Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Employment Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Angelo "Tony" Marino Jr.
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.

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 30, 2023

As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More

View More Answers

1 Answer | Asked in Employment Law and Gov & Administrative Law for Florida on
Q: Can I work for the state of Florida? I didn’t do selective service but I didn’t know I had to do it I have a SIL letter

Each agency shall provide for a review, when requested by the applicant or employee, of any denial of employment or promotion for reasons of noncompliance with selective service registration requirements.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023

To potentially work for the state of Florida without Selective Service registration, contact the specific agency of interest to inquire about their policies and whether they consider your circumstances, including the SIL letter, when making employment decisions. The Selective Service System... View More

3 Answers | Asked in Employment Law for Florida on
Q: who can I hire to review my employment contract, specifically my non-compete clause?
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 16, 2023

If this is in the State of Florida you will want to have a Business Attorney review the contract. Remember, the terms of your contract are negotiable so you should be aware of what you are getting yourself into possibly and what burden may be put on you to find elsewhere if you leave the company... View More

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: can my job be terminated while I am collecting disability in FLorida
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

In Florida, the termination of employment while collecting disability benefits can be influenced by various factors. The type of disability benefits you are receiving, the nature of your disability, and your employment status all play a role in determining your job security. Federal laws like the... View More

1 Answer | Asked in Employment Law for Florida on
Q: How can I keep my job? Have 2 residences, become a contractor, use a local address at work?

Hello I currently live in a Florida and am looking to relocate to Nevada. I work for a university but am 100% remote. The Hr department sent back the response below regarding my request to relocate. ?Not registered to operate in the state of NV. Additionally, there are specific licenses that we... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2023

If you move to Nevada you will have to follow Nevada laws, including occupational licensing, and your employer will have to be compliant with Nevada laws including those pertaining to payroll taxes. Using a Florida license, or the other ideas you asked about would probably be regarded as... View More

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: What percentage of shoplifting cases go to trail in this city
Jonathan Blecher
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023

Statistics show in any area of law, the number of cases that are tried are minimal. It is possibly only one percent.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.