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Florida Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for Florida on
Q: My company will only pay vaccinated employees covid relief pay, is this discrimination

My company has issued a letter stating only vaccinated employees will get paid for the time they take off if they test positive for covid 19. Unvaccinated employees will not get paid if tested positive for covid 19

An awnser from so.one less biased to the vaccine and keeps their persanly... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 27, 2022

No, it is not discrimination. Why?

Because your employer is clearly not making this employment decision based upon employees' race, gender, national origin, handicap, disability, marital status, or pregnancy.

WARNING: If you remain unvaccinated and contract Covid you might be...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would being terminated for Job Abandonment disqualify me from possible unemployment income?

I had made an accommodation request of my employers to relocate from IL to FL on account of my health being impacted by the environment in IL as well as my spouse relocating. Despite sending several emails making a plea to my director, manager and HR to the fact that I will be without a home if I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 7, 2022

As far as I know, job abandonment is a valid reason for termination and denial of employment benefits in Florida and most other states. But to be sure you need to ask a lawyer in Illinois whether that is the law in Illinois.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2022

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Hello I have a question. Regarding COVID 19 vaccine mandates in Florida.

Hello I have a question. I live in the state of Florida. I was offered a position for a new job, my background cleared and is at 100% completion with no discrepancies. I was called by the company stating I answered no to their question for vaccine. I told her that is correct and also informed I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 24, 2021

Assuming that you never got the job you applied for. the answer is no, you have no case. Why?

Because Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no...
Read more »

2 Answers | Asked in Criminal Law and Employment Discrimination for Florida on
Q: Does a misdemeanor marijuana offense when I was 17 show up to law schools or the BAR association in Florida?

This offense was expunged through a diversion program and I checked the FDLE for any criminal history and it returned no criminal history.

Michael  Mayoral
Michael Mayoral answered on Nov 29, 2021

You are going to have to disclose the case to the Florida Bar and likely law schools (depending on what the application says), even if it was sealed and expunged. The good news is that there are a ton of lawyers with misdemeanor convictions who get accepted and accepted to the bar. The key thing to... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: It I work for a job that pays me 13 an hour to clean buses and be around people shouldn't I be paid more due to covid-19

I'm in South Bay Florida

Charles M.  Baron
Charles M. Baron answered on Nov 18, 2021

Morally, yes they should. Legally, there currently is no requirement to do so. Transit workers unions have been asking Congress to pass a Federal law requiring such hazard pay - see: https://www.atu.org/media/releases/the-atu-and-twu-to-congress-hero-transit-workers-deserve-hazard-pay... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I work one day a week at a job, and occasionally pick up shifts. Can my manager fire me for working one day a week?
Linda Liang
Linda Liang answered on Nov 10, 2021

Your manager can fire you for any reason because Florida is employment at will state, meaning both you and your boss can terminate the employment for any reason, unless your employment stipulates otherwise.

2 Answers | Asked in Employment Discrimination and Health Care Law for Florida on
Q: If I don’t get the vax will I be fired or laid off?

I’m a security officer, so I get assigned to posts depending on availability and needs of the post. By definition being fired is a change/failure in the employee resulting in termination. A layoff is a change within the company including company standards. So would I be entitled to a severance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2021

All these non-legal questions should be asked of your HR department, or supervisors.

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Got hired, took a drug test and heard nothing back. Worked for 3wks & got fired for failing dt. Anything to be done?

I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2021

So you are saying that you got fired for apparently smoking marijuana shortly before reporting to work. What you could do is apply for another job and, if hired, not report to work stoned.

