The issue is whether, at the outset, there was a meeting of the minds on who the parties are and the material terms of agreement. If you have that, minor technicalities such as you mention likely would be deemed to be irrelevant.

Probably, yes. Involuntary servitude has been illegal (and unconstitutional) for more than 150 years.

Yes, all non-public employers in Florida can change their mind about who to employ. Why?

Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e.,... View More

Yes, you can be terminated for not working because a doctor's note or excuse does not have the force of law.

However, you may be entitled to file for unemployment benefits because--under these circumstances-the reason they terminated you will not be considered. as "misconduct on... View More

Under the FMLA, an “equivalent position” is defined as, “one that is virtually identical to the employee’s former position, not only with respect to pay and benefits, but also working conditions, including privileges, perquisites and status." So it sounds like the working conditions... View More

Typically if you get paid to do work for somebody else they own the product and all intellectual property attached to it.

If you started the project under them and you were getting paid, most likely they are the owners.

Talk to them and consult with an attorney to understand your... View More

The answer to this question is going to be governed by the terms of your severance agreement with the company. If there is a provision in the agreement that states you will need to repay your severance if you become re-employed with the company within a certain timeframe, and your re-hire date... View More

You mean asking an employer that you're thinking of working for in the future whether, in the event they ever go out of business, they'll give you a severance pay package? Same as proposing anything else for your compensation and benefits; you can propose anything you feel like. Beware... View More

As long as the employees are made aware that there are cameras watching there is nothing illegal about it.

It is not illegal for an employer to trick you into coming in to work without telling you your first day would be a "trial period." However, it IS illegal for them not to pay you for the time you actually worked.

If you are not paid for the hours you worked you should report this... View More

You did not ask a question, but I assume your question is, "Can I make a claim?". Probationary termination cases are tough, since the employer needs no reason whatsoever to terminate, but at the same time, the your race, sex, age, national origin, etc. cannot legally be the reason for... View More

In a sense, yes. This is always a tough decision. If you ever need to bring a claim against your employer based on your disability but did not disclose to them you had the disability, your claim may be jeopardized.

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... View More

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to give definitive answers to the scores of questions being posted by askers about the... View More

There are several "related" issues here, the most important of which appears to be your PTO; so let me answer that question and then leave you with two other responses I see might be applicable here.

1. PTO: Being allowed to take PTO when you want it and being entitled to... View More

Unless you have an employment contract you have no options. Why?

Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only... View More

If the reason is race-based or other class-based discrimination, you should follow up

Most likely. Whether an individual is properly classified as an employee or independent contractor is based on numerous factors, but the most important factor is the alleged employer's ability to control the manner in which you perform your work. Since the owner controls both how much you can... View More

If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... View More

A Florida attorney could advise best, but your post remains open for a week. This sounds more like a workers' comp matter than a personal injury matter - it appears to have a connection to the course of your employment. You could reach out to a WC attorney to discuss. Many WC attorneys offer... View More