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, Civil Rights and Employment Discrimination for Florida on
Q: Is it legal for my boss to continually make one employee take a longer unpaid lunch break than other employees?

My coworkers are noticing that my boss is treating me differently. It's really embarrassing and feels like harassment.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

As long as you don't need to perform work during your lunch break and the break lasts at least 30 minutes, then your employer isn't violating any wage laws. However, if there are other ways your boss is treating you less favorably than your coworkers based on a protected class... View More

1 Answer | Asked in Employment Law and Education Law for Florida on
Q: I had a stroke last year which affected my ability to speak. , my school is threatening to terminate me, can they ?

I am a public school teacher for over 5 years

Todd B. Kotler
Todd B. Kotler
answered on Jun 6, 2023

You should review your contract and your collective bargaining agreement. Have you contacted your union rep? Whether they can terminate you will depend on the language on the agreements. Do either mention clarity of speech as a physical requirement for your job? You also may want to contemplate... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am on salary at 1800 for two weeks. If I started a job on Wednesday, should my pay be 1100 or the full 1800
Joseph Coughlan
Joseph Coughlan
answered on Jun 5, 2023

It is likely closer to the $1,100.00 and not the $1,800.00.

There are a few ways to calculate you lost wages under workers' compensation. First is setting your average weekly wage (AWW). To do that, your earnings during the prior 13 weeks could be used. It sounds like you just started...
View More

2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... View More

View More Answers

1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: My company has harassed me constantly about my glasses. They are technically sunglasses but they are prescription.

I see black when I’m introduced to too much light without my sunglasses. They forced me to wear my regular glasses which aren’t transitions. So now I’m forced to keep damaging my eyes and they have threatened my job numerous times. My eyes have gotten worse and sometimes I just can’t see.

Tim Akpinar
Tim Akpinar
answered on May 24, 2023

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal and its impact on your vision. Try to set up a free initial consult with an employment attorney. You could repost under that category, but it's likely that a law firm would want... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Employment Discrimination

Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I had a customer at work harass me several times and my work didn’t really do anything about it. What can I do ?

I work at a storage rental facility and a customer not only broke several of the rules but also indecently exposed himself to me and then grabbed/tried rubbing up on me afterwards. All my company did was make him move out three of his 5 units. I expressed to them how unsafe I feel when he’s... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 17, 2023

Sounds like the customer committed a crime, or more than one crime (and is there a video to prove it?). You can report it to the police to see if they will arrest the customer for indecent exposure, etc. - but you may want to run that by your employer first. If the employer would terminate you... View More

View More Answers

4 Answers | Asked in Employment Law, Civil Litigation and Legal Malpractice for Florida on
Q: When there is a civil issue regarding an issue where multiple states are involved, where do I go to get a lawyer?

An ethics board has leveled disciplinary action against an individual. This individual would like to appeal with the help of a lawyer. The individual lives in one state, the company that brought ethics charges are located in another state and the ethics board is in still another state. In what... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023

This is a good question. A lawyer licensed in any state would work, this is not in court where a license is required. But to narrow down your search I'd look for a lawyer in the state where you are or where the grievance board is located. This happened to one of my clients who lived in CA, I... View More

View More Answers

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Can a Fl employer required an employee to take temporary mandatory leave without pay while they investigate a case

The employee was arrested over the weekend for domestic violence situation outside work hours . This employee works in the medical field and sees patients . How should the employer proceed

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 11, 2023

Yes, the employee can be suspended either with or without pay and/or terminated on this basis. If the employee has an employment contract, you should discuss this situation and have the employee's contract reviewed with a Florida employment attorney to ensure any requirements for suspensions... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: I was seeing a psychiatrist for employment and to better myself instead he wrote and said horrible things about me which

Which left me traumized and suicidal not wanting to be around others anymore

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Were these statements made to a third party? Reach out to counsel for a full review of the facts. You may have a case.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What Would Happen if I broke a contract that required me to stay 60 days and give 14 days instead?

independent contractor the contract said your not a employee I'm a consultant,

N'kia (NLN)
N'kia (NLN)
answered on Apr 7, 2023

An attorney likely needs to review the contract to compare it to the law. However, the first question might be whether you're really an independent contractor or whether you're an employee who has been misclassified. The answer to that could make a huge difference in your rights and... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can a company be sued for using bad data as grounds to fire employees or using it to threaten to threaten termination?

