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Florida Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination for Florida on
Q: I was wrongfully terminated during a pandemic. There is policy I broke but the policy states could be corrective action

The policy states it could be a corrective action UP TO termination. It’s a lot of grey area. I believe my boss who dislikes me terminated me as retaliation instead of issuing the corrective action.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 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 »

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I resigned from my employer, a large engineering firm, and they refuse to pay me for my last weeks of work.

The amount could be settled in small claims court, but I am unsure where to make that claim, my local office location (Orlando), corporate HQ office (Dallas), or payroll processing office (Pasadena, CA). Would an attorney help me for less than $10,000 owed.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Mar 24, 2020

This is a type of matter for which an employment attorney could help you. Often these disputes can be resolved prior to filing suit. If not, your actual place of employment generally is the correct jurisdiction. There may be other issues, so you should probably speak with an attorney.

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Q: Working for a company and having Medical marijuana

Is it illegal for an employer to refuse to hire someone due to smoking marijuana even if they have a medical marijuana card? The company is saying they have a strict "drug free policy" and cannot excuse marijuana from the drug screening even if a medical card is provided. The type of job being... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Mar 16, 2020

The employer is entitled to set requirements for the job. If qualifying in a drug free environment is one of the requirements, then you right (in Florida) to use medical marijuana does not exempt you from that requirement. For example, the employer can require that no person working can take cold... Read more »

2 Answers | Asked in Employment Discrimination and Sexual Harassment for Florida on
Q: If an owner of a company doesn't like an employee can he terminate me for reasons that have no proof to back it up
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 2, 2020

Yes. 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 cannot do is make any of these adverse employment decisions... Read more »

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2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Florida on
Q: Is there a law aginst employers takeing all of there employees tips be cause someone stole from them?

My names Kristina I work at a tropical smoothie in fort Pierce FL some one thought it was smart to steal 200$ from the cash register at my job an since my boss dosnt know who he started takeing every ones tips to pay off the two hundred dollars even though half of the employees had nuthing to do... Read more »

Linda Liang
Linda Liang answered on Feb 29, 2020

Yes

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1 Answer | Asked in Employment Discrimination, Employment Law and Education Law for Florida on
Q: I am an international graduate student with an employment issue. Where can I find legal help/advice?

I work in an abusive environment. I have documented evidence that my supervisor is abusive and also repeatedly lying. His lies form the basis of a dispute that will likely lead to my termination. I am an international PhD student on a low income

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 24, 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 »

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.

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