Altamonte Springs, FL asked in Employment Law for Florida

Q: Is there any legal standing in florida as an employee to mandate masks worn at my desk and cubical when people enter it.

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 can only find resources online discussing not wanting to wear a mask. I need people to wear a mask in my station.

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1 Lawyer Answer
Jay P. Lechner
Jay P. Lechner
  • Tampa, FL
  • Licensed in Florida

A: 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 conditions of your and your co-workers employment, you have the legal right to engage in concerted activity under Section 7 of the NLRA, meaning you can discuss these concerns with your coworkers; organize meetings to discuss forming a union with your co-workers; distribute union literature and discuss union matters in non-work areas during non-work times; sign a card asking your employer to recognize and bargain with your union; file grievances with the NLRB related to your working conditions; and ask other employees to support the union, to sign union cards, or to file grievance, after which, if a union is elected, the union can collectively bargain to improve the undesirable working conditions.

Bruce Alexander Minnick agrees with this answer

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