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Without a written contract, but consistent payment for 12-24 months has been received, and the agreement is terminated on the day payment would normally be sent, would said subcontractor have any assistance available via unemployment? Or any other resource? This check is approximately ½ my income
answered on Feb 26, 2020
Whatever benefits you as a subcontractor are entitled to receive under Florida law are spelled out under Florida law. For example, regardless of how long you were "employed" as a "subcontractor" unless your "employer" has been reporting you (and other employees) and... View More 
I work in an abusive environment. I have documented evidence that my supervisor is abusive and also repeatedly lying. His lies form the basis of a dispute that will likely lead to my termination. I am an international PhD student on a low income <$22k p/a. Where can I get legal advice?
answered on Feb 24, 2020
If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... View More
I was terminated for asking about a discrepancy of almost $2000 in my paycheck. I was fired via text message 40 minutes later in direct response to my statement that I would hire an attorney to recover my unpaid wages. The conversation about the discrepancy and subsequent termination took place by... View More
answered on Feb 20, 2020
There are no laws. 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 adverse employment... View More
Hourly employee. Employee refuses to compinsate for travel time or fuel.
answered on Feb 15, 2020
No, not unless you have a written contract saying they will. Florida is an "at will" state which means employers hire and fire at will; and employees can quit at will. Everything in-between hiring and termination of employment is negotiable.
When starting the process for an accommodation for a disability. Can I ask for a reduced work schedule even if the employer does not do part-time employment? The company does have some part-time employees now, that perform my same job.
answered on Feb 14, 2020
Sure, you can ask your employer for whatever accommodation you think you want--but that does not mean that you (a) are entitled to your choice of accommodations, or (b) will receive whatever accommodation you ask for. Finally, and FYI: the fact that some other employees are working part-time does... View More
I have worked for a company under agriculture for about 3 months now with full time hours. I was just recently accepted for disability compensation and now can only work up to 24 hours a week. I spoke with my employer about this change and he said he cannot accommodate me as a part time employee.... View More
answered on Feb 14, 2020
No, under the facts stated by you, it is not against Florida or federal law for your employer to require you to work full time. The fact that you now have a partial disability and are not allowed to work full time (and do not need to work full time anymore) does not mean your employer must allow... View More
I live in Lee County, Florida and recently quit my salary job. I had requested through email that my earned vacation pay be cashed out instead of taking my vacation. The owner verbally confirmed that the pay would be on my next check. Two days later, I walked out of my job. On my last check, they... View More
answered on Feb 4, 2020
Yes, your employer can do whatever they want. 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... View More
The assistant manager asked me whether or not I could work on Friday and my answer wasn't a concrete yes, it was far more vague towards a maybe than a yes, they still scheduled me. In my availability I shouldn't have had that schedule
answered on Feb 1, 2020
There is no such thing as wrongful termination in Florida. Employers can do whatever they want, without any reason.
I am suffering from repetitive stress injury. I called out of work and went to the doctors. I requested to fill out an accident report. They filled one out and gave it to me at the end of the work day. Once I read it they filled it out incorrectly. Not putting what I actually told them. Seems to me... View More
answered on Jan 28, 2020
I assume they asked you to sign it. If so, you should have corrected the errors before signing it.
The employee did sign a employee contract to work in a restaurant, where she/he voluntarily signed to give 1 week notice when quitting. In the contract is written that the employer would withheld the hours missed from the employees final paycheck. (Example: the employee was supposed to work part... View More
answered on Jan 26, 2020
If you are asking whether the employer will deduct $300 the answer is probably. If you are asking whether the employer can, the answer is yes. If you are asking whether it is lawful the answer is yes.
My wife is a full-time employee of a company as Physical Therapist who visits several patients a day. Some of these patients can be an hour's drive from each other. The employer is only compensating the milage, and not the time spent driving. Hence, my wife has to put in a lot of unpaid... View More
answered on Jan 25, 2020
It sounds like your wife may be what’s called a 1099 employee, not a regular (W-2) employee. The difference is that-as a professional-she can be required to do things that employers cannot require regular employees to do. Thus the rules and laws governing employment rights are not the same for... View More
I work on a "Q&A website" that pays people to ask questions, who at the end of year sends a 1099-Misc form, classifying me as an "independent contractor". I currently earn 1K every month on this site. I've earned 6K up to this point throughout the year. Per their... View More
answered on Jan 25, 2020
Lawyers who like good reviews apparently like to answer questions about the future; I am not one because no one on this planet can predict the future. The short answer to your questions is yes. Whether you will win is unknowable.
And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... View More
answered on Jan 23, 2020
I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... View More
I work overnight from 10pm-7am on Friday night I get two hours and the other six roll over to the next week (Saturday is the start of a new week) so they pushed all my hours to Friday so they didn't have to pay the overtime
answered on Jan 17, 2020
Employers have the right to structure their work time needs. The system used here appears legal because it accurately records time worked each day of the week.
As long as employers do not require employees to work more than 40 hours in any one work week, or more than 8 hours in any one... View More
I have received the notice via the employee 2 months after it was filled. It does not specify when to start and for how long. Can i get out of this? Can the employee pay it on its own?
answered on Jan 16, 2020
I'm guessing this has something to do with a garnishment. If so, you should have been served with process. Show the order to an attorney in your area to see what it's all about. Or you might want to review the court file (you can do that online; google "clerk of court" for your county).
if I will receive unpaid accrued PTO (Paid-time Off). I cannot get a straight answer from the HR contact person. Note: There is a severance if I sign the agreement. but goes on to say "Employee acknowledges that foregoing payments and benefits in this Agreement includes any unused Paid Time... View More
answered on Jan 13, 2020
Without having any opportunity to review the severance agreement I am unable to properly advise you about it. However, I will say that most employers who are represented by lawyers are told not to discuss the agreement with the employee because of the chance of creating a misunderstanding that... View More
I would like to know if I should have done it and what I have given up. I live in Jacksonville,fl
answered on Jan 13, 2020
It is impossible to answer your question without much more information about your job, your rate of pay, why you were fired, and the amount of the severance pay.
Worked for. FedEx Contractor for 2 weeks was offered a job elsewhere to start immediately, better hours, money, benefits, I took it.
The FedEx Contractor said we would get paid weekly, never recieved my first check during my 2 weeks. In the 3rd week (1st week at the new company) still no... View More
answered on Jan 10, 2020
Yes, this is perfectly legal, and in fact is done all the time to discourage people who waste an employer’s time and money.
I am an employee at a franchise my boss owns. There is talk that corporate is buying back the franchise to do with it what they want since my boss who owns the franchise is defaulting on loans. I am worried for my job if this happens, do I have any rights?
answered on Jan 10, 2020
Unless you have a written employment agreement you are at risk of losing your job. On the other hand, if you are a great employee the new owner might keep you on.
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