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we were given an onboard vaccination status section to fill out by January 29. Besides the uploading of card and questions about dates of vaccine and booster for those who have opted to take vaccinations, there is a question for those who have not.
It gives 3 options to answer for why not:... View More
answered on Jan 20, 2022
Under Fla. Stat. § 381.00317, a private employer may not impose a vaccine mandate unless the employees are allowed to opt out on the basis of 5 separate reasons:
- Medical reasons (including pregnancy & anticipated future pregnancy)
- Religious reasons (including moral or... View More
answered on Jan 8, 2022
Yes. Employment is at will. If your employer no longer wants you to work at home, you either take it or leave it.
I had made an accommodation request of my employers to relocate from IL to FL on account of my health being impacted by the environment in IL as well as my spouse relocating. Despite sending several emails making a plea to my director, manager and HR to the fact that I will be without a home if I... View More
answered on Jan 7, 2022
As far as I know, job abandonment is a valid reason for termination and denial of employment benefits in Florida and most other states. But to be sure you need to ask a lawyer in Illinois whether that is the law in Illinois.
It says 'insufficent evidence' for self employment for the continued payments starting Dec 27 2020. It was good enough for 2020 but then not anymore. I thought i uploaded schedule C from 2019 but apperently the DEO did not get it and so they claim i got to pay back 18x125 (not including... View More
answered on Jan 6, 2022
You CANNOT handle this giant problem by yourself. Hire an experienced unemployment comp lawyer immediately, and pay them to appeal for you.
Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... View More
answered on Jan 5, 2022
You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.
answered on Jan 4, 2022
The original agreement is probably still binding, but of course it would depend on the exact wording.
I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.
answered on Jan 3, 2022
The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... View More
answered on Dec 24, 2021
No, not necessarily; why?
Because most if not all employers do not go to the expense of doing background checks until AFTER the applicant has been "hired." It is too expensive and takes too long to run background checks on every applicant
Hello I have a question. I live in the state of Florida. I was offered a position for a new job, my background cleared and is at 100% completion with no discrepancies. I was called by the company stating I answered no to their question for vaccine. I told her that is correct and also informed I... View More
answered on Dec 24, 2021
Assuming that you never got the job you applied for. the answer is no, you have no case. Why?
Because Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no... View More
Seeing as I didn’t choose to stay home and was told to by my employer, am I still entitled to my full days pay ?
answered on Dec 21, 2021
Ahhhhhh...no.
If that is how the payroll systems work can you imagine the money a bankrupt business would have to continue paying its former employees--for not working?
I posted the truth of my firing and told my clients how to find me in a Google review under the business website. Is this actionable?
answered on Dec 19, 2021
Depends on whether your actions could be viewed as stealing your former employer's clients, which could give rise to a suit for tortious interference with contractual business relationships or advantageous business relationships. The absence of a non-compete clause may be irrelevant in that... View More
I am the owner of company A (Luxury Chocolates) & B (BizDev) and I will work as a BizDev contractor for company C (Luxury Candies). Company C provides to me full access to their portfolio of customers and wants me to sign an NDA with no time limit. What is the risk for me if company C finds out... View More
answered on Dec 16, 2021
If either Luxury Chocolates or BizDev Co. does business with any of Luxury Candles' customers, you will presumed to have violated the NDA. If they take you to court, I suspect that it would be next to impossible for you to prove that you did not violate the agreement.
I got a phone call from acouple of people I used to work with telling me that the boss has told everyone that I felled a drug test is the reason I no longer work there. After 17yrs with them. I do have recording device thats for my phone and I do have audio of them telling me this.
answered on Dec 3, 2021
First, do you recall having confidentiality agreement with the manager before you agree to a drug test? If you do, telling others breached the contract.
Secondly, is it true that you were fired for the reason? If it is not, you have a case against the employer for defamation.
You... View More
Our van was in Penske shop and swapped for box truck rental . I was fired for “ refusal to work “ when in reality I have never drove a box truck before and felt uncomfortable and unsafe doing so . Is this legal for company to fire me when this was never in the original job description or there... View More
answered on Dec 1, 2021
Is what your employer did legal? Yes. Why?
Because Florida is an “at will” state, which means private employers are free to 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... View More
I am an exempt employee (manager) and my comp bank is almost always full. Due to the nature of my work (events) I am unable to take enough time off to keep my comp bank down. My employer notified me that because I was unable to use it, I have forfeited over 100 hours. Since I can’t take that much... View More
answered on Dec 1, 2021
You are exempt employees, which means you are not eligible for overtime pay. Accordingly, any comp time offered for hours worked in excess of 40 per week falls at the sole discretion of the employer.
I was hired as a guest-service associate in 2017; it was considered a part-time position. However, from November 2018 to June 2021, I assumed the responsibilities of a receptionist with some administrative-assistant related responsibilities. I typically worked 38-40 hours a week on average, but was... View More
answered on Nov 21, 2021
For small employers, benefit plans tend to be offered on a voluntary basis: there is generally no legal requirement that small employers provide health or welfare benefits to their employees, unless your employment contract requires it or your employer is providing the same benefit to similarly... View More
I'm in South Bay Florida
answered on Nov 18, 2021
Morally, yes they should. Legally, there currently is no requirement to do so. Transit workers unions have been asking Congress to pass a Federal law requiring such hazard pay - see: https://www.atu.org/media/releases/the-atu-and-twu-to-congress-hero-transit-workers-deserve-hazard-pay... View More
After 3 years of never being docked, my check began getting deducted without being advised, is my employer in the wrong.
answered on Nov 18, 2021
No, your employer is not "in the wrong." Why?
Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”... View More
Employer is looking to change my full time base salary from 3,500 to a job by job pay until sales pick back up. Is this legal?
answered on Nov 16, 2021
As a 1099 contractor, you are not an employee but a self-employed independent contractor.
If you have an actual employment contract (rare), the contract will dictate the terms of the relationship, for how long and how much. it should also provide for rights to modify its terms.
If... View More
answered on Nov 10, 2021
Your manager can fire you for any reason because Florida is employment at will state, meaning both you and your boss can terminate the employment for any reason, unless your employment stipulates otherwise.
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