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Florida Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Florida on
Q: Can I sue the founder of a startup for failing to pay deferred salary as promised in writing?

Required to defer salary since June 1. Founder of company sent a letter August 1 promising to pay all deferred salary by August 31. When I requested the money I was furloughed.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2020

Maybe. But the founder may well be judgment-proof. Or, if the "startup" is a corporation or LLC, you may have a problem with the limited liability that pertains to such entities.

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1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for employer to keep the tips that customers give the server with credit card? The owner keeps the money.

I started working at a restaurant. It’s a family owned business. Cash tips belong to the server. However when you serve a table and they pay with credit card then leave a tip on the receipts, the owner keeps the money instead of the server. Customers do not know so they believe they are tipping... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 7, 2020

There is nothing illegal about this. If fact there is no law requiring the owner to allow you and other servers to keep cash tips. Be careful complaining because the owner can terminate you in a New York minute; for no reason.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Safety sensitive position and needed prescription drugs.

I currently operate heavy machinery for my job. What options would I have if my employer found out I was on a prescribed med with a waring that you should not operate heavy machinery when taking, yet my dr has provided documentation I can preform all my essential job functions and not put myself or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 7, 2020

If I was your employer, I would not believe the documentation from your doctor. Your options would be to either get a new job or not get one.

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1 Answer | Asked in Employment Law for Florida on
Q: I resigned from a job on Friday. On Monday a potential employer told me I can't get hired due to former employer having

Investigation against me. I was unaware of any investigation. Is my former employer required to tell me of an investigation and allegations against me?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 1, 2020

No, employers are under no obligation to inform employees that they are "being investigated."

However, your former employer should not have told the new employer about the investigation either.

1 Answer | Asked in Employment Law for Florida on
Q: If I don't like the outcome of the Labor Board, can I take my old employer to court instead?

I am owed $5000 from my old employer. I went to the Labor Board and since I didn't work over 40 hours I only can get 7.25 minimum wage which means my old employer would only owe about $1500. He was supposed to pay by August 7th, but still hasn't. I am unhappy with the amount I am getting... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 28, 2020

Yes. If by "Labor Board" you mean the U.S. Department of Labor, they only have jurisdiction to enforce the federal overtime and minimum wage laws. The state minimum wage in Florida is $8.56 per hour. You could pursue a civil action for the higher state minimum wage amount plus potential... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can a boss as your coworker if they saw you without a mask on? I have an exemption for medical reasons. Is this a hippa
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2020

Yes, your boss may ASK your co-worker. You claim that you have some sort of medical exemption (suggesting to me that you in fact were not wearing a mask); does your boss recognize that exemption? And, unless your co-worker is providing you health care, this has nothing to do with HIPAA.

2 Answers | Asked in Employment Law for Florida on
Q: Is an employer responsible for supplying equipment/gear needed to do the job required?

I work in a freezer warehouse. With below 0 temperature for a minimum of 9 hours a day. My employer tells me that I have to supply my own boots, suit and gloves.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2020

No, there is no Florida law requiring employers to supply any personal stuff to their employees.

Suggestion: Rather than expecting your employer to buy your boots, gloves and some sort of jacket, why not say a prayer and be thankful that you have a good job, especially when there are...
Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Does my At Will clause allow my employer to change my salary

My employer believes the AT WILL term in my contract gives them the right to change my weekly salary AT WILL. My salary is described in the contract as fixed. Here is the AT WILL term they are using: XX HEREBY REPRESENTS AND YOU AGREE AND UNDERSTAND THAT YOUR EMPLOYMENT WITH XX IS AT WILL. THIS... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2020

Yes. The "contract" is a clever way of saying that you have no contractual employment rights. Your employer can fire you "at will", can change your salary "at will", or can alter any other term of the "contract" at will.

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I work for a lawnscaping company in Gainesville, FL. I have been there for 5 months and I see that the lawnscaping company isn't p

August 13th, 2020 I was using a weed-eater at a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 19, 2020

Your exclusive remedy is workers compensation. File a claim with your employer's workers compensation carrier.

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1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Florida on
Q: I have an open case with the EEOC for wrongful termination. I have an employment attorney that I am working with,

however, I am being subjected to constant cyber attacks via my personal computer and my phone by my former employer. I am looking for an attorney to assist me with an injunction or a protection order...something to make them stop the attacks. Is this possible?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

If you are currently prosecuting an EEOC charge and have an employment lawyer assisting you then get off the Internet and call your lawyer. You CANNOT do what you think you want to do; and no Florida lawyer will help you anyway. You MUST report all of this to your employment lawyer.

