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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Inconsistent Discipline

I was suspended for something in 2017, and I made adjustments, at great cost, to be compliant and avoid further problems.

I am now seeing the same issue that I got suspended for a LOT at my workplace. It's happening so often that I cant believe management doesn't know about it.... View More

0 Answers | Asked in Employment Law for Florida on
Q: Employer Disciplined to Avoid Complaint

This one is a doozy. In 2017, I was suspended from work for a day due to something my wife (a non employee) did during non work hours. I didn't fight it. I just served the day and we made adjustment to show we were attempting to comply. According to the Handbook, I had 10 business days to file... View More

0 Answers | Asked in Employment Law and Government Contracts for Florida on
Q: Employee Handbook as part of a Contract

My employer has a long handbook (85 pages single spaced front and back!). On the first page of the handbook, there is language instructing us not to read the handbook as part of a legal contract. That is somewhat standard, but. . .

We have a clause in our employment contracts stating that... View More

0 Answers | Asked in Employment Law for Florida on
Q: If taken to court, will the judge rule in my favor or against me given the following precedent: Compere v. Nusret Miami.

Based on this precedent, Compere v. Nusret Miami, LLC, No. 20-12422 (11th Cir. 2022), if a tipped employee in the state of Florida was paid under a minimum at 6$ an hour from June 2021- July 2023, and from the tips which the restaurant is now claiming is a "service charge," the same... View More

0 Answers | Asked in Employment Law for Florida on
Q: I was just wondering if I could sue the preschool I work at and that my daughter attends to?

I have proof of accident reports of the children hurting me and my daughter being hurt. They have denied me time off for important things I had to do like go to my daughter's surgery, but I went anyway and then my boss said she never denied me.

1 Answer | Asked in Employment Law, Workers' Compensation and Wrongful Death for Florida on
Q: husband died at work I hired firm all info on the case/firm were destroyed. How can I find case info again

The company he worked for was bright future electric in Bradenton Florida his name was Ezra gross he died on 11/10/23 my name is Amy gross my birthday is 7/12/78 I have no idea what the law firms name was the only thing I can barely remember is I think they were based out of Miami area

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2024

Contact the clerk of court for the county where the case was filed and ask for information concerning the case (probably your name vs. Bright Future Electric).

0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it permisible for a CRA to ask for more info on a Nolle Prosequi from 17 years ago and copy the employer?

Pre employment background check and screening. Disclosed participation in pre trial diversion and also advised the Georgia record was restricted. The company asked more probing questions and copied the employer on the email. Is this a FCRA violation?

1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
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answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

James L. Arrasmith
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answered on Mar 9, 2024

If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take... View More

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0 Answers | Asked in Employment Law for Florida on
Q: In FL is a terminated HR Manager required to speak to the employer's attorney regarding a WC or discrimination lawsuit?

A WC or discrimination lawsuit has been filed by a terminated employee and my previous employer who terminated me is asking me to speak to their attorney or possibly be subpoenaed regarding this ex-employee. In addition, this employer has suggested that he could possibly change his mind in regards... View More

0 Answers | Asked in Employment Law for Florida on
Q: EMPLOYEE CONFIDENTIALITY AND INVENTION AGREEMENT

I would like ti understand what it is about and if any of my own rights are an issue?

1 Answer | Asked in Employment Law for Florida on
Q: Can I terminate a contract that I have regret for being signed for 3days while the due date is not end
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2024

No, unless the contract provides otherwise, you cannot disavow it simply because you have changed your mind. If it fails to provide when payments are due (or, as you put it, "the due date is not end"), the payments may be due immediately; it would depend upon the other terms, or the... View More

0 Answers | Asked in Employment Law for Florida on
Q: Can I sue for mismanagement?

I used to work for a former employer as a project manager making 40 hours per week back in July. On one of my paychecks I forgot to mainly put in my 40 hours so I was over $500 short. I asked if there is a way to correct it no response. The next week I had worked my 40 hours and was able to be on... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can Recruiters/Assistant Recruiters at an Employment Agency Be Guilty of 18 U.S.C. Sec. 241, Conspiracy Against Rights?

from Jacksonville, Florida, and I was just wanting to ask a rather intelligent, simple or not-so-simple question. To further refine this question: Can Recruiters or Assistant Recruiters at an Employment Agency for the Generally or Creatively Employed Be Subjected to the Jurisdiction Therein, citing... View More

0 Answers | Asked in Employment Law for Florida on
Q: Is an employee handbook part of a contract when the employee has to sign agreeing to follow it to have a contract?

My employer's handbook states that we should not treat it as part of a legal contract. But we have to sign one document saying we read and agree it, then a phrase about abiding by it appears on our employment contracts?

Is it not proper to assume the handbook is in this case part of a... View More

1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

0 Answers | Asked in Employment Law for Florida on
Q: Can I sue my job for terminating me because I threatened to hit another employee back after she threatened to run me ove

Long story short. A girl threatened to run me over with her car and call her people on me and “accidentally” spit on me all because I told her not sit in my seat . All happening while I’m pregnant . HR sent me an email stating I’m terminated because I said “I’ll hit you back” and... View More

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