Get free answers to your Employment Law legal questions from lawyers in your area.
I work in a hospital and do not have direct contact with an patients. We recently had a positive test result at the facility, and the patient is already discharged.
answered on Mar 31, 2020
It is legal for an employer to take reasonable actions to protect the health and safety of its employees and customers. However, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of... View More 
My job was posted on the Company website 5 days later. I was not even given an offer to keep my job but at a lower rate of pay. 3 people were laid off, myself being one of them, the only person that was given the opportunity to stay on was the executive assistant, he took a pay cut. It seems like... View More
answered on Mar 30, 2020
It sounds like your employer is trying to take advantage of the national health crises to get rid of senior employees by "laying them off" (which BTW entitles you to file for unemployment benefits).
So, if you feel you have been discriminated against by actions of your employer,... View More
The end of Oct 2019 I was forced to quit my job at Pollo Tropical in Sunny Isles due to being evicted, my car being totaled, and having to move to my mom’s in Hollywood. I had spoken with my employer regarding the strong possibility I would need to transfer because I was on the verge of losing my... View More
answered on Mar 25, 2020
If you make your unemployment insurance claim, chances are that you will be deemed to qualify.
I work as a fabricator in volusia county, fl and my work has changed my weekly schedule from four 10 hour days to five 8 hours days and back within a year. They are talking about returning to five 8 hour days again after only two weeks with little notice. Are they legally permitted to keep changing... View More
answered on Mar 25, 2020
The Fair Labor Standards Act is the federal law governing employee wages, but it doesn't provide much guidance or protection here. Employees are not guaranteed a certain number of hours to work, and the FLSA does not impose any restrictions on the scheduled hours adult employees are permitted... View More
The amount could be settled in small claims court, but I am unsure where to make that claim, my local office location (Orlando), corporate HQ office (Dallas), or payroll processing office (Pasadena, CA). Would an attorney help me for less than $10,000 owed.
answered on Mar 24, 2020
This is a type of matter for which an employment attorney could help you. Often these disputes can be resolved prior to filing suit. If not, your actual place of employment generally is the correct jurisdiction. There may be other issues, so you should probably speak with an attorney.
I normally work 36 to 40 hours which is considered full-time cut down to 16 hours approximately.
answered on Mar 24, 2020
Yes, because giving employees the gift of PTO is not required by Florida law. Be happy you still have the job.
While school is closed, they are making us file unemployment I have over 120 PTO hours is this legal?
answered on Mar 23, 2020
It appears that this private education company is attempting to avoid possible disaster caused by a bunch of teachers all going out on PTO at the same time; however, the way they are trying to avoid closing down is probably unlawful. Look for an experienced employment lawyer who is familiar with... View More
I was a production manager overseeing six staff. I had no idea I was going to be let go. Hadn't received any bad performance reviews nor disciplinary action. They even sent me to additional management training only two weeks earlier. And I regularly worked 50+ hrs/wk (salaried). It seems... View More
answered on Mar 22, 2020
Unfortunately unless you have an employment contract with guaranteed income for a set period of time, you cannot sue your employer for the loss of your job, other than pursue unemployment. A layoff for virus would entitle you to receive unemployment, and moreover, any moment the US government is... View More
Where I work we have no sleeping facilities, the bathrooms are unsanitary and no laundry facilities. No one has been tested for the corona virus but we are being told we are going to be locked down and not allowed to go home. We will only be paid for our normal shift hours. Isn't this against... View More
answered on Mar 23, 2020
This is America. Slavery was abolished in 1863. No one--including your employer--can "force" you to come to work, or to stay at work or to work in the dark, whatever. However, Florida employers are free to terminate your employment at any time and for any reason. Moreover, refusing to... View More
That because I don’t have a computer at home, I won’t be able to work and they will use my remaining PTO time for this year and my PTO time for next year. Is this legal?
answered on Mar 20, 2020
Yes, it is. Employment is, in most if not all states, "at will", which means that your employer can lay you off if it wants. Your best bet would be to get yourself a computer (and Internet access, if you don't already have it).
Case Description
i was working as a contractor for an advertising agency (it was emphasized that i was a contractor and not and employee). after a few months of being unhappy i quit the agency - and the ceo and hr all approved it. after a few weeks they asked me to come back and help out -... View More
answered on Mar 20, 2020
It looks like they are suing under the non-competition clause in the original contract.
My placement is with an employer with less than 500 employees, but because I'm paid through KForce, does that mean I won't be entitled to any of the paid sick or paid leave policies outline in the new legislation? What can I do?
answered on Mar 20, 2020
In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... View More
Its a small business. I know they are struggling, but it doesnt seem fair to be told from one day to the next that you will have to takee a day off and use a vacation day.
answered on Mar 19, 2020
This is NOT as unfair as it looks to you; why? Because (unless there is a written employment agreement) Florida employers are not required to give any of their employees any paid leave time or sick leave time or any leave time.
Why? Because Florida is an “at will” state, which means... View More
My management team has not notified any staff members of the cases of COVID-19, and have hidden the cases to an extent. The employees have found out due to word of mouth from close friends of the effected individuals, and I am working on getting contact with the individuals themselves. Assuming the... View More
answered on Mar 19, 2020
This morning, the President signed into law the Emergency Paid Sick Leave Act, which provides 2-weeks paid leave to certain employees (not in the health care field) for a number of reasons, including if they have been advised by a health care provider to self-quarantine due to concerns related to... View More
Is it illegal for an employer to refuse to hire someone due to smoking marijuana even if they have a medical marijuana card? The company is saying they have a strict "drug free policy" and cannot excuse marijuana from the drug screening even if a medical card is provided. The type of job... View More
answered on Mar 16, 2020
The employer is entitled to set requirements for the job. If qualifying in a drug free environment is one of the requirements, then you right (in Florida) to use medical marijuana does not exempt you from that requirement. For example, the employer can require that no person working can take cold... View More
I am filing suit pro se against former employer for retaliation and unpaid wages (attorney representation would have been ideal but am having to do this myself because attorney I retained dumped my case after 9 months of stalling and no work but I still want to be paid at least minimum wage)... View More
answered on Mar 10, 2020
Answers to your five questions in seriatim:
1. No.
2. Not that I am aware of.
3. Plead all damages in all counts.
3 (sic). No--and no copies of relevant pages either. Just identify the case.
4. Ask for whatever you want; the defense will enlighten you.
I offered to stay home without pay.
answered on Mar 10, 2020
Yes, your employer can force you to use PTO if you stay home. Or sick leave if you claim that. Why? Because your employer did NOT cause the Coronavirus; nor did your employer force you to stay home; nor does your employer have to keep you on the payroll if you persist. Get to work.
My names Kristina I work at a tropical smoothie in fort Pierce FL some one thought it was smart to steal 200$ from the cash register at my job an since my boss dosnt know who he started takeing every ones tips to pay off the two hundred dollars even though half of the employees had nuthing to do... View More
answered on Feb 26, 2020
If your employer won't tell you, start by checking with the clerk of court in the county where you live. Check if there is a judgment and a writ of garnishment against you. You want to make a claim of exemption (if your pay is exempt) and schedule a hearing as soon as possible.
answered on Feb 27, 2020
Your employer must tell you who they are garnishing your paycheck for--and how to contact the person or company too. Depending upon the total amount they are trying to take, you might want to hire a banking lawyer to represent you and get to the bottom of this problem. Act very quickly.
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