Lawyers, Answer Questions  & Get Points Log In
Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Is there any legal standing in florida as an employee to mandate masks worn at my desk and cubical when people enter it.

I work in a warehouse in the state of florida and was told to remove my signs requiring masks saying that I couldn't have them by my hr lady. We had about 8 people test positive this month and I can not get sick due to health reasons of my own, and for loved ones. I want to know my rights but... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Jan 22, 2022

As an at will employee, you can't force other employees to wear masks but you have the legal right to voluntarily terminate your employment to remove yourself from your undesirable situation.

Alternatively, if you feel the company policy is unfair and adversely affecting the terms and...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I work for a store in south Florida. My company is a large clothing retailer. Before the Supreme Court OSHA decision,

we were given an onboard vaccination status section to fill out by January 29. Besides the uploading of card and questions about dates of vaccine and booster for those who have opted to take vaccinations, there is a question for those who have not.

It gives 3 options to answer for why not:... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Jan 20, 2022

Under Fla. Stat. § 381.00317, a private employer may not impose a vaccine mandate unless the employees are allowed to opt out on the basis of 5 separate reasons:

- Medical reasons (including pregnancy & anticipated future pregnancy)

- Religious reasons (including moral or...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If I accepted a work from home position can the employer now force me to work at a location?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

Yes. Employment is at will. If your employer no longer wants you to work at home, you either take it or leave it.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would being terminated for Job Abandonment disqualify me from possible unemployment income?

I had made an accommodation request of my employers to relocate from IL to FL on account of my health being impacted by the environment in IL as well as my spouse relocating. Despite sending several emails making a plea to my director, manager and HR to the fact that I will be without a home if I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 7, 2022

As far as I know, job abandonment is a valid reason for termination and denial of employment benefits in Florida and most other states. But to be sure you need to ask a lawyer in Illinois whether that is the law in Illinois.

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Tax Law for Florida on
Q: Florida Unemployment Overpayment payback demand for continued PUA -i appealed and no response!

It says 'insufficent evidence' for self employment for the continued payments starting Dec 27 2020. It was good enough for 2020 but then not anymore. I thought i uploaded schedule C from 2019 but apperently the DEO did not get it and so they claim i got to pay back 18x125 (not including... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 6, 2022

You CANNOT handle this giant problem by yourself. Hire an experienced unemployment comp lawyer immediately, and pay them to appeal for you.

2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... Read more »

Linda Liang
Linda Liang answered on Jan 5, 2022

You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: I signed a noncompete,then let go,then rehired,DID NOT sign a NEW noncompete, is my original still in play,or am I free
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

The original agreement is probably still binding, but of course it would depend on the exact wording.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

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

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... Read more »

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: If I got a offer letter wouldn’t that mean that I am hired by the employer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 24, 2021

No, not necessarily; why?

Because most if not all employers do not go to the expense of doing background checks until AFTER the applicant has been "hired." It is too expensive and takes too long to run background checks on every applicant

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Hello I have a question. Regarding COVID 19 vaccine mandates in Florida.

Hello I have a question. I live in the state of Florida. I was offered a position for a new job, my background cleared and is at 100% completion with no discrepancies. I was called by the company stating I answered no to their question for vaccine. I told her that is correct and also informed I... Read more »

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

Assuming that you never got the job you applied for. the answer is no, you have no case. Why?

Because Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Hello I work for davey tree service in florida and I was told to stay home because of the weather.

Seeing as I didn’t choose to stay home and was told to by my employer, am I still entitled to my full days pay ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 21, 2021

Ahhhhhh...no.

If that is how the payroll systems work can you imagine the money a bankrupt business would have to continue paying its former employees--for not working?

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I do not have a non compete. I was terminated. Can I be sued for telling my clients to come with me in a Google review?

I posted the truth of my firing and told my clients how to find me in a Google review under the business website. Is this actionable?

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2021

Depends on whether your actions could be viewed as stealing your former employer's clients, which could give rise to a suit for tortious interference with contractual business relationships or advantageous business relationships. The absence of a non-compete clause may be irrelevant in that... Read more »

2 Answers | Asked in Contracts and Employment Law for Florida on
Q: What is the risk for me if company C finds out about company A?