I don't understand what the three week delay has to do with anything; it apparently took that...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer just spring on their employees "all calls wil be recorded and data extracted with AI to improve metric

I work for an online university, ben here 6.5 year now the admin coming up with AI "data extraction" but not telling us who extracts data, where does it end up, who analyzes the data to improve outcomes. I work with students across the USA and approx 25 % of all calls are documented as:... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Yes. While you are working and using the employer's phone system or receiving the calls, the conversation is not private or confidential as against the employer because at the time you are the employer- you are not taking the call as an individual. The warning about possible recording is to... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: I was terminated from my job position without warning or any notification

Do to a second background check I was terminated after 4 years of employment

Charles M.  Baron
Charles M. Baron answered on Sep 16, 2021

You did not ask a question, but since you posted your inquiry under the subject area Employment Discrimination, I suppose you are wondering if you are the victim of illegal discrimination, as well as if there is anything you can do to obtain monetary compensation. While the employer did... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer who offers covid pay deny you being paid covid payment because you aren’t vaccinated?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2021

Yes. Private employers in Florida can do anything they want to their employees, as long as the reason they are doing it (or not doing) does not violate the Florida Civil Rights Act. You have two options: Get vaccinated and get "Covid pay" or refuse and get none.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was recruited by a company and after starting forced to sign a non compete months later. I worked there for 3 years .

They let me go stating I did everything they asked but were changing directions. They offered me a severance no strings attached. Said they wouldn't enforce me non compete as long as I didn't solicit. Their words were they aren't A holes and wouldn't keep me from working. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2021

No, it's not discrimination, it's failure to abide by their word. If they want the severance payment(s) back they will have to sue you for the money. At that point, should it come to that, you can tell the judge your side of the story.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can my criminal background stop me from getting a job at Dollar General as a cashier

I'm a 34 year-old African American, living in Pensacola FL. I recently applied for a job as a cashier at Dollar General. They were in desperate need of employees, even holding open interviews. I hit if off with the manager right away, and the interview was a complete success. She... Read more »

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Unfortunately, they are allowed to choose not to hire you based on your background. I wish you the best of luck. Keep trying, you're doing the right thing.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can I be fired because I need a break to monitor my blood pressure

Asked for break to check blood pressure made to wait more than hr had to take a few hrs and 3 pills to bring down asked if I need to return to work they told me no stay home. Next morning was fired cause of health concerns

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2021

Although your health-related situation might afford you some protection in the workplace if all statutory requirements were met first, the facts as presented here do not appear to satisfy applicable law. Why?

1. Because Florida is an “at will” state, which means private employers are...
Read more »

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1 Answer | Asked in Employment Discrimination and Gov & Administrative Law for Florida on
Q: Any lawyers willing to take on a suit against the federal government? Someone worked for the Gov of Florida.

I have a discrimination lawsuit I would like to file. It pertains to preferences of which I can not legally be discriminated against.

Charles M.  Baron
Charles M. Baron answered on Jul 1, 2021

Of course there are; otherwise, no suits would ever be filed against the Federal government! If you happen to be asking if any lawyers viewing your post are willing to take your case, this site does not work that way; it's for lawyers to offer educational information about the questions being... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: Is there grounds for discrimination if your employer only enforces a policy on select individuals when it suits them?

My former employer has banned me from the premises for 12 months. I was a former personal trainer at a local gym and recently resigned because I graduated from the university of Florida and will be moving in a few weeks. At the end of my exit interview after signing the paper work. I was then... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

Discrimination on the basis of whether or not someone likes you is not legally forbidden, only discrimination on the basis of race and certain other classifications. So no.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was required by my job to get an A.D.A. my issue has back. New leadership HR says they can't find my documenton

I was required by my job to get an A.D.A. a few years ago and an update last year. I was contacted by HR and advised that they have lost my documenton possibly when transferring and are requesting I provide the information for a 3rd time. They have no idea what happened. Not advised it was a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 31, 2021

Stop asking lawyers what to do and spend your time getting copies of your paperwork--and make copies this time.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: If I work for a company based in New York can thry force me to get a COVID vaccine? If I do not go to the NY office?

Saying all employees need a vax or they will be terminated.

Charles M.  Baron
Charles M. Baron answered on May 18, 2021

Somehow, you directed this inquiry to Florida attorneys. Start over and direct it to NY attorneys.

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