T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

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

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

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

If you believe there are other reasons for your termination, other than a financial reason by your employer, then I suggest you consult with your employer. As an employee at Will, you can be terminated for any reason at any time, and your employer has no obligation to provide you two weeks of work.

Michael Celso Gonzalez Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2023

You should absolutely not speak to the police without first consulting, an attorney, who not only is experienced with these types of cases involving inappropriate contact, but focuses their entire practice in representing people with these types of accusations. The police might lull you into a... View More

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

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

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

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

If your daughter is being harassed or discriminated against based on her race, she needs to bring this to the attention of human resources and/or her direct supervisor. After the supervisor is on notice, they have a duty to either separate the employees from your daughter, or discharge them. If... View More

Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work... View More

Offering more than they have to would certainly be surprising. Generally, a party that has rights under the law can voluntarily waive those rights. That is a general guideline I am giving you, not a legal opinion for your particular situation, as I could not be certain of the answer to your... View More

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees... View More

They don't have to pay you electronically (unless an employment contract provides otherwise), so go to the office, collect the check, and, if you like, refuse to sign the letter.

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

James L. Arrasmith 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

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

I strongly suggest that you hire an employment lawyer to discuss this rather than ask all these very important questions here on this public website. The fee for speaking to most experienced employment lawyers is very reasonable. Search for one using the website's Find a Lawyer tab.