Lawyers, Answer Questions  & Get Points Log In
Florida Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Education Law for Florida on
Q: Is a principal isolating a teacher grounds for a suit?

I work as a teacher in a high school. A coworker made a verbal threat against me to another coworker. I filed a complaint (which was never corroborated) and the solution was that I did not have to attend our "team" meetings. By doing this, the principal isolated me from the team as the AP... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Should I get paid from the moment a phone call comes in for work to the moment my tasks are done???

I work from home on weekends an my job takes phone calls to find services techs to fix properties for businesses. Should I get paid every minute I am focusing on my job? As in waiting for techs to call me back , searching for techs online? I feel every moment I have attention to my job I should b... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2022

Unless your employer agrees to pay you for every moment you are lollygagging while waiting for the telephone to ring you are stuck with the employment deal you made when hired.

0 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask if you have any diseases or illnesses after a job offer?

I was just offered a part time job as a nurse practitioner at a clinic that I really wanted to work at. The first interview I was offered a job and a small $500 bonus. On the second meeting I was supposed to sign the papers but he added in a non compete clause and another thing and then practice... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask about medical issues after job offer?

I was just offered a job as a new nurse practitioner. During the first interview he offered me a $500 bonus in a part time position at a clinic I really like. He requested a meeting to give me the bonus check and to sign the contract, but he threw down two additional stipulations (non- compete... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2022

Nothing this prospective employer did is unlawful. You are a nurse, so it is very important for the employer to know about YOUR health.

0 Answers | Asked in Employment Law for Florida on
Q: Is it illegal for an employer to list a benefit service on their job posting and not provide it after you're hired?

I am a recent counseling grad and took a position with a non-profit company that listed "supervision available" as one of their benefits. Right after being hired I inquired about how I get connected with the supervisor since I need so many hours of supervision to become licensed. After... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it legal to fire someone who has a medical condition without a given reason

My friend who is currently going through chemotherapy was apparently suspended without pay from the company we work for because they allegedly cited he smelled like alcohol when apparently he didn't and he was suspended for also taking medication .

Rhiannon Herbert
Rhiannon Herbert answered on May 11, 2022

Florida is an at-will employment state, meaning that workers can be terminated at any time and for any reason (or no reason at all). However, if your friend suspects he was targeted for termination based on his medical condition, he should speak with a Florida employment attorney about disability... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Is there ever any amnesty for civil liens? Probably probation costs. Florida. Impact of such a lien on employment.

I am a mental health professional asking for patient. Not familiar w aspect of FL law.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

Unless you are also licensed to practice law in Florida, you have no business advising your patient about Florida law. Refer your patient to an attorney. It is unclear, by the way, what you mean by your question. Is this a judgment lien, a criminal restitution order, or something else?

0 Answers | Asked in Employment Law and Tax Law for Florida on
Q: No Social Security earnings posted. But I receive a W2. Is my employer not reporting my income to the IRS?

The IRS cut my return in half stating that I've earned not income for 2020. I've sent proof (W2, letter from my former employer stating that I did work there and earning statements for all of 2020) and still the IRS is saying that according to their records I had no income for 2020. I... Read more »

0 Answers | Asked in Employment Law, Business Law and Legal Malpractice for Florida on
Q: I was just terminated by the deacons at the church I pastor. I was in a 5 year contract. According to their bylaws, th

I was just terminated by the deacons at the church I pastor. I was in a 5 year contract. According to their bylaws, they don't have the authority to administer such a decision. Do I have grounds to sue? Does this mean I was wrongfully terminate? I was voted in by the church therefore I... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: i was arrested but wasnt charged. my employer fired me because it was on the news and social media. is that illegal?
Charles M.  Baron
Charles M. Baron answered on May 2, 2022

I basically agree with the prior answer by Mr. Minnick. There are also other potential unlawful reasons for termination, such as retaliation for making a discrimination complaint, making a whistleblower report, or making a worker's compensation claim. or if the termination breaches terms of a... Read more »

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: i was arrested but wasnt charged. my employer fired me because it was on the news and social media. is that illegal?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 2, 2022

Yes. Why? Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to... Read more »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Can I be fired during my 90 day probation period if I went to the hospital.

