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Florida Employment Discrimination Questions & Answers
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...
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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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1 Answer | Asked in Employment Discrimination for Florida on
Q: Do I have a possible wrongful termination or other case?

I was under a bargaining agreement with a city gov. The contract my manager sent to me clearly stated you could NOT dicipline someone for "medically excused days".

I had a fair amount of absences which were all medically excused. However they fired me for attendance.

Can they just... Read more »

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

If your job is under a union barging agreement you should direct this question to the union shop steward, or to the lawyers who represent to union.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Florida on
Q: Can I sue ADP for damages due to garnishment errors?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the filing fee and then pay another hundred bucks or so for service of process. Finally, if a court of law... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I work for an employer with over 200 employees and I receive FMLA due to health issues. Originally my Manger started

Originally my Manger started off sending messages while on leave to me about work related concerns eventually it transpired to I need to let them know ahead of time if I plan on being out of work. I was told my attendance is an outlier and that instead of staying home not doing anything come to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2019

The FLMA is not intended to be used as any kind of excuse to avoid going to work. The FMLA is intended to help people who have demonstrated some legitimate short term health concerns or who have family members with legitimate short term health concerns--i.e., are expected to last six months or... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: do I have to use my STD if I’m only going to be out of work for 3 was or am I entitled to my 340 ESL hrs
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

This is not a legal question. Ask the HR department where you work.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: If you accepted a position in another department under the same employer,

Can your old supervisor came back after approving your timesheet and question what you did the last few days of that pay period? Seems like harassment to me when they have claimed in their email that they didnt see you on your last day, lied about other employees inquiring about your whereabouts... Read more »

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

There is nothing even close to "harassment" anywhere near your set of facts.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I sue my employer for treating me different from everyone else?

He gives everyone overtime except me. I have a set schedule since I started there 2 years ago because I work two job. All of a sudden he cut my hours and tell me " you have to work a night shift them we can talk about getting your hours back" am the only one he does stuff like that to.. I was due... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2019

No, your employer is not required to treat you like everyone else, unless he is treating you differently on the basis of race, religion, ethnicity, sex, or other such classification.

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1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Florida on
Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?

My name is on this form several times. Not only did he share my medical information but used me as a example of what happens if you fail a drug test. Slandered my name. No one ever fired me properly either. I was never contacted by the owner. The general manager just texted me and said "dont come... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 10, 2019

Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: I work for a veterinarian 9 years he’s selling his business says he won’t give me my 2 weeks vacation can he do this.

He won’t let me take it and says he won’t pay me for it. There has only been 2 employees for over 5 yrs there was never a handbook. It’s was just what I was told I’ve received 2 week paid vacations for 5 years now.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 4, 2019

It depends on whether you have a written employment contract providing for such vacation time.

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Florida on
Q: Employer failed to update my I9 with HR and didn’t let me work but I have copy of updated info. It was their mistake

Hi: I informed my employer of my status changing from EAD to green Card as soon as it did. I went 3 weeks ago and updated my I-9 and presented my card, signed my I9, and received a copy of it. The manager somehow felt to upload the new info into their system, and today I was told I couldn’t work... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2019

Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate... Read more »

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: I have been told that I cannot work because I do not speak Spanish. Is this discrimination?

Sounds a little discriminatory. Also, Being denied because of your disability is a need to know also.

Charles M.  Baron
Charles M. Baron answered on Mar 15, 2019

You raise two separate issues - (A) denial of position due to inability to speak Spanish, and (B) denial of position due to a disability.

Regarding a requirement to have Spanish-speaking ability, that would be illegal national origin discrimination (triggering a potential claim) UNLESS it...
Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Where can I find online number of age discrimination cases filed, settled, and with trial completed by state please.

US Courts website has certain tables with data, but nothing about age discrimination.

Kevin Sanderson
Kevin Sanderson answered on Feb 22, 2019

When you find it let me know. Settlement data especially is very hard to come by as settlements are most often confidential. Plaintiffs and their counsel dont have as much statistical information as exists in some other areas of civil trial law.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: If a 15 year old had sex with a manager(30 years of age) of a large grocery chain over 20 years ago is there a case?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 10, 2019

No, the applicable statute of limitations would have tolled.

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