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Florida Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I be fired due to going on disability?

I have worked for a company under agriculture for about 3 months now with full time hours. I was just recently accepted for disability compensation and now can only work up to 24 hours a week. I spoke with my employer about this change and he said he cannot accommodate me as a part time employee.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 14, 2020

No, under the facts stated by you, it is not against Florida or federal law for your employer to require you to work full time. The fact that you now have a partial disability and are not allowed to work full time (and do not need to work full time anymore) does not mean your employer must allow... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: I am 35 weeks pregnant with an uncomplicated pregnancy. Can my job force me to reduce my hours drastically?

I am a behavior therapist for kids with autism but have non aggressive clients and very light work. Employer wants to drastically reduce my hours weeks before I have a csection.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 6, 2020

This situation is not as cut and dried as you might think it is. While there are laws that protect pregnant women for certain kinds of employment discrimination that doe not mean that you are being discriminated against in this specific situation. You should hire an Employment lawyer who has... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I think I got wrongfully terminated

The assistant manager asked me whether or not I could work on Friday and my answer wasn't a concrete yes, it was far more vague towards a maybe than a yes, they still scheduled me. In my availability I shouldn't have had that schedule

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 1, 2020

There is no such thing as wrongful termination in Florida. Employers can do whatever they want, without any reason.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Florida on
Q: Can my job fill out an accident report without me being present?

I am suffering from repetitive stress injury. I called out of work and went to the doctors. I requested to fill out an accident report. They filled one out and gave it to me at the end of the work day. Once I read it they filled it out incorrectly. Not putting what I actually told them. Seems to me... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

I assume they asked you to sign it. If so, you should have corrected the errors before signing it.

2 Answers | Asked in Employment Discrimination, Employment Law and Federal Crimes for Florida on
Q: My employer is committing fraud. I thought it was accidental and pointed it out, I was then bullied,

And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 23, 2020

I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... Read more »

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3 Answers | Asked in Employment Discrimination for Florida on
Q: Can i sue for employment discrimination if hired than doesn't receive call because of owners wife ?

I was recently gave a job offer the owners wife interviewed me than made a comment about dressing properly and continued to make comments like not coming to the job in shorts shorts really odd things . the owner than offered me the job in said he would give me a call the next day in i could start... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 22, 2019

If you're talking about discriminating against you based solely on the way you dress, that's perfectly legal. To have a potential employment discrimination claim, you must claim (and be able to prove) that you were treated differently based on falling under one of the "protected class" categories,... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Overtime question. Fiance is a teacher assistant ( not an actual teacher) and she also does after care as well. Her pay

Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? Thanks

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Dec 11, 2019

The short answer is that she likely was entitled to overtime from the beginning of her employment, assuming her primary job duty did not involve teaching. The long answer requires an analysis of multiple compex issues under the FLSA. First, it is true that effective January 1, 2020, the salary... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: Fail to respond to Report and Recommendation

Pro se failed to respond, due to confusing and not calculating date correctly

I want to ask the court, plead to consider my response. Unintentional and not to

obey or ignore the order of the court. Is there a form, or procedure of how to go

ahead with this letter

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 2, 2019

If you have been litigating you case without a lawyer then you should continue doing so; there is no specific form to use, so call it a motion to allow late response, and try to explain. ATTACH YOUR ACTUAL RESPONSE TO THE REPORT AN RECOMMENDATION>

1 Answer | Asked in Banking, Bankruptcy, Employment Law and Employment Discrimination for Florida on
Q: Can I lose my Mortgage License if I have to file BK 13?

I have been a Mortgage broker for 14 years.Unfortunately I need to do a BK 13 for an unrelated business. Can I lose my license?

Timothy Denison
Timothy Denison answered on Nov 25, 2019

Probably not unless the 13 filing is occasioned by some wrongdoing or otherwise.