I work for my counties school district as a custodian I am still in my 90 day probation period. This Tuesday I was told it was ok to leave work to go to the hospital before being discharged I was told by the doctor at the hospital to not go back to work until the following Monday because they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 29, 2022

As the head custodian told you, staying home until Monday" ... should be fine as long as [you] have the hospital paperwork ...". You are probably protected by the Americans with Disabilities Act.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a privet sector employer not hire you because of who your neighbor is

My neighbor is a ex employee

Charles M.  Baron
Charles M. Baron answered on Apr 28, 2022

Depends on if the REAL reason for not hiring is discrimination based on one of the protected classes under the law, such as race, color, sex, age, religion, national origin, handicap, and some other categories. While there is usually no way to get hard proof of the real reason outside of... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Hi ! How does equity compensation work at a start up that offers it when you sign on but then gives you no further info?

When I signed my employment contract with the company I work for, my compensation package included about 5% equity in the company (25,000 class B shares). I never got additional information on this at all, just the compensation package I signed. What I signed said the equity is subject to board... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 22, 2022

The most common aspect of any "start-up company" is that the owners (those who own 100% of the common stock) work their fingers to the bone day and night, week in and week out, hoping that their (often unpaid) efforts will pay off.

The main job of the newly-hired employees is to...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can my company record me on video after work hours?

My company just installed dashcams that stay on for 10 minutes after the vehicle has been stopped. This means when I park my car at home for 10 minutes it can see everything I do even though I'm not using their vehicle or on the clock. Is there anything I can do about this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 19, 2022

No, because the privacy provisions in the Florida Constitution do not apply to private employers or private businesses.

But even if they did, it would be difficult for you to prove your privacy was invaded because the only "invasion" was via a dashcam in a vehicle owned by your...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can an employing company sue you for damages if you are behind in your work as a reconciliation processor and resign?

I started working in reconciliation/accounting/finance about 1 year ago. About 6 months in, work started piling up due to a combination of other coworkers resigning and being designated as their backups, as well as the stress affecting my health. I slowly fell more and more behind in my... Read more »

Jane Kim
Jane Kim answered on Apr 14, 2022

I am not an employment lawyer, but No, they must pay you for the time you work. If they do not like your work, they can always terminate you. They cannot sue you for damages for unsatisfactory or incomplete work, unless it is something criminal or fraud.

Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me

This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 13, 2022

There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.

1 Answer | Asked in Business Law and Employment Law for Florida on
Q: I think it is a bit of a con that Publix only offers their employees Publix's private stock rather than any perks.

Like instead of giving employees a 5% discount or something, you can invest in our company to be an "owner" of our private stock. Essentially forcing all employees to invest in the company. Even part timers have to work over 1,000 hours in a year to get enrolled into their stock... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Apr 10, 2022

This question does not relate to workers' compensation, which deals with work-related injuries.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is my employer allowed to require a mandatory unpaid 30-minute break in the state of Florida?

I currently work for a remote company and I reside in the state of Florida. I have been working for this company for a few months and the only break given was a 20 minute paid break for an 8-hour shift. They now sent out a form to sign stating that we must take a 30-minute unpaid meal break, even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2022

Yes. Florida law does not require Florida employers to give employees any breaks, period. Some do, some don't. They get to decide. Why?

Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate,...
Read more »

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: Is being offended by a required skill set need grounds for discrimination?

A firm has writers who produce English documents and work with English-speaking pharmaceutical clients, and the authorities who approve their documentation also require these in English. A leader clarified in an email to the recruiting team what skills were desired and what skills were undesirable.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 25, 2022

Exclusion from consideration for employment on the basis of not being able to communicate with the employer's clients is not employment discrimination. Nor is seeking applicants who can speak and write in a foreign language.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.