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Florida Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can I be fired because I need a break to monitor my blood pressure

Asked for break to check blood pressure made to wait more than hr had to take a few hrs and 3 pills to bring down asked if I need to return to work they told me no stay home. Next morning was fired cause of health concerns

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 5, 2021

Although your health-related situation might afford you some protection in the workplace if all statutory requirements were met first, the facts as presented here do not appear to satisfy applicable law. Why?

1. Because Florida is an “at will” state, which means private employers are...
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1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Q: Can a contract be voided if you was under the influence?

I don’t remember signing my workers compensation contract after the day I got out of the hospital. I was completely drugged up because I got ran over by a garbage truck. So that means that one of the workers compensation employees had to come by to get me sign their documents. Can I get out of... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 5, 2021

You could certainly try. To have a valid contract, you cannot have an impairment causing you to lack the required capacity to enter into a legally-binding contract. Basically, you must be mentally competent, and being drugged up could possibly cause you to temporarily lose the necessary mental... View More

1 Answer | Asked in Employment Law for Florida on
Q: Employees of a private university in Florida are REQUIRED to give at least one month's notice if they take another job.

This refers to a private university with an enrollment of >15,000 students. Employees must give at least a full month's notice if they decide to leave and take a job somewhere else, instead of the traditional 2 weeks' notice. Employees who give 2 weeks' notice instead of a month... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 3, 2021

(Please remember this advice and pass it along to all your friends):

1. Florida is an “at will” state, which means PRIVATE employers are free to recruit, hire, transfer, promote, demote, suspend, reinstate, fire--and then rehire--employees for any reason at any time, i.e., “at...
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1 Answer | Asked in Employment Law for Florida on
Q: I am concerned about a non compete agreement in a job offer.

The company is an engineering consulting firm that works with medical device companies, including most of the big name medical device companies in the US. The noncompete says that during my employment and for 1 year after I cannot work for any Client of this company, any competitor or their... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 1, 2021

Although Florida law allows most employers to use non-compete clauses in their employment agreements, the non-competes must be "reasonable" in scope. ("Scope" includes the kind of work, the distance and the time involved.)

For example, Florida employers cannot impose a...
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1 Answer | Asked in Employment Law for Florida on
Q: Can I sue my general manager forcing me to come in when I didn’t feel good

The other day my stomach was hurting me and I text my boss about it and she text back and said I have to take some pain medicine and show up for my shift and there is no one to cover it and i have to be there even if it’s just until a next manager gets there

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 1, 2021

Sure, you can sue your GM-- and every member of his extended family--if you have a bunch of money; but you will lose the lawsuit. Why?

Because Florida is an “at will” employment state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire...
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1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: Is it possible to expunge or hide a misdemeanor from an employer in Florida?

Petty theft, first and only charge 8 years ago at 19. I haven't been arrested or charged for anything since. Wanting to know to avoid any awkward questions in a job interview.

Henry George Ferro
Henry George Ferro
answered on Jun 29, 2021

It depends on a number of different factors that are covered by Florida law…go on the FDLE website in the FAQ section. If you don’t find it there, consult with a local criminal lawyer (he/she may charge you a consultation fee).

1 Answer | Asked in Employment Law for Florida on
Q: I got fired without hearing my calls they stated it was background noise on and i never received a separation letter

I worked in a call center and got fired on the 18th from background noise , i asked can i hear the call and they stated it would be emailed to me but never was and i never received a separation letter from the job as well

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 29, 2021

Florida is an at-will employment state, meaning the employee or the employer can terminate the employment relationship at any time and for any reason. Thus, your employer is not required to give you a reason for your termination or notification of your termination via a separation letter. However,... View More

1 Answer | Asked in Employment Law for Florida on
Q: Is this legal, and if not, what can I do about it?

I received a company letterhead, dated June 28th, that I would receive a pay-cut on July 28th. Surprise to me, the pay-cut had started today, despite the letterhead officially stating July 28th. Is there anything I can do about this?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 28, 2021

Sounds like a mistake to me. And since today is June 28, it appears the letter should have told you today is the day.

