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Florida Employment Law Questions & Answers
4 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can my job force me to get a COVID-19 vaccination?

I am a remote worker based out of Tampa, Fl. I am assigned to a medical center in Barre, MA. I am actively trying to become pregnant and there is not enough data on how COVID can affect my pregnancy or child. Not to mention long term affects of the vaccine itself. As a healthy 30 year old female... View More

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Nov 18, 2021

To clarify the previous responses, the Florida legislature has passed a bill that will prohibit a private employer from imposing a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out on the basis... View More

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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer keep my tip?
Michael  Mayoral
Michael Mayoral
answered on Nov 5, 2021

The basic rule of tips, under federal law and state law, is that they belong to the employee, not the employer. Employers may not require employees to hand over their tips unless one of these exceptions applies:

1) State law allows the employer to take a tip credit. Some states allow the...
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1 Answer | Asked in Employment Law for Florida on
Q: In Florida can my employer demand that I drive my car to a jobsite in another city?

I am told I need to drive my own car to report 30 mins extra to a site thatI do not normally report with no compensation.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 31, 2021

Yes. Many employees drive their own cars to work and are not paid for their driving time. If you don't like it, get another job.

1 Answer | Asked in Employment Law for Florida on
Q: Is my employer in florida suppost to send all employees in a work accident to get drug tested and checked for injuries?

two employees crashed into each other. Want to know if by law employer had to send both employees for drug screen and medical evaluations?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 31, 2021

Your employer can do whatever they want. Why?

Because Florida is an “at will” state, which means private employers are free to require drug testing before or after they they hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at...
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1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Does workers' comp cover travel to and from a work location that isn't my main designated place of work?

Contract employer wrote this in offer: "annualized salary of $100,000 (based on working 40 hours/week) + annualized bonus $10,000 (based on working 40 hours/week) and company offered benefits-The annualized bonus covers any expense that may incur as a part of fulfilling job including but not... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 24, 2021

I'm not sure your question belongs in the workers' compensation section as I don't see anything about you being injured on the job. However, if you were injured, you should look into a free consultation with an attorney licensed to practice law in Florida and who regularly handles... View More

1 Answer | Asked in Employment Law for Florida on
Q: My employer fired me today for comment on a post on social media during off time.

The comment was about genders and someone did not like my answer so the person went through my profile, found my employer and reported me for transphobia. Can I do anything?

Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

Generally speaking, private companies and employers can fire an employee for what they post on social media. However, in general, employers cannot fire you for posting:

1) Truthful statements about working conditions, like harassment or unsafe working conditions.

2) Comments that...
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1 Answer | Asked in Employment Law for Florida on
Q: I was fired for expressing my views on gender in am the comment section of a private Facebook post. Anything I can do?

It was a in a private Facebook group. Someone contacted my employer stating I was transphobic and it resulted in my termination.

Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

A: Generally speaking, private companies and employers can fire an employee for what they post on social media. However, in general, employers cannot fire you for posting:

1) Truthful statements about working conditions, like harassment or unsafe working conditions.

2) Comments that...
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3 Answers | Asked in Employment Law for Florida on
Q: Can my boss fire me for working from home without a sitter for my children?

I work from home and I dont have my kids in daycare because I am home with them. My boss found out and got upset

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2021

Sure; with some exceptions (that don't apply), your boss doesn't need a reason to fire you.

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2 Answers | Asked in Contracts and Employment Law for Florida on
Q: I have taken a job and signed the contingent offer. I met all of the requirements but the company rescinded the offer.

I was told by email from the CEO that I was on payroll as of August 24th 2021. Not only have I declined all other offers at that point, I work in an industry where it is not easy to find a new position quickly. They have since rescinded the offer and are telling me to return the relocation money... View More

Linda Liang
Linda Liang
answered on Oct 10, 2021

Do you have a question?

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Got hired, took a drug test and heard nothing back. Worked for 3wks & got fired for failing dt. Anything to be done?

I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2021

So you are saying that you got fired for apparently smoking marijuana shortly before reporting to work. What you could do is apply for another job and, if hired, not report to work stoned.

I don't understand what the three week delay has to do with anything; it apparently took that...
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1 Answer | Asked in Employment Law for Florida on
Q: Can I get terminated from my employer for violation of policy without any knowledge of what policy I violated

I worked at my employer for 8 years I came to work one day I was feeling completely fine I was told to put up start in a walk-in cooler I sneeze a few times I told my supervisor I was not feeling good she call me into the hr office they gave me a rapid covid test which was negative they put me on... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 7, 2021

Check with the union to see if your employer has violated the union contract.

3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 2, 2021

You didn't ask a question.

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2 Answers | Asked in Employment Law for Florida on
Q: I have a question about being fired today

I was fired for conflict of interest. This is because my husband went to work for a competitor

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 12, 2021

I agree that you can be fired for almost any reason in Florida (barring some exceptions). It does seem like this was a legitimate reason for termination as, maybe, your employer has some trade secrets that it doesn't want to get into its competitors hands. I'm not saying that you would do... View More

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1 Answer | Asked in Employment Law for Florida on
Q: Can I sue an employer for not hiring me?

They have all of hiring paper work with information such as my ssn etc. I have been in contact with someone since June and she keeps “sugar coating” reasons why I haven’t started

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 27, 2021

Sure, in America anyone can sue anyone else anytime over anything. However, you will not win if you do. 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...
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1 Answer | Asked in Employment Law for Florida on
Q: Does Amscot have a case for violation of non compete clause if you get job at a bank?

Amscot isn’t a bank, it’s a check chasing store, cash advance and bill payment place.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 22, 2021

Probably not; however, I cannot advise you properly unless I see a copy of the non-compete clause itself.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer just spring on their employees "all calls wil be recorded and data extracted with AI to improve metric

I work for an online university, ben here 6.5 year now the admin coming up with AI "data extraction" but not telling us who extracts data, where does it end up, who analyzes the data to improve outcomes. I work with students across the USA and approx 25 % of all calls are documented as:... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

Yes. While you are working and using the employer's phone system or receiving the calls, the conversation is not private or confidential as against the employer because at the time you are the employer- you are not taking the call as an individual. The warning about possible recording is to... View More

1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: If an employer forces you to take the EUA Pfizer and does not have the FDA pfizer, are they held accountable? Is pfizer

Held accountable for any vaccine injuries?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

Were you injured in any way allegedly due to the vaccine? It appears not, so I think that this question is a little premature to be asking until and unless something does happens. The only thing that I can say is that you should document everything in the meantime. Don't go looking for... View More

1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: I want to know if I can do something since I came with a life plan for me and my daughter

A cleaning company brought me with a tourist visa to work for 700 dollars a week over time, I accepted and came to South Carolina, they paid me 11.50 an hour and they charged me rent and transportation, they offered to return the investment. of the tickets and they did not, they fired me from work... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 4, 2021

I'm not exactly sure what you are asking. You want to file a complaint for what and to whom? Do you mean you want to sue the cleaning company for not paying you something? Did you have a contract with this cleaning company? Did they pay you anything? A lot more information is needed to provide... View More

1 Answer | Asked in Employment Law and Libel & Slander for Florida on
Q: Hello, Can a prospective employer be sued for rejecting a candidate based on hearsay or negative, unsubstantiated

comments from one of their own employees?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2021

You mean sued successfully? Probably not. The prospective employer doesn't need any reason not to hire; employment is "at will" of the employer.

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