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Florida on
Q: Hello, I have a question about unemployment benefits in the state of Florida

I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... Read more »

Kevin Sanderson
Kevin Sanderson answered on Oct 22, 2019

This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a franchise employer and fellow employees harrass an employee until they quit because of an issue with a diff emp

My sister and daughter work for a 7eleven franchise my sister was fired for a reason but now the owner and co managers from other owned store and business are harrassing my daughter trying to make her quit too. They are talking negative thing to the customers in front of her face. Degrading her and... Read more »

Kevin Sanderson
Kevin Sanderson answered on Sep 26, 2019

It is difficult to say based on what you have here. For example, as they are both female is any of the harassment based on gender or sex or another protected class?

2 Answers | Asked in Employment Discrimination for Florida on
Q: I was terminated on my way to work during hurricane Dorian from Abbiejean Russell Care center in Ft. Pierce Fl on 9/2/19

The New administrator is Haitian. I am the director of activities and the residents complained to me 2 times during resident council that the staff always speaks in creole outside their rooms daily. I gave my residents council minutes to the administrator 3x weeks ago for her to sign and she never... Read more »

Mitchell Feldman
Mitchell Feldman answered on Sep 7, 2019

Unfortunately as an employee at will you don’t have any legal claim against your employer other than unemployment given these facts. Seek unemployment.

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if a person has quit their job and has accrued vacation time that they had not taken is the employer required to pay
Kevin Sanderson
Kevin Sanderson answered on Aug 16, 2019

People are always shocked by this, but in Florida you are not entitled to this time. It is not "banked" in the sense it is yours at the end of the employment as it is is some other states.

1 Answer | Asked in Employment Discrimination for Florida on
Q: I was written up at work for having to leave due to low blood sugar stemming from my diabetes.on employee

My employer is aware of my condition. I told them that i have very little memory of what happend.i do know that an employee assisted my son in getting me into my car. The empliyee told the mod that she was sending me off tp hospital. All of thisis captured on video as my boss says that i did not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

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 »

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: can I file a lawsuit against my employer for failing to take action against an employee who threatened me?

I was openly verbally threatened with great physical harm by an employee while in the presence of management (who witnessed the threat spoken), who then claimed they were unable to take action due to the absence of physical contact....is this true? is it legally feasible to sue my employer? I... Read more »

Kevin Sanderson
Kevin Sanderson answered on Aug 5, 2019

They can take action. They can investigate, suspend, fire that person and/or make sure you aren't working together. You may be able to take action against the employer for several causes, such as negligent hire/retention of that employee. You may need to file with an administrative agency if the... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does length of employment have any bearing on an unpaid wages/wrongful termination/retaliation ?

I am left without legal representation because the attorney I hired removed himself from my case two weeks before the statue of limitations expired after I was persistent in my desire to go to court after almost a year of unsuccessful negotiation attempts. I have not been able to get another... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

Since you took the time and trouble to ask this same question twice, I will take the time and trouble to give you the same advice I gave before:

"You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: How can I file a charge against my employer to get my unpaid wages?

I was fired from my job via text message immediately following my text to my boss asking about a $2000 discrepancy in my first paycheck. I hired an attorney a month later to help me recover wages. He sent a demand letter and my former employer refused to negotiate a settlement and to this day has... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages is not actionable as employment discrimination unless you have evidence that the employer failed to pay you the correct wages because of your gender, age,... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: My employer has worked me at salary pay for 45 hours a week. Yet he works me 6 days a week from 630 am to 330.

I wanted to know if it's ok to not approve me for vacation time while also threatening to fire me. I'm the kitchen manager at kekes breakfast cafe. He works me like a dog yet I get teated like crap. I need this job but they are threatening me if I dnt show up even tho my vacation days were approved.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

Unfortunately, you are pretty much at the employer's mercy; why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers... Read more »

3 Answers | Asked in Employment Discrimination for Florida on
Q: Can I sue for emotional abuse at my workplace?

My general manager stated today that ever since I stated I was pregnant I am currently 4 months that I've become dumber and everyone there notices it too. And she constantly talks to my co-workers about me making jokes. Its to the point where I don't even feel like coming in because of the fact... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2019

I have seen this same intentional discriminatory behavior before. In my professional opinion you have stated at least one viable claim of discrimination (pregnancy). I advise you to contact the Florida Commission on Human Relations (FCHR) in Tallahassee Florida. Their toll-free telephone number is... Read more »

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