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Florida Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Safety sensitive position and needed prescription drugs.

I currently operate heavy machinery for my job. What options would I have if my employer found out I was on a prescribed med with a waring that you should not operate heavy machinery when taking, yet my dr has provided documentation I can preform all my essential job functions and not put myself or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 7, 2020

If I was your employer, I would not believe the documentation from your doctor. Your options would be to either get a new job or not get one.

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2 Answers | Asked in Employment Discrimination for Florida on
Q: I was injured off duty. My specialist doctor had given me a note allowing me to return to work.

BUT now my employer is sending me to “their doctor” for an exam to do a “fitness-for-duty determination.” I think this is just a ploy to fire me or force me to not to return to work. Any ideas?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 24, 2020

You may be right that your employer is trying to fire you--but that is irrelevant. Your employer has the legal right to find out whether you are "fit for your job" after your non work-related injury.

Why? Because Florida is an “at will” state, which means private employers are...
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4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Florida on
Q: Is my employer retaliating against me or doing anything else that is unlawful?

N/A

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

Your post seems to come from Florida, we have different laws in CA, but you are covered under the ADA, everywhere. It is very difficult to respond to your inquiry because you do not say whether you can perform all the essential functions of the job with or without a reasonable accommodation, and... Read more »

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1 Answer | Asked in Employment Discrimination for Florida on
Q: I’m being discriminated against on my job because of the way I look I can prove it because it happens to me every time I

Every time I go to work but I wanted to know can I legally provide evidence by voice recording or by video of my work activities

Alberto Naranjo
Alberto Naranjo answered on Aug 12, 2020

You should be very careful about recording people in private areas without their knowledge in Florida it could be a crime and you need to know what private vs public means, etc. At this point, I would speak to an attorney but you may or may not have a case depending on what type of discrimination.... Read more »

3 Answers | Asked in Election Law, Employment Discrimination and Employment Law for Florida on
Q: Are you required to pay your employer back for something when you never signed a contract saying you would?

My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2020

Rather than be concerned about whether you should have to repay your employer you should be more concerned about being terminated if you refuse. Florida employers can terminate employees at any time for any reason.

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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Florida on
Q: I felt pressured into having a brief affair with a superior at work who is like family to the owner can I get severance?

She is a family friend of the owner. I sent an email to HR and asked if this was a fireable offense. I don't want to return to work unless she resigns. She has family that works there and they said I could try to get her to resign but that wouldn't work be cause the owner loves her like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2020

If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: I have spent 4 years trying to get HR to help me. They didn't trust or believe me. It took 9 people quit
Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

A Florida attorney could advise best, but your post remains open for a week. If this involved an injury (you included Personal Injury in your categories), it isn't clear from the brief description what type of injury it was. If there was an injury that arose in the course of employment, a... Read more »

1 Answer | Asked in Employment Discrimination and Health Care Law for Florida on
Q: I'm working at home. My employer is requesting me to send daily reports of temps. Can they do that even with me at home?

A large part of my job moved everyone to work from home back in March. We are all working remotely and no one plans on returning. ( Our employer agreed and likes us working from home.) They have requested that everyone has to send them daily temps for those working at home and in the office. For... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

It doesn't seem to make much sense, but you had better do it. You give up any right to privacy when you agree to work from home. If you don't like it you can always quit.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Fired for small mistakes, never put on a performance plan. I was the only women on the team. What should I do ?

I was working at a new job and was suddenly fired after being told I was performing great 3 days prior. The owner found some typos in my work and that was the reason given for my firing. I was a W2 salary employee with benefits. I was the only women on the team and one of the only ones, as they... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 14, 2020

You did not indicate whether you believe you were discriminated against on the basis of sex, though perhaps you are wondering if you were. If so, the circumstances of your work history and termination must be examined in detail to determine if you have a viable potential discrimination claim. If... Read more »

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Q: I'm a civilian federal employee for the USAF, how can the FAA pay its employees more in the same career field as me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Probably because the USAF and the FAA are legally not the same employer; neither is any other federal agency the same as the FAA or the USAF. FYI: Every federal agency employer is different from all others; and the military civilian corps is completely different than that of any federal agency.