I am the owner of company A (Luxury Chocolates) & B (BizDev) and I will work as a BizDev contractor for company C (Luxury Candies). Company C provides to me full access to their portfolio of customers and wants me to sign an NDA with no time limit. What is the risk for me if company C finds out... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 16, 2021

If either Luxury Chocolates or BizDev Co. does business with any of Luxury Candles' customers, you will presumed to have violated the NDA. If they take you to court, I suspect that it would be next to impossible for you to prove that you did not violate the agreement.

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: Is it legal for an employer to tell other employees that I refused or felled a drug test why I’m no longer with the com

I got a phone call from acouple of people I used to work with telling me that the boss has told everyone that I felled a drug test is the reason I no longer work there. After 17yrs with them. I do have recording device thats for my phone and I do have audio of them telling me this.

Linda Liang
Linda Liang answered on Dec 3, 2021

First, do you recall having confidentiality agreement with the manager before you agree to a drug test? If you do, telling others breached the contract.

Secondly, is it true that you were fired for the reason? If it is not, you have a case against the employer for defamation.

You...
Read more »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Hired for a job to drive sprinter van. Was asked to drive box truck one day and said I was unable to. Was fired. Legal ?

Our van was in Penske shop and swapped for box truck rental . I was fired for “ refusal to work “ when in reality I have never drove a box truck before and felt uncomfortable and unsafe doing so . Is this legal for company to fire me when this was never in the original job description or there... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

Is what your employer did legal? Yes. Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”

The only...
Read more »

2 Answers | Asked in Employment Law for Florida on
Q: If I am unable to use my comp time because my job is too demanding to take off that much, can employer forfeit my time?

I am an exempt employee (manager) and my comp bank is almost always full. Due to the nature of my work (events) I am unable to take enough time off to keep my comp bank down. My employer notified me that because I was unable to use it, I have forfeited over 100 hours. Since I can’t take that much... Read more »

Linda Liang
Linda Liang answered on Dec 1, 2021

You are exempt employees, which means you are not eligible for overtime pay. Accordingly, any comp time offered for hours worked in excess of 40 per week falls at the sole discretion of the employer.

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: I was hired as part-time in Nov. 2017, but was worked full-time hours from Nov. 2018 - June 2021. Is this legal?

I was hired as a guest-service associate in 2017; it was considered a part-time position. However, from November 2018 to June 2021, I assumed the responsibilities of a receptionist with some administrative-assistant related responsibilities. I typically worked 38-40 hours a week on average, but was... Read more »

Linda Liang
Linda Liang answered on Nov 21, 2021

For small employers, benefit plans tend to be offered on a voluntary basis: there is generally no legal requirement that small employers provide health or welfare benefits to their employees, unless your employment contract requires it or your employer is providing the same benefit to similarly... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: It I work for a job that pays me 13 an hour to clean buses and be around people shouldn't I be paid more due to covid-19

I'm in South Bay Florida

Charles M.  Baron
Charles M. Baron answered on Nov 18, 2021

Morally, yes they should. Legally, there currently is no requirement to do so. Transit workers unions have been asking Congress to pass a Federal law requiring such hazard pay - see: https://www.atu.org/media/releases/the-atu-and-twu-to-congress-hero-transit-workers-deserve-hazard-pay... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If I had a verbal agreement with my employer to be able to leave early on Fridays without being docked pto or pay and

After 3 years of never being docked, my check began getting deducted without being advised, is my employer in the wrong.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2021

No, your employer is not "in the wrong." Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”...
Read more »

2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: can an employer change the terms of your 10-99 contract after signing?

Employer is looking to change my full time base salary from 3,500 to a job by job pay until sales pick back up. Is this legal?

Jane Kim
Jane Kim answered on Nov 16, 2021

As a 1099 contractor, you are not an employee but a self-employed independent contractor.

If you have an actual employment contract (rare), the contract will dictate the terms of the relationship, for how long and how much. it should also provide for rights to modify its terms.

If...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.