certain deductions taken for the benefit of the employer cannot be taken from non-exempt employees' payroll if the deductions reduce the hourly pay below minimum wage. For exempt employees, certain deductions based upon quality or quantity of work performed... Read more »
My manager wrote a counseling statement on me shortly after I accused him of singling me out due to my age.
answered on May 9, 2021
Both federal and state law prohibit an employer from retaliating against an employee for objecting to unlawful age discrimination. There a number of factual issues that would need to be addressed before anyone could provide "advice" on this matter.
My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... Read more »
answered on Oct 22, 2020
Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... Read more »
So, about 4 days ago I was at work in my cpu and a survey popped up from my company. I take this survey, and to my dismay, it's about politics, Amy Coney Barret, Trump, who will you vote for, etc. I am a Republican so I filled it out as such. I moved from Texas to Florida 1 month ago to take... Read more »
answered on Oct 22, 2020
The previous response is correct (albeit unnecessarily politically-tainted) that Florida does not recognize a civil cause of action in this scenario. However, Florida Statute § 104.081 makes it a felony for an employer "to discharge or threaten to discharge any employee in his or her service... Read more »
If a boss comes into work and multiple of his family members including his wife have tested positive for COVID-19 and have told him he needs to quarantine but he comes in anyway and takes his mask off, is that creating a risky work environment? Is there any sort of legal action one could take... Read more »
answered on Oct 23, 2020
One option, as correctly noted by the previous poster, would be to quit. Of course, then you are suffering the full brunt of your boss's callous actions, losing your income and possibly the ability to support your family, even though you did nothing wrong.
Another option would be to... Read more »
I am owed $5000 from my old employer. I went to the Labor Board and since I didn't work over 40 hours I only can get 7.25 minimum wage which means my old employer would only owe about $1500. He was supposed to pay by August 7th, but still hasn't. I am unhappy with the amount I am getting... Read more »
answered on Aug 28, 2020
Yes. If by "Labor Board" you mean the U.S. Department of Labor, they only have jurisdiction to enforce the federal overtime and minimum wage laws. The state minimum wage in Florida is $8.56 per hour. You could pursue a civil action for the higher state minimum wage amount plus potential... Read more »
I work in a freezer warehouse. With below 0 temperature for a minimum of 9 hours a day. My employer tells me that I have to supply my own boots, suit and gloves.
answered on Aug 28, 2020
Federal OSHA regulations provide that personal protective equipment (PPE) used to comply with the OSHA law "shall be provided by the employer at no cost to employees." Clothing used in artificially-controlled environments with extreme hot or cold temperatures, such as freezers, generally... Read more »
I work in a small business and when covid 19 started I had a pay cut with out any warning un till I say my paycheck short by 1200 a month. I was told I’ll get pay back my money after he gets a grant no he told me he didn’t get it and won’t give me the money I was owed in the last 2 mibths... Read more »
answered on May 12, 2020
Paycheck Protection Program (PPP) Fraud may be actionable under the federal False Claims Act. Examples of potential fraud include: (1) an employer applying for a SBA PPP loan, despite not meeting the financial criteria; (2) the employer misrepresenting its payroll numbers to obtain a PPP loan; (3)... Read more »
*No signs or symptoms, just requiring everyone to do so
answered on May 1, 2020
The EEOC has opined that employers may require COVID-19 testing for employees if conducted in a non-discriminatory manner. The DOL has opined that time spent by current employees traveling to and from required (non-voluntary) medical tests, waiting for and undergoing these tests is... Read more »
For the 1st hour to the job site and from the job site to my personal vehicle Is this legal
answered on Apr 29, 2020
But see 29 C.F.R. § 785.38 (“[T]ravel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel from the designated... Read more »
They provide no non slip mats for wet floors that they know always get wet, from ice to drinks to spills. They also don’t have good enough drainage as it’s under a fixture blocked by ice bin. It’s a kitchen. Also my back already has been hurt before so because of them not taking proper care... Read more »
answered on Apr 18, 2020
I agree with the previous responses that this may be covered under workers' compensation. In addition, OSHA recommends restaurants use non-skid mats and/or other non-slip floor surfaces in areas that tend to get wet. A complaint could be filed at www.osha.gov.
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