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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: My manager called me into her office and said "I am frustrated with you". Is this a good statement?

Everyone has their share of mistakes, we do not live in a perfect world. Out of my years of work, I have never had a manager use that statement, against me. She is an HR manager, I feel very uncomfortable now. She also gave me a warning, Just want to know if there is a solution for this.

Brett Daniel Kaplan
Brett Daniel Kaplan
answered on Sep 30, 2022

Hi: I'm sorry for your situation feeling uncomfortable by the HR manager at work -- I appreciate that frustration. If you feel uncomfortable, you can always voice that to a different individual within the HR department. Also, to be sure, the law would be triggered here if the HR manager said... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Will a judge rule in a claiments favor if he has ordered all defenses the employer may have had to the claim striken?

The employer didnt show for mediation, and after numerous request to show cause; the judge ruled they willfully failed to comply and found sanctions to be appropriate. He then ordered all defenses the employer may have had to the claims made striken and set a final hearing.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If you are the claimant ("claimant" is spelled with an "a") you are closer to winning than you were before filing the claims. However, unless and until the Judge actually enters a judgment in your favor you are not out of the woods.

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2 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Wondering if I have a case for false accusations ,defamation of character and retaliation. I was terminated from work.

Was unable to defend my character as my new hired ED had terminated my position prior to a meeting set up that I sat for nothing. Their decision was already made. Executive Director stated she had documented proof of allegations of me bullying , threats made to staff and rumors and gossiping. I ask... Read more »

Eva Zelson
Eva Zelson
answered on Sep 23, 2022

It sounds as if you may have been fired in retaliation, but more information is needed. You mention information you learned some information you “shouldn’t have.” Does this relate to illegal activities or activities against company policy that could get management or co-workers in trouble? If... Read more »

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2 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Wondering if I have a case for false accusations ,defamation of character and retaliation. I was terminated from work.

Was unable to defend my character as my new hired ED had terminated my position prior to a meeting set up that I sat for nothing. Their decision was already made. Executive Director stated she had documented proof of allegations of me bullying , threats made to staff and rumors and gossiping. I ask... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2022

Yes, you may have a case. You would probably be able to obtain copies of those documents, and additional evidence, by engaging in discovery.

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My daughter is a server. The owner has opened 2 new restaurants. Can she be forced to work at a different restaurant?

The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2022

Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise... Read more »

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2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 11, 2022

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

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1 Answer | Asked in Employment Law and Small Claims for Florida on
Q: Is there any reason I would be exempt from my bonus?

1.8 years ago I referred an employee to my company during a referral bonus promotion, 5K after three months of her employment, and another 5K after one year. She was hired and started work last Sept. I received the 5K bonus after 3 months (but had to “nudge” the regional director and payroll to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2022

Yes, without looking at the paperwork, it looks like you will be entitled to the additional $5,000 on September 15th.

1 Answer | Asked in Employment Law for Florida on
Q: Is the pay structure and employment status my company is using legal?

I work for a tile installation company. Several months ago my boss made me a “subcontractor”. He told me I needed no license or anything, I would be payed per job, and by the square foot when the jobs were completed. Since then he has flopped back and forth between hourly and by the job pay, I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 27, 2022

If everything you say is true about this horrible employer, you will help yourself greatly by looking for another better job...now.

Your fear of not being paid for some of the work you have already done is one of the ways this employer keeps you stuck where you are.

Warning: Your...
Read more »

3 Answers | Asked in Employment Law for Florida on
Q: Do I have a legal recourse for being fired from my job while I was on leave? I was with my father while he was in ICU.

I was employed with my employer for about 5 months. During my time there I was constantly being harassed by other employees then being called into HR and accused of the same. Last week, I went on emergency leave to go up to TN because I found out that my father was having heart surgery and was in... Read more »

Jay P. Lechner Esq.
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Jay P. Lechner Esq.
answered on Aug 21, 2022

First, if the company honestly fired you based on "a finding that you were harassing other employees," then you have no case. Second, if the company's reason for termination is false and you were really fired for your complaints of harassment, the next questions would be "was... Read more »

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Is there a time frame in which an employer has to send an injured worker to be seen by a doctor?

