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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: I was just denied unempolyment but my employer told me to sign a letter of resignation or be terminated. Can I appeal?

This is the statement I plan to submit to Workforce online but presently the site is down... My resignation was forced and my intention was not to quit. I requested a few days unpaid time off on 12-12-19 from HR . Later that same day they told me they didn’t have EAP insurance as yet and they... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 22, 2020

Keep going.

If your employer did not carry or have EAP coverage (and thus did not pay payroll taxes to cover unemployment benefits for all regular employees) that is NOT your problem--it is the employer's big-time legal problem.

1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Florida on
Q: Parttime respiratory therapist on Loa for childcare during COVID-19.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare. ... View More

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

In today's panic-stricken world of constant changes affecting many millions of Floridians and at least one hundred million Americans my only advice is NOT to sign anything--unless it is the back of a stimulus check.

No one--lawyer or otherwise--can possibly know what the future will...
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2 Answers | Asked in Employment Law and Animal / Dog Law for Florida on
Q: Can my boss force me to handle dead rattlesnakes?

I work at a gas station in Florida my boss/owner buys dead rattlesnakes from people that brings them to the store, then they have to be measured then placed into the walk in cooler until the boss takes them wherever, the people are then paid out of the register by whoever is on shift at the time... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 18, 2020

Yes, your boss can require you to do that. I don't believe there such a license.

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5 Answers | Asked in Civil Litigation, Employment Law and Personal Injury for Florida on
Q: I slipped and fell at work. Company provide no non slip mats in kitchen. Are they grossly negligent?

They provide no non slip mats for wet floors that they know always get wet, from ice to drinks to spills. They also don’t have good enough drainage as it’s under a fixture blocked by ice bin. It’s a kitchen. Also my back already has been hurt before so because of them not taking proper care... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 17, 2020

Have you filed a workers compensation claim?

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1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for Florida on
Q: Parttime respiratory therapist taking LOA for childcare during COVID-19 pandemic.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare.... View More

Alberto Naranjo
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Alberto Naranjo
answered on Apr 17, 2020

For this new type of FMLA under the Family First Coronavirus Response Act the number of hours does not matter play a factor from my understanding but the reason your requesting the leave is very important and not everyone qualifies. I provided the information that is on the Department of Labor... View More

2 Answers | Asked in Employment Law for Florida on
Q: Am I entitled to renewed PTO on my work anniversary date if I am under furlough and use it during furlough?

My employer is a hospitality corporation that put everybody on furlough until further notice due to covid-19. I am an hourly employee in Florida. The corporation paid out all of available PTO prior to April but my anniversary was on April 11 and I should have had the number of PTO Days renewed. Am... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 16, 2020

If you have a written employment contract that does what you say you want, then yes. However, unless there is a written contract you are out of luck; why? Because Florida law does not butt into the private employment details between any employer and their employees. Talk to HR.

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1 Answer | Asked in Employment Law for Florida on
Q: Was told i resigned,no,asked me to bring training material in & 2 polo shirts, I asked sign sign they got,took my letter

And gave me a copy, signatures don’t match, and wouldn’t look at property I brought in, just told me to leave on a file cabinet, unsure if can be trusted ,employee witnessed and my spouse.

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

Take a picture of everything using your phone.

1 Answer | Asked in Employment Law for Florida on
Q: My husband works for a dealership, he bought a car from another dealership and now faces termination

He’s worked there for 6 years, we bought the car this weekend, they already completed furloughs. His department already made the required cut. Today they are angry have flat out told him to return the car and are planning a meeting tomorrow to discuss whether they can “afford” keep him covid... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 13, 2020

Yes, they can fire your husband. Why? Because Florida is an “at will” state, which means 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 employers cannot do is make any of these... View More

2 Answers | Asked in Employment Law for Florida on
Q: I'm a Jew, & I was fired from my job because I had to take VTO to assist my Elderly Rabbi to prepare for COVID19

I'm a Jew, and I was fired from my job because I had to take immediate VTO to assist my Elderly Rabbi to prepare for the COVID-19/Coronavirus Pandemic. I informed them it was a religious obligation and essential that I abide by it due to my faith. I was told that didn't matter and that I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 13, 2020

It appears that you were NOT fired because of your Jewish faith. The employer says they fired for not giving notice and for not requesting PTO or sick leave before you left the job. If that is so, then your employer has done nothing wrong. Why? Because Florida is an “at will” state, which means... View More

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Q: Do I have anything to worry about concerning a dismissed lawsuit?

