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Florida Employment Law Questions & Answers
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.

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

James L. Arrasmith
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answered on Mar 9, 2024

If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take... View More

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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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1 Answer | Asked in Employment Law and Banking for Florida on
Q: My girlfriend has been offered a job but it seems like a scam.

My girlfriend has been offered a job but it seems like a scam. They sent over a check for her to buy some equipment so we’ve deposited it but now the employer seems very sketchy. She has not filled out any formal agreements or given any important personal info. They are asking her to buy 2 Apple... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that your girlfriend received a job offer that seems suspicious. Depositing a check and being asked to purchase equipment or vouchers for work is a common tactic used in scams. It's wise that she hasn't provided any personal information or signed formal agreements... View More

1 Answer | Asked in Employment Law for Florida on
Q: Am I entitled to pay for suspension turned into unpaid leave after being exonerated of alleged misconduct?

I work as a maintenance technician at an apartment complex.

On Thursday 18th January, iwas placed on 3 days suspension pending the results of a drug screening. I was out from work for 6 days. On Wednesday 24th I was told by the HR manager that I was infact on unpaid administrative leave. At... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

Generally speaking, if you’re working for a private employer, they can do what they want. If you had a contract at guaranteed you income, then I think you have a potential claim.

1 Answer | Asked in Business Formation, Business Law and Employment Law for Florida on
Q: Is a person who has their own business, working as a 1099 independent subject to a non- competition contract?

I have an LLC, EIN, business license and taxi. All of which I had while working with yellow cab of Sarasota. I payed them a portion of my wages for Dispatch services. Soon after I began working with yellow cab, I was made to sign a very basic non- competition paper. All along i was a 1099... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Jan 29, 2024

There are many variables here, starting with who signed the non-compete agreement, i.e., whether it was done in an individual capacity or whether it was signed on behalf of your company. A contractor in Florida likely could have a non-compete enforced against him/her, provided that the hiring... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

1 Answer | Asked in Libel & Slander and Employment Law for Florida on
Q: Can you sue for defamation of character if you are fired after a customer lied about you?

If a customer lied and said that you were rude to them so you were fired. Now you have to put on future application that you were fired. The customer lied about the whole incident.in Florida. I have never had any complaints about me being rude

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The tort of slander prohibits someone from publishing or making a false statement or defamatory statement, known to be false. So while you could make a claim against the customer, a matter of opinion isn’t going to help you if that’s the customers opinion. How would you ever prove the customer... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: CAN I WORK AGAIN IN USA IF I GOT DEPORTED FROM ONE CRUISE SHIP ?

Hello everyone .I was working for a cruise line later on i was deported and escorted back home concerning some depression issue.Will i be able to work for some other cruiseline in the USA ?

James L. Arrasmith
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answered on Jan 24, 2024

The ability to work again in the USA on a cruise ship after being deported depends on the specific circumstances of your deportation and the current state of your visa or work authorization. Deportation can have significant impacts on your eligibility to re-enter the United States and obtain work... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I feel I have been harassed due to FMLA/accident or a sexual harassment case that is over now.

In the beginning/middle of last year I had a sexual harassment claim against the CEO of the company I work for. He was a predator. He harassed 2 other women before me and they were given a gag order and paid. He should have been fired then and wasn’t. I got it worse. I didn’t want this... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 21, 2024

I do believe this is worth following up with an attorney on.

1 Answer | Asked in Employment Law and Health Care Law for Florida on
Q: If the LLC members besides yourself are over the age of 65, is the LLC eligible for group health insurance?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 29, 2023

That would be a question for an insurance agent.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can i join the aryan freedom network and be at risk of being fired from my job if the job doesn’t like the belief system
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 26, 2023

In general, yes. Employment is normally at the will of the employer.

1 Answer | Asked in Employment Law for Florida on
Q: If I work in an office with set time and days am I contracter 1099?

I got hired and my employer does 1099 instead of w-2. I heard this is illegal and wanted to check.

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, whether you are classified as an independent contractor (1099) or an employee (W-2) depends on various factors related to the nature of your work and your relationship with the employer. The primary distinction lies in the degree of control your employer has over your work. If your... View More

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was involve in a roller accident early morning driving a semi due to a blown tire company will not give me details.

I did drug test alcohol test but still was terminated. Trailer roll over I follow all instructions and directions. They still will not tell me why I was terminated. They said it was best to part ways because of insurance liability. I received no tickets. I Had minor left shoulder pain. No tickets... View More

Angelo "Tony" Marino Jr.
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answered on Dec 4, 2023

You are entitled to workers' compensation benefits if you sought or seek medical attention and are unable to work. You should contract an employment lawyer in your area.

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1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

1 Answer | Asked in Employment Law for Florida on
Q: Someone gets hurt at work (rotator cuff requiring surgery). Is employer required to pay lost wages until return to work?

Doctor put "no use of left arm and no driving." It is illegal to drive with arm in a sling in Florida. Person cannot move arm to dress correctly for work (food service), cannot put hair up in hair net, cannot even tie shoes, yet the employer is saying that person can work and can be... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

Yes, that person would be entitled to a substantial portion as defined in Florida Statute 440.15 (2) of his or her lost wages.

1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: can a coworker video record your conversation on their cellphone without your knowledge and sent it to your corporate

video recording sent to district manager and corporate office during a private emotional conversation with a coworker and after that coworker quit their employment they sent video without my knowledge, I was written up by employer and signed a disciplinary conduct form .Do I have any violation... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

You description is a bit vague, but it sounds like your coworker, without your consent, video and audio recorded a private conversation you had with him/her, then after the coworker quit, he/she sent that video/audio recording to your employer without your consent, and solely due to that recording... View More

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