I was injured on june 9th and was finally sent to a doctor on june 14th

Domenic J. Celeste
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Domenic J. Celeste
answered on Aug 10, 2022

Unfortunately, there is no specific timeframe to be sent to a doctor. 5 days after the date of accident may seem like a long time, but I've seen way longer. Delays in medical care are typical under work comp, even though the Statute says your benefits should be provided quick and efficiently,... Read more »

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1 Answer | Asked in Employment Law, Copyright and Trademark for Florida on
Q: Statute of limitation on company claiming ownership of my work?

I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... Read more »

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 9, 2022

Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Is it legal for an employer to deny a promotion to a different dept simply because their current dept is short staffed?

Although a different department wanted to higher my colleague, which would have been a promotion for her, the supervisors in my colleague's current department told them not to hire her because they were currently short staffed in their department and didn't want her to leave. The staffing... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2022

Sure, it's legal, PROVIDED that the reason given for denial of promotion is not a pretext (that is, a fake reason) to mask an unrevealed reason that is prohibited by law, such as the laws prohibiting certain types of discrimination and retaliation.

1 Answer | Asked in Employment Law for Florida on
Q: Can my employer require me to take an unpaid lunch at a certain time and not permit you to leave the building

Job forcing lunch at 2am while having a policy in place that they can terminate you if you leave the building between 12am and 4am. There is no way to get food and I don't have time to bring food

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 2, 2022

Employers can require breaks for any purpose, whether it's labeled as a meal break or not. These breaks can also be unpaid if they are for 30 minutes or longer. However, if you still have to perform work during this break time, then you are not considered to be fully relieved of your duties,... Read more »

1 Answer | Asked in Personal Injury, Sexual Harassment and Employment Law for Florida on
Q: I’m in Florida, I was sexually assaulted by the owner of a large company about 10 years ago and was threatened not to ta

Can I do anything about it now

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2022

Sorry to hear about your ordeal. In answering, I am assuming that you were an adult at the time. For criminal investigation/prosecution, contact your local law enforcement agency or State Attorney's Office (felony intake). You may or may not be beyond the limitations period for criminal... Read more »

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: being sued for non compete after terminated from job in florida
Charles M.  Baron
Charles M. Baron
answered on Jul 25, 2022

The Justia site is for asking questions about legal issues. You simply made a statement about being sued, without asking a question. Was your intent to see if any lawyer out there would be interested in taking your case? If so, what you need to do is click on the Find-a-Lawyer tab on the upper... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I work for a church in the state of FL. Is the church permitted to terminate my employment based on my marriage status?

I have been employed with this organization for eight years, have always provided excellent delivery. My boss recently found out I had an affair, at that time I was given specific stipulations for continued employment based on the understanding that the moral code of the church had been broken when... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2022

Under Section 760.10 of the Fla. Civil Rights Act, it is generally unlawful to terminate an employee based on marital status (for example, if someone decides to get a divorce); however, the law exempts religious institutions as follows: "This section shall not apply to any religious... Read more »

1 Answer | Asked in Employment Law and Environmental for Florida on
Q: Do I have any legal put to stand on

The kitchen I work in is continually over 90 to 99゚ according to osha that's too hot what actions can I take

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2022

The first step is to request the employer to comply with the OHSA safety standard and to keep a paper or electronic trail of written communications about the issue. If the employer fails to comply or fires you for raising the issue, immediately seek a consultation with an employment law attorney... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I am the girlfriend of a general manager of pizza franchise the district manager is refusing to promote me

The district manager says that will never happen me being promoted because my boyfriend is the general manager...

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2022

And your question would be do you have a right to be promoted? Generally, no, not at all.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it Illegal for a district manager refuse someone a promotion if their boyfriend is a general manager of a restaurant
Charles M.  Baron
Charles M. Baron
answered on Jul 11, 2022

Your inquiry is not very understandable about the facts of the situation (such as, is the general manager the boyfriend of the "someone" or boyfriend of the district manager?), but, in any event, if you're talking about a private company, no law requires it to have some logical... Read more »

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Employment Law for Florida on
Q: Can portable fans be used in food preparation areas
Charles M.  Baron
Charles M. Baron
answered on Jul 4, 2022

This would be a question to ask a government agency overseeing restaurant and grocery store food prep conditions. Inspections are conducted by the Fla. Dept. of Agriculture and Consumer Services, and regulations are imposed by the Fla. Dept. of Business and Professional Regulation. This website... Read more »

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