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Florida Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can you solicit without a permit if what you're selling is under $25?

I'm a 16 year old wanting to go door to door selling a service or a product.

I want to go door to door selling a no soliciting sign, pretty ironic right.

I'm not sure where I saw it, but I saw that if what you're selling is under $25 you're not required to get... Read more »

0 Answers | Asked in Criminal Law, Employment Law, Agricultural Law and Business Law for Florida on
Q: What crime involves false expiration date and "N/A" on a signature line as ID verification to deliver liquor to adult?

The adult who accepted the alcohol delivery did not provide their ID so a falsified Driver's license expiration date was used and "N/A" was signed on the signature line, instead of the person's signature, into the ID verification system.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Personal Injury for Florida on
Q: I went to home Depot yesterday was threatened with bodily harm and being shot by an employee I have a witness a writte

I reported it to home Depot had a written statement which I could barely write and reported it to the police also have an eyewitness who report has a written statement as well

Charles M.  Baron
Charles M. Baron
answered on Mar 3, 2023

And your question is? Whatever action, if any, you are looking to do or wondering if you can do, send in a new post that asks what is on your mind, so that those who see your post may be able to guide you. If your only question happens to be, "How can I find a lawyer to help me?", you... Read more »

0 Answers | Asked in Employment Law for Florida on
Q: What are my rights and options to being over charged for uniform deductions that exceed the cost of the uniforms?

Employer states it was advised that no refunds/returns would be accepted. I requested more information on where I could find that. Even after I told them to stop deduction they stated they will not. I do not recall signing anything or seeing anything on their website pertaining to this issue. I... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer require using PTO days for holidays when office is closed?

Employer moving to a PTO system and no longer have paid holidays, vacation and sick leave. However, required to use those days for federal holidays when offices are closed. No option for working those days. Will be written up if PTO hours are not available to use.

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 28, 2023

There are no federal laws that require employers to offer any paid time off benefits. Under the Fair Labor Standards Act, employers are only required to pay their employees for the time they actually work. As a result, employers have a lot of discretion regarding paid time off policies if they... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... Read more »

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... Read more »

0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Write up for taking FMLA time

I took FMLA leave several times due to falling sick. I gave my employer “practical notice” in terms of timely notice, as I couldn’t predict being sick. Before a decision (approval/denial) was made on my FMLA (during the documentation submission time frame and then the 5 day processing to... Read 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
Cynthia Pietrucha
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I am a 1099 contractor a company I subcontracted for is now trying to sue me.

A company I worked with has filed a lawsuit against me saying I owe them 50,000 dollars, as well as asking for alot of other information. I don’t have any money how do I get help with this?

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2023

Are you an individual contractor, or you have a corporate or LLC entity? If you have an entity that is officially the contractor, you are required to have an attorney represent the entity in any court above small claims court, and if you don't have an attorney, the plaintiff will quickly... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can a 16 year old get a solicitor permit in Florida. What would happen if I solicit without one?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 18, 2022

Interesting question, actually. Florida Statute 501.022 requires such a permit but excludes minors (persons under the age of 18) from having to get a permit if they are under the supervision of a permit holder. But being a minor is not included in the grounds for denial of a permit. So... Read more »

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... Read 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 Law, Workers' Compensation and Cannabis & Marijuana Law for Florida on
Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?

My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... Read more »

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 8, 2022

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Need Job transfer due to medical reason, company is wanting to pay me less then what I was getting paid before w/ 10 yrs

My Dr. stated that I need to change my job role in my company due to medical issues that could worsen if I stay in the same role. The company I work for has been working to change me roles for two years (couldn't collect unemployment or disability for some reason). They called today saying... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 6, 2022

You should contact a Florida employment attorney to discuss this situation further, as this will be a highly fact-intensive situation. While the Americans with Disabilities Act permits you to request accommodations - including a position reassignment - your employer need not maintain your same pay... Read 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... Read 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...
Read more »

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.

3 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Is there a way to get my employer to tell me what I was accused of, by a third party, to be terminated?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2022

Actually, I wouldn't plan on suing the employer. Employers generally can fire their employees if they want to; they don't need a reason. But if someone else defamed you, you might sue that person if, by taking the deposition of the former employer, you can learn the identity accuser,... Read more »

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