1 Answer | Asked in Employment Law for Florida on
Q: Camera placed in bathroom at work, do I have any rights?

I work in a correctional facility with the state of florida and was informed that a camera was placed in the employee bathroom of my officer station, no stalls just one bathroom with one toilet and a sink, to record other co-workers, but I use the same bathroom and am not sure if I was recorded or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

Unless the camera was placed in an inappropriate place--like inside a stall in a women's public bathroom, you have no viable claim--especially since you said you do not know whether or not you were captured on the camera. Moreover, your alleged "stressing" over the possibility of... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Is it illegal to be a server in a restaurant & be forced to pay for any mistakes or walk outs of customers from your _

So it' not illegal to make employees pay out of pocket for walk outs, mistakes, & a % of merchant credit card costs to the restaurant? From what ive read in the labor laws, these are all illegal actions on their part, regardless if Fla. is a "no fault" state & can terminate... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2020

Nothing has changed in the restaurant business over the past 30 years. Surely you must know that some restaurants are much better to work at than others. And some restaurant owners or managers are better to work for than others. If you are being treated badly by the restaurant that just terminated... Read more »

4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Florida on
Q: Is my employer retaliating against me or doing anything else that is unlawful?

N/A

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

Your post seems to come from Florida, we have different laws in CA, but you are covered under the ADA, everywhere. It is very difficult to respond to your inquiry because you do not say whether you can perform all the essential functions of the job with or without a reasonable accommodation, and... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Getting no response re $600.00 unemployment stimulus claim from April. Can they just stonewall indefinitely; no reply?

The state claim was declined because my erstwhile employer was a church non-profit; that was expected. The stimulus doesn't make that distinction, however.

I left, BTW, due to distancing and wearing of masks not being practiced and after her payroll service (ADP) called me personally... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 8, 2020

If you are waiting for Florida DOE to open up their phones you are going to have a very long wait. And even if you get through they will tell you they have nothing to do with the extra $600 weekly employment payments--that just stopped. Consider hiring a lawyer help you get the federal payments you... Read more »

3 Answers | Asked in Election Law, Employment Discrimination and Employment Law for Florida on
Q: Are you required to pay your employer back for something when you never signed a contract saying you would?

My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2020

Rather than be concerned about whether you should have to repay your employer you should be more concerned about being terminated if you refuse. Florida employers can terminate employees at any time for any reason.

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1 Answer | Asked in Employment Law for Florida on
Q: Company I work for made it manditory to work 6 days a week or u get fired
Carrie Dyer
Carrie Dyer answered on Aug 5, 2020

Unless you have an employment contract stating otherwise, your employer can mandate 6-day workweeks for its employees.

1 Answer | Asked in Employment Law for Florida on
Q: I am paid hourly. My manager is requiring me to take & make calls & emails in my personal time uncompensated. Is this ok

Do I have a right to refuse?

Alberto Naranjo
Alberto Naranjo answered on Aug 3, 2020

If its work-related, no, this is illegal. Call an attorney to discuss your options to recover unpaid wages. This is a violation of the FLSA.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was laid off from may job, and asked to continue working until 9/4/20 with a two paid period severance

During that time I had a auto accident and was hospitalized with injuries and surgeries, work comp is now involved and I don’t know my legal rights because being laid off prior.

Tim Akpinar
Tim Akpinar answered on Jul 30, 2020

A Florida attorney could advise best, but your question remains open for two weeks. A good starting point would be to try to arrange free initial consults with a personal injury attorney - and if the accident occurred in the course of employment, a workers' comp attorney. Move quickly, so... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Florida on
Q: I felt pressured into having a brief affair with a superior at work who is like family to the owner can I get severance?

She is a family friend of the owner. I sent an email to HR and asked if this was a fireable offense. I don't want to return to work unless she resigns. She has family that works there and they said I could try to get her to resign but that wouldn't work be cause the owner loves her like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2020

If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... Read more »

1 Answer | Asked in Employment Law, Tax Law, Business Formation and Business Law for Florida on
Q: Opening an online store with stickers/prints/shirts. Will be making less than 100K a year. What permits do I need in FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2020

You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.

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