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My boss tells me June 1st UI is going to end because the state is not paying anymore. She did offer our jobs back at full-time. I told her at this tike i cant take it because my daughter is a medical child and i have to be home to care for her as the schools are not open yet. I told her i would... View More
answered on May 20, 2020
As I understand the complex new laws impacting all of your employment concerns, there is no way that you will be able to stay out on unemployment compensation if you refuse to go back to your job.
I basically live off of inhalers and would know if I had any kind of illness. I'm simply not comfortable being tested for it.
answered on May 19, 2020
Yes. 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 thing ANY employers cannot do is make any of these adverse... View More
Please keep in mind there wasnt a contract signed. I paid to move to another city where my job was located. I asked The Regional Director about stipulations on the money and was told no. The problem started when my employment ended. I am I right not to return money
answered on May 19, 2020
I believe I answered another question you asked here. The answer to this one is no, assuming the trier of fact were to believe your testimony, you are not legally obligated to return the money.
I paid my own moving fees and worked for over a month. It became an issue when I discontinued employment. My question is this legal and does my employer have grounds to ask for the money received to be returned. Can they sue ir take actions?
answered on May 19, 2020
Yes, a verbal agreement could, if the judge or jury believes the evidence that would prove that agreement, "stand up in court" and be enforced. Did you agree to pay back the relocation fees if you were to quit before a set amount of time had elapsed?
answered on May 18, 2020
As far as I know--having represented unemployed people for may years--anyone can file an application seeking U/C benefits using Florida's (very confusing) online system--or by downloading the forms and filing the documents by hand. Whether you will receive the benefits depends upon many... View More
During the lockdown they took out a loan which approved 8 weeks of pay. Yesterday when asked to come in to help disinfect I notice many discrepancies where they aren’t following CDC Business Regulations for handling the phase 1-3 process with social distancing and keeping us staff safe (Nobody... View More
answered on May 15, 2020
This pandemic situation is very difficult for everyone involved, including your bosses who are at work on the job too. You are obviously one of the best employees--or else you would be sitting at home with the rest of the employees not asked to come in.
There is nothing "legal"... View More
I work for an optometrist and lots of disinfectants are being used. I’m seeing a pulmonologist on Tuesday. If I need to continue working from home do I have any rights
answered on May 14, 2020
If your pulmonologist diagnoses you with a respiratory illness that affects the major life activity of breathing, it may qualify as a disability under the ADA. If so, you would be able to request a reasonable accommodation of working from home based on the disability. However, this is hypothetical... View More
Today my former employer received the pop loan and wants me back but at reduced hours do I have to accept even though I will make less than before?
I am in Florida
answered on May 14, 2020
Yes. Unless you go back to work you may lose your unemployment benefits--and will not be able to re-file for another full year. Be thankful you have a job.
Due to COVID-19 I haven't been back to work for about 2 months, I spoke to employer about my present situation which was out of my hands due to problems thats a temporary laid off caused me, employer was not compassionate at all, he acted very contradictory because he call me to let me know... View More
answered on May 13, 2020
Your question does not include enough information to analyze whether your employer has acted unlawfully. If the problem you mention is related to a medical condition, you may be able to seek an accommodation that would allow you to return to work, or to extend your leave from work without losing... View More
Due to COVID-19 I haven't been back to work for about 2 months, I spoke to employer about my present situation which was out of my hands due to problems thats a temporary laid off caused me, employer was not compassionate at all, he acted very contradictory because he call me to let me know... View More
answered on May 13, 2020
If you have filed for unemployment compensation and are receiving it the DEO might try to cut it off or possibly take back whatever amount received since May 11.
If you have not yet filed for unemployment compensation do not be afraid to do so; many employers are using this pandemic to... View More
I work in a small business and when covid 19 started I had a pay cut with out any warning un till I say my paycheck short by 1200 a month. I was told I’ll get pay back my money after he gets a grant no he told me he didn’t get it and won’t give me the money I was owed in the last 2 mibths... View More
answered on May 12, 2020
Paycheck Protection Program (PPP) Fraud may be actionable under the federal False Claims Act. Examples of potential fraud include: (1) an employer applying for a SBA PPP loan, despite not meeting the financial criteria; (2) the employer misrepresenting its payroll numbers to obtain a PPP loan; (3)... View More
They said they could mail the items to me but I have lamps, plants, a chair and other items that I can not even name. If I would have been told this would be a possibility then I would have removed the items. How are they going to mail them? Do I have any rights to at least have someone there while... View More
answered on May 5, 2020
This is not a legal question. IMO, you should focus on getting your stuff back and stop seeking "legal" advice online.
I manage a salon in Jacksonville, FL. The COVID-19 pandemic forced us to close. The first week our staff would be without paychecks, my boss and I discussed if he would pay us or not to help us out. (I am the one who submits payroll). He said to pay everyone 50% their average weekly pay. 3 days... View More
answered on May 5, 2020
You are focusing on a side issue rather than the main one: You employer is TRYING to save jobs. Stop trying to argue about new PPP laws that no lawyers understand yet. Go buy groceries before America's entire food chain collapses.
*No signs or symptoms, just requiring everyone to do so
answered on May 1, 2020
The EEOC has opined that employers may require COVID-19 testing for employees if conducted in a non-discriminatory manner. The DOL has opined that time spent by current employees traveling to and from required (non-voluntary) medical tests, waiting for and undergoing these tests is... View More
I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.
answered on Apr 30, 2020
Receiving unemployment will not affect your eligibility for green card.
I'm an independent contractor not eligible for state unemployment benefits. I am eligible for federal benefits. I initially filed on or around March 26, 2020. I was immediately denied for benefits because I had no wages. Shortly, I received an email stating that I need to update my... View More
answered on Apr 29, 2020
You should wait until you receive something from the DEO Unemployment Claims Division; filing multiple claims does nothing to change your status or eligibility for benefits. Lesson learned: All "independent contractors" do themselves great harm in exchange for the slightly higher income... View More
If so, will it be deducted from my present employer or past employers? If it's from my present employer, then how will they be able to afford to pay unemployment?
answered on Apr 26, 2020
Employers do not pay unemployment benefits directly; the State’s do. File for unemployment and see what happens.
For the 1st hour to the job site and from the job site to my personal vehicle Is this legal
answered on Apr 26, 2020
Probably not. You should also be concerned about insurance, both automotive and worker's compensation. If the company is not paying you for this time I would question whether their insurance carriers would pay an insurance claim.
I work on a horse ranch. Today I woke up to a sign stating that if things aren't done properly. My pay will be docked. This raised a lot of red flags for me. (Is this legal, how much money is going to be taken off my check.)
answered on Apr 23, 2020
Yes it is certainly legal for your employer to notify you (and all other employees) that they need to do a better job tending to the horses. Why?
Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and... View More
After one year a lawyer drop my case. Lawyer almost did nothing, ,I paid the retainer fee and $35 monthly
answered on Apr 23, 2020
Since you already have a lawyer we cannot interfere. I strongly suggest you stay with your lawyer, because hiring a different lawyer will send you all the way back to square number one.
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