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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Getting no response re $600.00 unemployment stimulus claim from April. Can they just stonewall indefinitely; no reply?

The state claim was declined because my erstwhile employer was a church non-profit; that was expected. The stimulus doesn't make that distinction, however.

I left, BTW, due to distancing and wearing of masks not being practiced and after her payroll service (ADP) called me personally... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 8, 2020

If you are waiting for Florida DOE to open up their phones you are going to have a very long wait. And even if you get through they will tell you they have nothing to do with the extra $600 weekly employment payments--that just stopped. Consider hiring a lawyer help you get the federal payments you... View More

3 Answers | Asked in Election Law, Employment Discrimination and Employment Law for Florida on
Q: Are you required to pay your employer back for something when you never signed a contract saying you would?

My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 5, 2020

Rather than be concerned about whether you should have to repay your employer you should be more concerned about being terminated if you refuse. Florida employers can terminate employees at any time for any reason.

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1 Answer | Asked in Employment Law for Florida on
Q: Company I work for made it manditory to work 6 days a week or u get fired
Carrie Dyer
Carrie Dyer
answered on Aug 5, 2020

Unless you have an employment contract stating otherwise, your employer can mandate 6-day workweeks for its employees.

1 Answer | Asked in Employment Law for Florida on
Q: I am paid hourly. My manager is requiring me to take & make calls & emails in my personal time uncompensated. Is this ok

Do I have a right to refuse?

Alberto Naranjo
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Alberto Naranjo
answered on Aug 3, 2020

If its work-related, no, this is illegal. Call an attorney to discuss your options to recover unpaid wages. This is a violation of the FLSA.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Florida on
Q: I felt pressured into having a brief affair with a superior at work who is like family to the owner can I get severance?

She is a family friend of the owner. I sent an email to HR and asked if this was a fireable offense. I don't want to return to work unless she resigns. She has family that works there and they said I could try to get her to resign but that wouldn't work be cause the owner loves her like... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 28, 2020

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

1 Answer | Asked in Employment Law, Tax Law, Business Formation and Business Law for Florida on
Q: Opening an online store with stickers/prints/shirts. Will be making less than 100K a year. What permits do I need in FL?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 25, 2020

You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.

1 Answer | Asked in Employment Law and Sexual Harassment for Florida on
Q: Do I have a case if a company rehires someone who sexually harassed me?

There was an shift leader who would repeatedly call me endearing names, attempt to hold my hand, hug me, and put me in random chokeholds. He eventually slapped me on the rear which was seen by cameras and another employee. I reported this to management(The GM and another shift leader. They assured... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 22, 2020

You may have a claim. Does the company have more than 15 employees? Discuss your case with counsel here in Florida about contingency fee representation which means you pay nothing unless you win.

1 Answer | Asked in Employment Law for Florida on
Q: I work for A daycare and I’m paid hourly, can my employer make me work after my set hourly schedule with/without paying?

We were told that we have to attend after work function if our employee say’s we have too! Example: children graduation. We were not paid for the function that was held on a Saturday. How does work with the labor laws. Can an employer make you work outside your schedule 8:30 to 5:30 and if you... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 21, 2020

Your employer can ask you to work outside your normal schedule, but you must be paid for this time. The general rule under the Fair Labor Standards Act is that you must be paid for all hours worked. If your employer requires you to work more than 40 hours per week, then you must be paid overtime at... View More

1 Answer | Asked in Employment Law for Florida on
Q: question about my wife's job and coronavirus.

My wife is a nanny for a couple here in Jacksonville. Earlier this year, my wife had to take off two weeks to care for our daughter who had become sick. Our daughter was suspected of having the coronavirus. The test came back negative, and the couple paid my wife for those two weeks. Two Saturdays... View More

Carrie Dyer
Carrie Dyer
answered on Jul 22, 2020

Yes, your wife's employer can request that she wait until she receives a negative COVID-19 test to return to work. Your wife should apply for unemployment for the time she has not been working.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was laid off from may job, and asked to continue working until 9/4/20 with a two paid period severance

During that time I had a auto accident and was hospitalized with injuries and surgeries, work comp is now involved and I don’t know my legal rights because being laid off prior.

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2020

A Florida attorney could advise best, but your question remains open for two weeks. A good starting point would be to try to arrange free initial consults with a personal injury attorney - and if the accident occurred in the course of employment, a workers' comp attorney. Move quickly, so... View More

1 Answer | Asked in Employment Law for Florida on
Q: What happens if employer refuses to offer a resolution after sending a demand letter for unpaid wages/retaliation?

Also, what is the typical time frame it would take an attorney to compose and send the demand letter to the employer? Thanks...

