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Florida Employment Law Questions & Answers
2 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for Florida on
Q: Why won’t a lawyer represent me in legal matters?
Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Florida attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to offer meaningful input based on the limited description. In general, attorneys might not want to handle a case because they don't see a strong case, the legal fees might... View More

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2 Answers | Asked in Criminal Law and Employment Law for Florida on
Q: Is a third party constented search of my backpack within someone else's car at work by an employer legal in florida?
Rod Caruco
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answered on May 22, 2024

That depends on the circumstances of each individual case, but it can be. There are often more lenient rules when an employer, rather than the State, seeks to conduct a search. Some factors to your question include, but are not limited to: what type of employer, reason for the search, location of... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Can a food service deduct 30mins of pay if a break is not taken?

I work part time at an ice cream stand. Owners say 30 minutes breaks must be taken. If too busy to take a break they want us to deduct 30 minutes of pay. Can a food service owner mandate a break even if you would rather work and get paid that additional 30mins

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on May 20, 2024

Since you were not injured at work, your question falls outside of workers compensation law. I think an employment law attorney or one that handles Fair Labor Standards Act (FLSA) matters will be able to answer your question.

1 Answer | Asked in Employment Law for Florida on
Q: My employer had me lie about my age

I am 16 and they told me to put 18

John Michael Frick
John Michael Frick
answered on May 15, 2024

It is never a good idea to lie because your employer told you to. There are certain limitations on the employment of minors that do not apply to adults. Depending on the nature of the document or the situation, lying about your age could deprive you of these protections and could result in civil... View More

1 Answer | Asked in Contracts, Employment Law, Tax Law and Appeals / Appellate Law for Florida on
Q: My ex husband and I ran a live shrimp company from 1997 til we divorced in 2008 .

My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:

1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax...
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1 Answer | Asked in Employment Law for Florida on
Q: Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature?

Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature? It is my understanding that as long as the date on the seal was valid at the time of signature the notarization is good indefinitely. Is that correct? If so, will you please tell me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Florida Statute 117.01 through 107.08 generally concern notaries public. No statute suggests that a notarial certificate is not "good indefinitely"; that would be absurd because no deed, will, etc. would be good for more than a few years.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out

I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 15, 2024

The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More

1 Answer | Asked in Employment Law for Florida on
Q: I worked for a doctor who is quadriplegic. I worked a month for him as his Aide, and he refuse to pay me. What can I do?

I work 6 days out of the week sometime 7, I live in Fort Lauderdale, he used to live in Aventura and lives Miami about month now. I put over a thousand miles on my vehicle in a month time, to get him up, fed, pick his meds and do his shopping. He claims I abandoned him because I had a dental... View More

Linda Liang
Linda Liang
answered on Apr 15, 2024

You can either talk to him when he is calmer and get your pay, or you bring him to small claim court. The latter cost money.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: My wife was accused of discrimination at work at Starbucks

Way they went at it I feel they violated her rights

James L. Arrasmith
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answered on Apr 15, 2024

I understand that this is a difficult and concerning situation for you and your wife. Discrimination accusations are serious matters that can have significant consequences for all parties involved. It's important to approach the situation calmly and gather as much information as possible. Here... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Is there a way for me to leave my job and stay in the country to take care of my baby?

I am on an L1A visa and my husband L2A since Nov 2022. We had a baby Nov 2023 and bought a house also. I’m not able to work full time and take care of my baby.

James L. Arrasmith
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answered on Apr 3, 2024

As an L1A visa holder, your status is tied to your employment with the company that sponsored your visa. If you leave your job, your L1A status will no longer be valid, and consequently, your husband's L2A status will also be affected. However, there are a few potential options you can... View More

1 Answer | Asked in Employment Law, Contracts, Adoption and Civil Rights for Florida on
Q: Back in 2002 did an employee from DCF have the authority or jurisdiction to preform the CPI aspect,in Polk,Fl.?

Does an employee of DCF or it's CBC entity have authority to do the performance of CPI investigations and the removing children without a warrant,to never allowing reunification.Acting as a fill in.In 2002

James L. Arrasmith
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answered on Mar 29, 2024

In 2002, employees of the Department of Children and Families (DCF) in Florida, including those in Polk County, were indeed involved in child protective investigations (CPI). These investigations are a critical part of the efforts to ensure the safety and well-being of children. The DCF, along with... View More

1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

2 Answers | Asked in Workers' Compensation and Employment Law for Florida on
Q: Pay billable after resignation that were billed months prior

I am resigning from a law firm in Florida that I have required billables (workers comp), but payment from those billable hours can take up to 3 months sometimes. Am I entitled to everything I billed for before my resignation. My firm only wants to pay what ever comes in up to my last day and... View More

Linda Liang
Linda Liang
answered on Mar 27, 2024

The answer is in your employment agreement. The question you want to ask is on what ground the firm may have to pay you until your last day. Isn't the last day normally after the resignation day?

Anyways, it seems that this is a breach of contract case. You should examine your...
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1 Answer | Asked in Federal Crimes, Employment Law and Gov & Administrative Law for Florida on
Q: the TSA is investigating a violation of the TSR title 49 CFR 1540.105 a violation of regs for civil penalty for 14,950

Test was given at my post which I failed on purpose to inevitibly quit my position at FLL now they what to file civil penalties against me. when anyone whose has failed before is just given a slap on the wrist. I would like to what actions i should take in protecting myself and if it is legal to... View More

James L. Arrasmith
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answered on Mar 22, 2024

If you are facing an investigation or civil penalties from the TSA, particularly regarding a situation at your workplace like the one described, it's critical to seek legal advice from an attorney familiar with employment and administrative law, especially those who have experience with TSA... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Wrongful Death for Florida on
Q: husband died at work I hired firm all info on the case/firm were destroyed. How can I find case info again

The company he worked for was bright future electric in Bradenton Florida his name was Ezra gross he died on 11/10/23 my name is Amy gross my birthday is 7/12/78 I have no idea what the law firms name was the only thing I can barely remember is I think they were based out of Miami area

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2024

Contact the clerk of court for the county where the case was filed and ask for information concerning the case (probably your name vs. Bright Future Electric).

1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
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answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

1 Answer | Asked in Employment Law for Florida on
Q: Can I terminate a contract that I have regret for being signed for 3days while the due date is not end
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2024

No, unless the contract provides otherwise, you cannot disavow it simply because you have changed your mind. If it fails to provide when payments are due (or, as you put it, "the due date is not end"), the payments may be due immediately; it would depend upon the other terms, or the... View More

1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
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answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if...
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