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Florida Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I received an email from the veterans affairs office for a settlement and I would like for a lawyer to look over it

I need guidance from a lawyer In reference to a settlement proposal for an EEO complaint from veteran affairs.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would I have a case if I received a job offer by phone and then was told later the the offer was receded.

When I asked why I was told I’m no eligible for rehire with no further information however during my previous employment I was never put on any disciplinary actions

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 21, 2024

No, you probably would not have a case. Employment is normally "at will", which means that an employer does not need a reason to terminate your employment.

0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: My boss is targeting me and has told a coworker that he hates me, wishes he could push me down stairs and fire me. Help!

My performance reviews are outstanding.

There is a grace period at my job but my boss specifically targets me whenever I am 2 minutes into the grace period stating the grace period only applies to payroll. He makes negative comments to other employees about me. Even going as far as the... View More

0 Answers | Asked in Employment Law and Health Care Law for Florida on
Q: As a nurse, my boss asked me to access her file so she could see her recent Xray that was done at a different office.

We have a large network of doctors and hospitals in our company. My boss was standing next to me when the xray was pulled up, and I did not look at the xray. The company IT system flagged this and my boss's manager called her asking why I accessed her records. My boss told her that she asked... View More

1 Answer | Asked in Constitutional Law, Consumer Law, Employment Law and Lemon Law for Florida on
Q: Bankruptcy Consumer Contracts Copyright Criminal Divorce DUI / DWI Employment Estate Planning
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 8, 2024

It depends on what you precisely need, most attorneys work in specialty areas, we usually handle estate planning and probate and business entity formation and related contracts, other law offices have other specialties and matters that they handle, some more and some less areas.

0 Answers | Asked in Employment Law, Personal Injury and Environmental for Florida on
Q: If I quit my job with a denied workers comp case (and put it all in writing to HR) can I then pursue PI and negligence ?

I believe with photos and documents I can prove the my employer broke a duty of care for providing a safe work environment which could have avoided my injury

1 Answer | Asked in Employment Law for Florida on
Q: A patient at my job shattered my windshield while my car was parked on company property. Are they liable to pay?

The incident was witnessed by other staff. As well as it being recorded by my jobs security cameras. I’ve filed with my job and they are now telling me to go through my insurance. They have repaired other staff members vehicles but are refusing to repair mine. I do not want to file a claim... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2024

Apparently, you are asking if your employer, not just the patient, is liable. No, you have not suggested any negligence on the part of your employer.

1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: FLORISA/SARASOTA CO.

Q: Is it illegal for home depot to post private photos and videos online without my permission? on a company web site than i was fired, as i gave no one consent and i like to sue for lost of income medical ins. and lost of bonus twicw a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

Presumably you were fired for some other reason, not because the company posted images of you online. So, whatever the reason for your firing, your lost income would not be a result of their posting of your "private" images. So, you have failed to indicate facts which would show that... View More

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What are the laws regarding termination of an emplyee contract?

My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More

Linda Liang
Linda Liang
answered on Oct 18, 2024

Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.

As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement...
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3 Answers | Asked in Employment Law for Florida on
Q: My wife was at an after hours mandatory work function and has been injured. What recourse do we have?

After hours team building time at an indoor recreational location with go carts, lazar tag, games….. she was required to sign a waiver for the establishment but nothing for work? At this time she was knocked out and ejected from a go cart and was seen by an ambulance but in an effort to save... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 16, 2024

In Florida, signing a waiver can complicate a personal injury case, but it doesn't necessarily mean she can't pursue a claim.

Waivers often limit liability for businesses, but they may not cover all types of injuries or activities. It's important to review the specific...
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1 Answer | Asked in Internet Law, Employment Law and Gov & Administrative Law for Florida on
Q: How to remove personal legal information about myself from internet
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

A Florida attorney could advise best, but your question remains open for a month. It's very difficult to remove personal information these days. There are companies that deal with individual privacy and security - you could reach out to them. Some of them affirmatively attempt to remove... View More

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: I need help with theft of wages. We haven’t been paid, and the guy offered to pay us in drugs

The guy we have been working for hasn’t paid us, and at one point had offered to pay us in drugs. There are 3 of us that haven’t been paid and his last statement was “have fun being homeless”. I have all the documents and previous payments as well as him stating what he owes each person. I... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 17, 2024

If you provided a service for this guy then he is certainly obligated to pay you. Hire an attorney to look into the details for you and provide you with guidance.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

1 Answer | Asked in Business Law, Employment Law and Sexual Harassment for Florida on
Q: Hello I am currently about to go into litigation for my sexual harassment case against my former emloyer

Since the lawsuit has been filed in Florida state court can my former small business employer (over 50 employees but under 100 employees) have my case dismissed if he went out of business and is now doing business under a different LLC and a different owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2024

No, the former employer can't have your case dismissed simply because he is no longer doing business as before.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: What is the proper form and procedure to file for contempt in the US District Court Mid. Dis of FL TPA Division?
James L. Arrasmith
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answered on Aug 31, 2024

To file for contempt in the U.S. District Court for the Middle District of Florida, Tampa Division, you begin by preparing a motion for contempt. This motion should detail the specific order that was violated, how the violation occurred, and the relief you are seeking. Attach any supporting... View More

1 Answer | Asked in Employment Law, Personal Injury, Tax Law and Workers' Compensation for Florida on
Q: FL landscaping company refuse to fix air conditioning in company vehicle for years suffering workers

Landscaping company refuse to fix company vehicle with no a/c these landscapers are already working in hot conditions but on top of that to get into a car that has been sitting in the sun and to drive to the next location every day with no a/c?? On top of that I reviewed pay-stubs and found out... View More

James L. Arrasmith
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answered on Jul 30, 2024

It sounds like you and your coworkers are facing some difficult conditions with the company's refusal to fix the air conditioning in the vehicle. Working in the heat all day and then having to drive without A/C can be very uncomfortable and potentially unsafe. You have the right to a... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am on long-term disability through my employer. The company that manages the benefits is UNUM.

I am trying to understand if UNUM has the power to interpret the terms of the policy freely. Specifically, if a glossary term is defined in the policy, do they have the power to interpret that term how they want to determine eligibility.

The policy certificate states the the benefits are... View More

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An attorney who has experience with ERISA plans could probably advise you best here, but your question remains open for two weeks. As a general matter in insurance practice, the underwriters and claims departments do have the power to interpret the terms of a policy, as do attorneys who represent... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am a salaried employee in FL. Can my employer reduce my hours and deduct my wages, if I am able and willing to work?

Until June 3rd, I have consistently worked well over 40 hours per week. I have been reduced to 15 hours a week starting on 6/3/24. This is because of a reduction in workload. I will resume 40 hours again on 7/22/24. As an exempt employee who is ready, able and willing to work, is it legal to... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

If you have a salary, not a hourly wage based employment, you should have been received the same salary. Make sure you have an employment contract saying you are a salaried employee.

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