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 20, 2020

Nothing happens--at least by itself. Contact an experienced Florida lawyer who practices in the area of employment law. An initial conference (can be by email or Skype, Zoom or whatever) followed by drafting and sending a coherent letter demanding unpaid wages should not cost you more than $500. No... View More

2 Answers | Asked in Employment Law and Civil Litigation for Florida on
Q: To Whom Do I Send This Complaint/Summons?

My ordeal began a year ago- I used to have an attorney but now proceeding pro se. My attorney sent a demand letter to my former employer and reply came from an attorney who was employed by a firm at the time. Fast forward a year-I Googled the firm and the attorney is no longer with them. I Googled... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2020

You serve the defendant. It's up to the defendant to decide which, if any, attorney to retain.

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2 Answers | Asked in Employment Law for Florida on
Q: I work for a chain grocery store here in Florida. I was out for 9 days waiting on my test results to get back.

I did not receive pay. Can my company do this to its employees

Alberto Naranjo
PREMIUM
Alberto Naranjo
answered on Jul 18, 2020

If you were out sick due to COVID-19 and coronavirus testing, you could take up to 2 weeks of paid leave if you request it correctly from the company. You should document your medical leave with doctors' notes and request plus you should speak to an employment attorney to make sure you're... View More

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2 Answers | Asked in Employment Law for Florida on
Q: can i suit an employer for not paying me for work done

myself and few 100 AV techs are still owed payments from VTS Video tech Services for work done and have not been paid yet

upwards of $100,000's

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 15, 2020

Yes.

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1 Answer | Asked in Employment Law for Florida on
Q: Jacksonville FL has a mandated mask and no gatherings over 50

This has no liability if I become sick because of the company I work for neglected the precautionary measures to keep it's employees in a safe work environment. ignoring the city guidelines and the CDC. So I am forced to work for a company that has no regard for my health?

Charles M.  Baron
Charles M. Baron
answered on Jul 15, 2020

You have the option of requesting the employer to comply with the law. Of course, that should be in writing, in addition to verbally. If that doesn't work, you have the option of complaining to the authorities, who may take action against the company. You may be fired or otherwise... View More

1 Answer | Asked in Employment Law for Florida on
Q: I left my job after 25 years in feb. I was eligible and collected unemployment in Florida. I also own salon

I do not take a paycheck. I have booth renters and no employees. Am i still eligible for unemployment benefits?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 15, 2020

If you are receiving unemployment compensation from Florida you are required to report all other income received from all sources--which might disqualify you. Moreover, any U/C benefits you may have received while receiving any unreported income may have to be returned--so don't spend it... View More

1 Answer | Asked in Employment Law for Florida on
Q: My employer allowed approx 100 people to attend a inside service. I protested it fell on deaf ears what next?

This is a funeral home corporate owned. 4,700 SQ feet mask were required what can I do to make sure my family is not being put at risk? This company has no regard for the Covid restrictions I have not been back to work because I don't feel the company I work for is taking the Covid serious

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 15, 2020

The Covid-19 pandemic has changed the legal landscape all over Florida--and the entire world--in every aspect you can imagine. Unfortunately, the governor of Florida has done very little in the way of requiring people to wear masks in public places; and his inaction has caused many Florida counties... View More

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: I have spent 4 years trying to get HR to help me. They didn't trust or believe me. It took 9 people quit
Tim Akpinar
Tim Akpinar
answered on Jul 11, 2020

A Florida attorney could advise best, but your post remains open for a week. If this involved an injury (you included Personal Injury in your categories), it isn't clear from the brief description what type of injury it was. If there was an injury that arose in the course of employment, a... View More

1 Answer | Asked in Employment Law for Florida on
Q: Employment Law - if I'm self-employed (as an LLC) - am I entitled to unemployment benefits under COVID?

I am under an LLC (one member) and provided earnings for one year. My Notice of Monetary Determination shows reason ineligible because of "No Florida Wages". Under normal circumstances, I obviously would not have applied but because of Covid, I had to close my business and I thought... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 1, 2020

No one is entitled to any unemployment benefits unless the company they worked for has paid all the payroll taxes covering your employment. So if your LLC was the employee it is very unlikely that whoever "employed" you paid Florida's payroll taxes for you. If your LLC paid the... View More

1 Answer | Asked in Employment Law for Florida on
Q: Do I need a paid attorney to file a discrimination/harassment suit in Federal Court after I get my right to sue letter

From the EEOC

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 30, 2020

Not not always. Some of us work off straight contingency fee which means you pay nothing unless you win the case. Discuss your case with counsel here in Florida.

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