2 Answers | Asked in Employment Discrimination for Florida on
Q: can a former DOD federal employee who filed a harassment/discriminate continue with a case after a disability retire?

an EEO officer called me and said i should fill out a withdraw complaint. since i am already medically retired out. But i feel that my former supervisor like to keep me in the hot parking lot instead of the office or warehouse where my prescribe medicine could work on me. eventually i just... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2020

Regardless of whether you filed your employment discrimination complaint with the EEOC or the DOD EEO the relief you can receive is almost exactly the same: Reinstatement to the position and back pay. So since you have already filed for and received disability and are "medically retired... Read more »

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1 Answer | Asked in Child Support, Employment Discrimination, Employment Law and Family Law for Florida on
Q: mom getting child support back pay but want help me buy my prescription?Is t It any way I can get some of the money

I just found out that im lactose anemic and have type 2 diabetes im out of medication i don't have medicade nor insurance my mom has 4 kids from my dad that she is getting child support back pay but im the youngest im 25 and i been on my own since i was 13 years old

Terrence H Thorgaard
Terrence H Thorgaard answered on May 31, 2020

No, you can't get your mother to pay any of it to you. She has no duty to pay for prescriptions for her adult children.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: My job said if we don’t come in during the reopening process we won’t be allowed back to work when fully operational.

During the lockdown they took out a loan which approved 8 weeks of pay. Yesterday when asked to come in to help disinfect I notice many discrepancies where they aren’t following CDC Business Regulations for handling the phase 1-3 process with social distancing and keeping us staff safe (Nobody... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2020

This pandemic situation is very difficult for everyone involved, including your bosses who are at work on the job too. You are obviously one of the best employees--or else you would be sitting at home with the rest of the employees not asked to come in.

There is nothing "legal"...
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2 Answers | Asked in Employment Discrimination for Florida on
Q: I was out for over 15 days due to covid 19 -symptoms. Company didn’t give me the 80 hrs paid but force me to used pto

Can the company i work for force us to used our pto . And used all of our pto for being out due to covid 19.

I was sent home from work cause of my symptoms, after being tested the firts time results came back incompleted.

I had to get retested and cleared to come back to work .... Read more »

Kevin Sanderson
Kevin Sanderson answered on May 8, 2020

Under the new Families First Coronavirus Response Act, or FFCRA, most employers are required to give you 80 hours or 2 weeks paid under your circumstances. I would ask for this to be applied to that time, to be paid and have your pto restored. If they deny, you can contact the Department of... Read more »

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1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Florida on
Q: I work for the county, iam 61, I was diagnosed with Parkinson's HR denied accomodation,

After one year a lawyer drop my case. Lawyer almost did nothing, ,I paid the retainer fee and $35 monthly

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

Since you already have a lawyer we cannot interfere. I strongly suggest you stay with your lawyer, because hiring a different lawyer will send you all the way back to square number one.

1 Answer | Asked in Employment Discrimination for Florida on
Q: Can an employer ask just you to produce a covid19 test if you and other co workers took a week off
Kevin Sanderson
Kevin Sanderson answered on Apr 21, 2020

As you can understand this is a new area of law and we are all still learning. Center for Disease Control guidelines do now take precedence over Americans with Disability Act regulations. My concern here is your phrase "ask you to produce a test (result presumably) as opposed to making you... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: Employment Law: I am an adjunct university professor who filed a grievance against the department chair in January 2019

I am still employed at the University but not being given any courses to teach since filing the grievance while new hires are given courses to teach. I would like to file a law suit but do not have money for an attorney. I know I am being discriminated against by the Chair. Do I have any... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 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... Read more »

Q: Do I have anything to worry about concerning a dismissed lawsuit?

A lawsuit comprised of several defendants, which were sued in China was brought to the US courts. Due to international law, the agencies in the suit could not get sued, causing the dismissal of the complaint. There's no sign of employment other than 'wrongful termination' and the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 11, 2020

This is the second time you have asked this question, only slightly different. The answers you received the first time have not changed.

2 Answers | Asked in Employment Discrimination for Florida on
Q: I work for a big landscaping an irrigation company. When i started my girlfreind brung me in an id be there at 630am

Cause my girl would have to be at work at 7am. Me an her split up. An i have to use public transportation. I text my boss an told her the very first bus is at 730am. Thats the time the company wants you there now my boss said yea its fine that you will be in late. If it happens again you will be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2020

Because she wants you to show up at 6:30. It's not your boss's problem that you can't get there when she wants you there.

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