Hi, I would like to know if I have a case on a particular issue. I worked for a company a few years ago and while I was there, they had a system in place for measuring an employee's performance. I mathematically proved that their system was flawed and that they were judging employees with bad... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 27, 2023

Generally, no. In most states, employment is "at will". What this means is that, in the absence of a contract to the contrary, your employer doesn't need any reason to fire you. Florida is one of those "employment at will", states, so you wouldn't have standing to... View More

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: What is the legality of claiming a title when leadership has had time to see it and correct it but hasn't?

My responsibilities changed considerably about 9 years ago, but my title remained the same. I asked leadership for a change in title, but they never responded. No yes or no. I started signing my emails with a more accurate title. It has been more than 7 years and nearly everyone, including... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 26, 2023

There are no legal issues here. Your job title is nothing a court of law is going to care about. If your employer wants to make an issue about it in the future, cross that bridge when you come to it.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Florida on
Q: Our pharmacy in FL was burglarized by the alarm company’s tech in 2017. One was caught and sentenced, can we still sue?

The alarm company we hired to install cameras and security system sent out a tech to do the install, that tech later robbed the pharmacy with a help from another person. That second person was caught and sentenced and police immediately knew it was the alarm company’s tech because upon reviewing... View More

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

The Fla. Limitations period for negligence suit is 4 years from either the date of incident or from the time the damage was discovered. Either way, the time is probably up for an action based on negligence, such as negligent hiring or negligent retention. I say "probably" because this... View More

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Personal Injury for Florida on
Q: I went to home Depot yesterday was threatened with bodily harm and being shot by an employee I have a witness a writte

I reported it to home Depot had a written statement which I could barely write and reported it to the police also have an eyewitness who report has a written statement as well

Charles M.  Baron
Charles M. Baron
answered on Mar 3, 2023

And your question is? Whatever action, if any, you are looking to do or wondering if you can do, send in a new post that asks what is on your mind, so that those who see your post may be able to guide you. If your only question happens to be, "How can I find a lawyer to help me?", you... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer require using PTO days for holidays when office is closed?

Employer moving to a PTO system and no longer have paid holidays, vacation and sick leave. However, required to use those days for federal holidays when offices are closed. No option for working those days. Will be written up if PTO hours are not available to use.

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 28, 2023

There are no federal laws that require employers to offer any paid time off benefits. Under the Fair Labor Standards Act, employers are only required to pay their employees for the time they actually work. As a result, employers have a lot of discretion regarding paid time off policies if they... View More

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I sue the owner of a company I was hired for firing me after been assaulted by a harassing employee?
Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2023

If you're asking if you can sue simply because the termination was unfair or because it makes no sense, that reason alone is probably not sufficient to support a claim, other than a claim for Reemployment Assistance (unemployment comp) (if you qualify). In Fla., if you don't have an... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Lack of communication between Walmart and sedgwick lead thembto fireme I think it's wrongful termination

Went on leave a absence from Walmart i was fired because they didn't communicate with sSedgwick company

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 22, 2023

I'm sorry to hear about your experiences with Walmart. I'm an Illinois attorney and handle federal employment discrimination cases and violations of federal laws. I've helped Walmart employees with this exact issue, usually by filing a federal charge of discrimination based on... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: Hired by a Federal Agency, got infected while on training, and terminated my employment. Can they just terminate it?

I was hired by a federal agency and invited for two weeks of training. I got infected with COVID on the third day of the training. They provided a hotel for quarantine. I could not receive the adequate medication that I needed from ER. The PCP advised me in Florida to travel from GA to have a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

It's possible that you may have a case if your termination was discriminatory or in violation of federal law or agency policy. The EEOC investigates complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information, so if you... View More

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.