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Florida Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: Is it legal for my boss to continually make one employee take a longer unpaid lunch break than other employees?

My coworkers are noticing that my boss is treating me differently. It's really embarrassing and feels like harassment.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

As long as you don't need to perform work during your lunch break and the break lasts at least 30 minutes, then your employer isn't violating any wage laws. However, if there are other ways your boss is treating you less favorably than your coworkers based on a protected class... View More

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

Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I had a customer at work harass me several times and my work didn’t really do anything about it. What can I do ?

I work at a storage rental facility and a customer not only broke several of the rules but also indecently exposed himself to me and then grabbed/tried rubbing up on me afterwards. All my company did was make him move out three of his 5 units. I expressed to them how unsafe I feel when he’s... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 17, 2023

Sounds like the customer committed a crime, or more than one crime (and is there a video to prove it?). You can report it to the police to see if they will arrest the customer for indecent exposure, etc. - but you may want to run that by your employer first. If the employer would terminate you... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: I was seeing a psychiatrist for employment and to better myself instead he wrote and said horrible things about me which

Which left me traumized and suicidal not wanting to be around others anymore

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Were these statements made to a third party? Reach out to counsel for a full review of the facts. You may have a case.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I sue the owner of a company I was hired for firing me after been assaulted by a harassing employee?
Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2023

If you're asking if you can sue simply because the termination was unfair or because it makes no sense, that reason alone is probably not sufficient to support a claim, other than a claim for Reemployment Assistance (unemployment comp) (if you qualify). In Fla., if you don't have an... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Lack of communication between Walmart and sedgwick lead thembto fireme I think it's wrongful termination

Went on leave a absence from Walmart i was fired because they didn't communicate with sSedgwick company

Cynthia Pietrucha
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answered on Feb 22, 2023

I'm sorry to hear about your experiences with Walmart. I'm an Illinois attorney and handle federal employment discrimination cases and violations of federal laws. I've helped Walmart employees with this exact issue, usually by filing a federal charge of discrimination based on... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: Hired by a Federal Agency, got infected while on training, and terminated my employment. Can they just terminate it?

I was hired by a federal agency and invited for two weeks of training. I got infected with COVID on the third day of the training. They provided a hotel for quarantine. I could not receive the adequate medication that I needed from ER. The PCP advised me in Florida to travel from GA to have a... View More

James L. Arrasmith
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answered on Mar 2, 2023

It's possible that you may have a case if your termination was discriminatory or in violation of federal law or agency policy. The EEOC investigates complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information, so if you... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: My daughter is a minor working at dunkin donuts and is being treat unfairly and harras, what can she do?

My daughter is being harras by 2 employees, from being bullied because of her race, given a task that such employees don't want to do, and getting yelled at in a degrading way being threatened to get fired if she complains. This situation has her anxiety and feels that even if she stands up to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 10, 2023

If your daughter is being harassed or discriminated against based on her race, she needs to bring this to the attention of human resources and/or her direct supervisor. After the supervisor is on notice, they have a duty to either separate the employees from your daughter, or discharge them. If... View More

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

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2023

Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Question on employment law and background checks in Florida.

I live in Florida and I am curious what background reporting regulations may be (Google has too many different answers to be sure what is correct).

Almost 10 years ago, when I was barely 18, I was arrested for a couple of felonies and a couple of misdemeanors. All of my charges were either... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 14, 2022

I strongly suggest that you hire an employment lawyer to discuss this rather than ask all these very important questions here on this public website. The fee for speaking to most experienced employment lawyers is very reasonable. Search for one using the website's Find a Lawyer tab.

1 Answer | Asked in Employment Discrimination for Florida on
Q: Can I accept a settlement from my former employer in an EEOC charge that is higher than the law $ cap?

I know that in EEOC discrimination cases, financial settlement is limited based on number of employees in the company. Can the company offer a higher settlement amount than the cap limit the law has set? Such as for a company under 100 employees, but more than 15, limit says $50k. Can the company... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

Offering more than they have to would certainly be surprising. Generally, a party that has rights under the law can voluntarily waive those rights. That is a general guideline I am giving you, not a legal opinion for your particular situation, as I could not be certain of the answer to your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: What is considered unlawful termination

In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 27, 2022

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees...
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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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Q: Can I sue my employer for causing me to get yeast infections?

I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... View More

Joseph Coughlan
Joseph Coughlan
answered on Oct 10, 2022

In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... View More

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1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 3, 2022

Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Good afternoon I been working for this company for 28 years first my boss hate my religion ok my boss wrote me up becaus

Because he said that if I didn’t complete the work he assigned me by October 17th I’ll be fired

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2022

A Florida attorney could advise best, but your question remains open for two weeks. You could try reposting and adding the categories Employment Law and Employment Discrimination. Some questions do go unanswered here but you might have better chances of a response under those categories. Good luck

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My daughter is a server. The owner has opened 2 new restaurants. Can she be forced to work at a different restaurant?

The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2022

Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Is it legal for an employer to deny a promotion to a different dept simply because their current dept is short staffed?

Although a different department wanted to higher my colleague, which would have been a promotion for her, the supervisors in my colleague's current department told them not to hire her because they were currently short staffed in their department and didn't want her to leave. The staffing... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2022

Sure, it's legal, PROVIDED that the reason given for denial of promotion is not a pretext (that is, a fake reason) to mask an unrevealed reason that is prohibited by law, such as the laws prohibiting certain types of discrimination and retaliation.

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