A lawsuit comprised of several defendants, which were sued in China was brought to the US courts. Due to international law, the agencies in the suit could not get sued, causing the dismissal of the complaint. There's no sign of employment other than 'wrongful termination' and the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 11, 2020

This is the second time you have asked this question, only slightly different. The answers you received the first time have not changed.

2 Answers | Asked in Employment Law for Florida on
Q: As an exempt, salaried employee can my employer reduce my salary without reducing hours or expected output?

No disciplinary action

No unapproved time away

This is in response to maintaining the organization's cash position in response to covid-19

This action is being levied against several hundred salaried employees.

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 8, 2020

Unless you have an employment contract or collective bargaining agreement, your employer can reduce your salary based on these extraordinary circumstances. If the salary falls below $684 per week, you may he entitled to overtime compensation.

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3 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can you be furloughed if you are on fmla like me?Of 4 managers in my department, I was the only one furloughed.

I am on approved intermittent fmla from my company ( a large publicly traded one) to take care of my elderly mother. I would come in to work about 2 hrs later than regular start time daily to care for my 94 yr old mom before her caregiver arrived. We had been working from home for 2 weeks due to... View More

Alberto Naranjo
PREMIUM
Alberto Naranjo
answered on Apr 8, 2020

This can be a violation based on the facts provided but it will depend on why the picked you and not the others, if it is due to the FMLA, that would be a violation of the law. Getting an attorney involved early on will increase your chances of a better outcome and you can review all the facts to... View More

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1 Answer | Asked in Employment Law for Florida on
Q: My company gave me a choice to work or stay home, can I collect unemployment. Are state is in a stay at home order
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 6, 2020

The stay at home “order” does not mean you get to go home and get paid. Your employer will explain this to you if you ask. And depending on several facts you may or may not be able to get unemployment benefits.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: For a minor working in the fast food business, Will he or she get fined $500 for working 35 minutes after their shift?

Like they were working on prepping for the day (during the corona virus outbreak) and their manager said there will be a $500 fine. Is this correct?

Kevin Sanderson
Kevin Sanderson
answered on Apr 4, 2020

I've never heard of such a thing.

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1 Answer | Asked in Employment Law for Florida on
Q: Can I claim unemployment benefits in Florida if I am the President of an S Corporation, but the business has been sold?

I had 100% ownership, and was the only officer, of the corporation that was operating under a DBA. I paid myself a salary as a W2 employee. I sold the business in October, 2019.

The corporate entity is still active under my name, but it's not operating any business. 100% of the assets... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2020

The answer to your first question (which I think you already must know) is NO. (Query: If you sold the business in October how do you now claim you own 100% of the business?)

The answer to your second question is MAYBE. Too early to tell.

2 Answers | Asked in Employment Law for Florida on
Q: I work at a Child Care center in Pinellas Co. Florida. We are not following the Safer at Home order. I brought it to

my bosses attention and she said it’s recommended but not the law. So do we have to follow it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 2, 2020

I'm not sure what you mean by "the Safer at Home order". The governor signed an order yesterday which essentially requires everybody to stay at home unless engaged in necessary services or activities. Review that to determine of an exception applies, because it's not just... View More

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3 Answers | Asked in Employment Law for Florida on
Q: What if you work for an employer that is considered an essential business and...

What if you work for an employer that is considered an essential business and you work in close contact with other employee's and there is not adequate safety protection like Masks, Gloves, disinfectant, can you refuse to go to work, if the employer refuse to provide the safety items?

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 2, 2020

If you believe working conditions are unsafe or unhealthful, you may file a complaint with OSHA and ask for an inspection. It is illegal for an employer to retaliate against you for filing an OSHA complaint. Moreover, if an employee has been advised by a health care provider to self-quarantine due... View More

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2 Answers | Asked in Employment Law for Florida on
Q: Yesterday I was told I’m being furloughed due to Coronavirus. I am 8 months pregnant - does my job have to honor my LOA?
Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 1, 2020

If you were singled out for furlough while other non-pregnant employees were not, the company may be liable for discrimination. You may also qualify for unemployment benefits. Moreover, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law,... View More

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3 Answers | Asked in Employment Law for Florida on
Q: Im a salary paid director of a child care in clearwater, FL The business temporarily closed Coronavirus do they pay me?

I have been paid on a salary basis for at least ten years now they do not want to pay me due to covid19 closure

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 1, 2020

In the absence of an employment contract or collective bargaining agreement, a company may cease operations due to business necessity caused by the pandemic and not pay employees who are not performing work. You may be eligible for unemployment benefits. On the other hand, if the purpose of... View More

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