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Florida Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law for Florida on
Q: I quit my job and forfeited 140 hours PTO. Looking to get reinstated, can I get my time back?

The company had made a policy regarding PTO. They do no pay it out if you leave or you’re fired. I had left (five weeks ago now) for what I thought was a better job opportunity, however it is not and I am looking to get reinstated by my former employer. There’s nothing in their policies... Read more »

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

Experienced lawyer speaking:

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls.

Therefore, I am tightly constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your...
Read more »

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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1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: I lodged a discrimination complaint about my manager and had received 2 discipline statements since. Retaliation? Or not
Rhiannon Herbert
Rhiannon Herbert answered on May 11, 2021

In order to constitute retaliation, a complaint of discrimination must result in what's called an "adverse employment action." This is a legally defined term and includes such actions as termination, demotion, a cut in pay, or a transfer to a less favorable job. However, disciplinary... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Can I get some advice about workplace retaliation?

My manager wrote a counseling statement on me shortly after I accused him of singling me out due to my age.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on May 9, 2021

Both federal and state law prohibit an employer from retaliating against an employee for objecting to unlawful age discrimination. There a number of factual issues that would need to be addressed before anyone could provide "advice" on this matter.

1 Answer | Asked in Employment Law for Florida on
Q: I got a hand injury at work today do to use a mixer that the lid was broken.

I let my employers know days before that the mix lid was broken they did nothing about it today the lid fell and crash my hand. Tho the injury is not to bad. But I fell like I shouldn't of been made to use it. Is there any thing I can do about it?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 7, 2021

You could report your employer to the authorities.

1 Answer | Asked in Employment Law for Florida on
Q: Writ of Garnishment of wages, dissolved 01/04/2021, job notified. 04/05/21 a Writ of Garnishment was delivered to my job

A Writ of Garnishment of wages was dismissed 01/04/2021 and info was sent to my employer 01/04/2021. On 04/05/21 , a Writ of Garnishment was delivered to my employer for the same dissolved case and my employer has garnished my wages. My employer is refusing to cease the garnishment of my wages... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2021

You cannot get rid of the new writ by complaining about it to your employer. They MUST obey a judicial order, and will not listen to your lamentations. The only way to stop the new writ is to stop it in the court.

1 Answer | Asked in Employment Law for Florida on
Q: time card

Was asked by employer to work during furlough 

What's told I would be paid cash because of Furlough 

I tried for 6 months to Get paid for that time

7 months later they took away vacation time that I had already  taken and been paid for and replaced with the hours... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 26, 2021

And do you have a question?

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer who terminated me contact my other current employer and disclose my termination and reason?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 22, 2021

Yes. But your previous employer had best be careful or else face a defamation suit.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: My current employer is changing hands, can the new employer not hire me due to credit issues faced face during COVD 19?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 20, 2021

Yes, your employer doesn't need any reason to not hire you.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Florida on
Q: What can I do about opposing counsel who won't participate in the case management meeting?

M.D.Florida I hired an attorney on contingency but he dumped my case a year into it so am left to recover my wages on my own. The other side filed a motion to dismiss and asked to stay discovery, pretrial events, and filing an answer pending a ruling on the motion. That was almost 3 months ago... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

When you need some type of relief for any situation arising during the proceedings, you first, in writing, seek agreement from opposing counsel, and if you don't amicably resolve the issue, you file a motion asking the Court to order the relief you seek. However, you would be very foolish to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Maternity leave benefit question.

I am working for the company that has maternity leave benefit. But when I requested maternity leave, they denied it and told me that I am actually working for different entity, and that entity doesn't have this benefit. I checked my W2 form and in there name of the company that has maternity... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 6, 2021

You can try pointing out the discrepancy in company names to HR; it's possible they just made a mistake when denying your application. If they still deny your claim, you can apply for FMLA leave to use for the birth of your child and recovery period if you have worked for your company at least... Read more »

1 Answer | Asked in Employment Law and Civil Litigation for Florida on
Q: What can I do when an attorney won't participate in a case management meeting & confer to develop a CM report for court?

Defendant filed a mtd 3 months ago in which he requested a stay on discovery and all pretrial events pending a ruling on the motion. Since a pending mtd does not create an automatic stay, nor does a pending request for one, I have attempted to schedule a CM meeting but opposing counsel refuses to... Read more »

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

If as you say you are in a federal district court you need to know that federal court judges can decide motions without conducting a hearing-like they have to do in state courts.

So IMO, the most probable reason why there has been no action taken on the opponent's motion to stay is...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I’m a server in Florida. Can an employer deduct your earned tips to pay their credit card fees?

I was not notified of this practice beforehand, and had to bring it up to my employer once I noticed the tips being deducted without my consent.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 28, 2021

The short answer is "Yes." And so is the longer answer. Why?

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

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: what is considered unauthorized work

Hi. I applied for US Permanent Resident in October 2019 and I received the card in April 2020. I am a relative of a US citizen. If someone wants to pay me for a voluntary work i did in January 2020, will that be considered illegal? what are the exceptions USCIS provides? Thanks

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 18, 2021

The question poses two issues: unpaid wages by an employer (regardless of immigration status), which I won't discuss, and the impact of work without authorization on a family-based petition. I will assume that you were granted lawful permanent resident status through marriage to a US citizen... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can a job fire you for not having a physical social security card on hand?

I have requested a new social security card and my job is aware of this but they won’t wait until I receive it. SSA.gov said that their other way employers can verify my identity without seeing my social security card. Can they lawfully fire me for this ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 13, 2021

Yes, they can fire you for any number of reasons. Try to figure out how to become so important to your employer that they don't want to fire you.

1 Answer | Asked in Employment Law for Florida on
Q: I make $10/hour. I get paid for 40 hours a week no matter what, even if I work overtime. Is this legal?
Rhiannon Herbert
Rhiannon Herbert answered on Mar 10, 2021

This will depend on what your job is. The Fair Labor Standards Act is the federal law governing payment of wages, and it generally requires employees to be paid overtime for all hours worked over 40 in a workweek. However, there are exceptions for employees paid on a salary basis (i.e. you receive... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I was wondering how to get a lawyer based on unauthorized background check without my consent and also harassment at job
Charles M.  Baron
Charles M. Baron answered on Mar 9, 2021

You need to consult an attorney handling employment matters. Our firm (Tel. 954-919-5669) handles such matters, as do many other South Fla. firms. If you'd like to conduct a search for such firms, you could try the Justia "Find a Lawyer" tab, and you also have the option of... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Hi 25 years working. U get demoted. Can they cut ur pay?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 6, 2021

Yes.

1 Answer | Asked in Agricultural Law and Employment Law for Florida on
Q: I think my boss wants me to break a law for his business, can I be held accountable?

I work at a pet boarding facility, and in the state of Florida, owners are required to have their dogs up to date on their rabies vaccine. My boss told me to accept a dog that is out of date on his rabies vaccine..

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2021

I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours.

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