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Florida Employment Law Questions & Answers
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
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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

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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
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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

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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
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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
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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.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Noncompete clauses and Survival clauses

My boss wants me to sign a contract as in Independent Contractor that has a noncompete and also a survival clause saying that the section 8 noncompete is subject to the survival "sections 4,5, and 7 through 13 shall survive the expiration of the Term or the termination." So I can never... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 9, 2023

1. I would not sign it without review from an attorney.

2. I would not sign it.

3. The terms and duration would most likely be overbroad in territory and time and not enforced.

4. Keeping a person from doing their profession or working in their state of residence is...
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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer send an employee home early whenever they feel like it?
T. Augustus Claus
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answered on Aug 7, 2023

In "at-will" employment arrangements, which is common in the United States, employers generally have the flexibility to make these decisions as long as they comply with applicable laws and regulations. However, if there are labor agreements or contractual obligations in place that address... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does my girlfriend have a case of employment harassment and/or retaliation?

My girlfriend just recently had her hours cut and her job threatened after she told her boss that a "manager" was unprofessional in her approach of informing my gf of a new "policy." The manager verbally abused my gf and told her if she "didn't like it she could... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

There is no such thing as "a case of employment harassment" that can be made into a claim for money damages. There are certain types of legally-recognized claims in which harassment may be a related fact issue, such as in cases of unlawful discrimination based on age, sex, race, color,... View More

1 Answer | Asked in Employment Law for Florida on
Q: need to know if me as a minor can legally work up to 30 hours a week while school is in section if Im being homeschooled

im 15 and work in florida for southeastern constuction

T. Augustus Claus
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answered on Aug 2, 2023

In Florida, the child labor laws apply to minors who are being homeschooled as well. As a 15-year-old, you are subject to certain restrictions on the number of hours you can work and the times you can work while school is in session.

During the school year, minors who are 15 years old may...
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1 Answer | Asked in Employment Law for Florida on
Q: I have been working as a 1099 employee for over a year, but I should be a w2 employee. Form SS-8 is what I was told >

I should fill out to make this determination. I am not sure if my employer can retaliate if I fill out this form to make this determination. What is the best route I could take in this situation? Is there a way I can try and avoid retaliation? I live in Florida.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Many employers deliberately misclassify employees as independent contractors, that way the employer can avoid paying their share of Federal and State employment and uninsurance taxes. You need to discuss with a local FL attorney about your rights, you may have other types of violations- improper... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Florida on
Q: City Official - Ok to write recommendations under name of town A using position of town B?

Is it legal for a City Official working for 2 different neighboring towns in different positions, to a write an official recommendation/inspection in the name of Town A using his job title of Town B? With the official header head and seal of City A he does not currently hold said position in and... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 26, 2023

Your inquiry begs the question of, why is it a problem for you? The answer to your inquiry probably depends on whether Town A officially permits him to do that.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I believe my Supervisor is showing signs of discrimination towards me. If I am fired for this reason do I have a case?

I work for a medium to large WFH company I started a few months ago for training but as of last week I have graduated to production. Last week something happened with my phone number and I had to change it, I forgot the password to the personal email that I used to receive a code that is necessary... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 23, 2023

Your inquiry does not give any facts that would form a basis for asserting that you are the victim of unlawful discrimination. Discrimination, in the employment law context, means that you are being treated differently than co-employee(s) who perform the same or similar job functions, and at the... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My previous employer terminated me and wanted train my replacement in order to work 2 additional weeks. Is that fair?

I was an Inventory Specialist for Comfort Temp Heating and Air in Gainesville, Florida. On 7/13/23, I was terminated from that employer. At 6am that day, I was told but my peers that the CFO, C.W. felt that the position and I was no longer needed with the company and they it was being discussed... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 22, 2023

It may not be fair, but that's a different question than, "Do I have any legal remedies?" To answer that question, you must schedule a consultation with an attorney handling employment law. It sounds like the employer was portraying this as a layoff, not a termination for anything... View More

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1 Answer | Asked in Employment Law for Florida on
Q: I want to know if I entitled to overtime if Im titled as a salaried exempt employee. (Manager title. )

I work overtime daily and even the weekends. My title is manager but my duties do not reflect the title. I have no Managerial responsibilities at all. I “ supervise “ 3 employees, but have no say in hiring or firing. I am basically the same, but I have a title and am exempt from OT.

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

Your title, as a manager, has no bearing on whether you’re entitled to overtime under the fair labor standards act. The question is whether you meet an exemption under the law based upon facts. For instance, if you are a salaried employee and supervise two or more full-time employees and direct... View More

1 Answer | Asked in Employment Law for Florida on
Q: An ALE company for 8 months now breached their contract by not offering me health benefits - should I use a lawyer?

The contract specified I'd get insurance after the waiting period.

Also I believe this would meet the requirements to report them to IRS due to the Shared Responsibility Payments Act for equal opportunity of all employees to receive and be offered equal opportunity health insurance.... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

It appears that your employer is willing to rectify the situation. So your only harm would be if you had to seek out medical treatment in the past, and had to pay out-of-pocket because you were not covered. I would suggest you discuss that with your employer before resorting to legal action.... View More

1 Answer | Asked in Employment Law for Florida on
Q: Do I have to pay back relocation money if I stay with a company but relocate elsewhere on my own dime?

I relocated from CA to FL for a job. The contract states relocation $$ must be paid if you leave the company within 2 years. If I stay with the same company but move home to CA and continue to work for them, do I owe them the reolcation money still? The company has offices in both CA and FL.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 16, 2023

No, assuming the text of the contract doesn't provide otherwise, you don't have to pay it back.

2 Answers | Asked in Employment Law and Contracts for Florida on
Q: If an employer that fired you never responds to reclaim their equipment, can I keep it? I made a reasonable return attem

Previous employer let me go in january. Ive made attempts to return laptop equipement. They say theyll get me the stuff tomorrow but never respond.

They sent a response after 3 months of no response asking if i would like to buy the equipment. I said no. They have not since responded.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

It is the employer's property. You need to protect yourself from a later false claim that you wrongfully retained it. I would suggest a letter sent by Certified Mail, return receipt telling employer that you will hold the property for an additional 15 days and then will consider it abandoned.... View More

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