1 Answer | Asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida on
Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Jun 28, 2021

For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was required by my job to get an A.D.A. my issue has back. New leadership HR says they can't find my documenton

I was required by my job to get an A.D.A. a few years ago and an update last year. I was contacted by HR and advised that they have lost my documenton possibly when transferring and are requesting I provide the information for a 3rd time. They have no idea what happened. Not advised it was a... View More

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

Stop asking lawyers what to do and spend your time getting copies of your paperwork--and make copies this time.

1 Answer | Asked in Employment Law for Florida on
Q: I quit my job and forfeited 140 hours PTO. Looking to get reinstated, can I get my time back?

The company had made a policy regarding PTO. They do no pay it out if you leave or you’re fired. I had left (five weeks ago now) for what I thought was a better job opportunity, however it is not and I am looking to get reinstated by my former employer. There’s nothing in their policies... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2021

Experienced lawyer speaking:

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls.

Therefore, I am tightly constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your...
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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: If I work for a company based in New York can thry force me to get a COVID vaccine? If I do not go to the NY office?

Saying all employees need a vax or they will be terminated.

Charles M.  Baron
Charles M. Baron
answered on May 18, 2021

Somehow, you directed this inquiry to Florida attorneys. Start over and direct it to NY attorneys.

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1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: I lodged a discrimination complaint about my manager and had received 2 discipline statements since. Retaliation? Or not
Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2021

In order to constitute retaliation, a complaint of discrimination must result in what's called an "adverse employment action." This is a legally defined term and includes such actions as termination, demotion, a cut in pay, or a transfer to a less favorable job. However, disciplinary... View More

1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Can I get some advice about workplace retaliation?

My manager wrote a counseling statement on me shortly after I accused him of singling me out due to my age.

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on May 9, 2021

Both federal and state law prohibit an employer from retaliating against an employee for objecting to unlawful age discrimination. There a number of factual issues that would need to be addressed before anyone could provide "advice" on this matter.

1 Answer | Asked in Employment Law for Florida on
Q: I got a hand injury at work today do to use a mixer that the lid was broken.

I let my employers know days before that the mix lid was broken they did nothing about it today the lid fell and crash my hand. Tho the injury is not to bad. But I fell like I shouldn't of been made to use it. Is there any thing I can do about it?

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

You could report your employer to the authorities.

1 Answer | Asked in Employment Law for Florida on
Q: Writ of Garnishment of wages, dissolved 01/04/2021, job notified. 04/05/21 a Writ of Garnishment was delivered to my job

A Writ of Garnishment of wages was dismissed 01/04/2021 and info was sent to my employer 01/04/2021. On 04/05/21 , a Writ of Garnishment was delivered to my employer for the same dissolved case and my employer has garnished my wages. My employer is refusing to cease the garnishment of my wages... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 30, 2021

You cannot get rid of the new writ by complaining about it to your employer. They MUST obey a judicial order, and will not listen to your lamentations. The only way to stop the new writ is to stop it in the court.

1 Answer | Asked in Employment Law for Florida on
Q: time card

Was asked by employer to work during furlough 

What's told I would be paid cash because of Furlough 

I tried for 6 months to Get paid for that time

7 months later they took away vacation time that I had already  taken and been paid for and replaced with the hours... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 26, 2021

And do you have a question?

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer who terminated me contact my other current employer and disclose my termination and reason?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2021

Yes. But your previous employer had best be careful or else face a defamation suit.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: My current employer is changing hands, can the new employer not hire me due to credit issues faced face during COVD 19?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 20, 2021

Yes, your employer doesn't need any reason to not hire you.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Maternity leave benefit question.

I am working for the company that has maternity leave benefit. But when I requested maternity leave, they denied it and told me that I am actually working for different entity, and that entity doesn't have this benefit. I checked my W2 form and in there name of the company that has maternity... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 6, 2021

You can try pointing out the discrepancy in company names to HR; it's possible they just made a mistake when denying your application. If they still deny your claim, you can apply for FMLA leave to use for the birth of your child and recovery period if you have worked for your company at least... View More

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