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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: I have spent 4 years trying to get HR to help me. They didn't trust or believe me. It took 9 people quit
Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

A Florida attorney could advise best, but your post remains open for a week. If this involved an injury (you included Personal Injury in your categories), it isn't clear from the brief description what type of injury it was. If there was an injury that arose in the course of employment, a... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Employment Law - if I'm self-employed (as an LLC) - am I entitled to unemployment benefits under COVID?

I am under an LLC (one member) and provided earnings for one year. My Notice of Monetary Determination shows reason ineligible because of "No Florida Wages". Under normal circumstances, I obviously would not have applied but because of Covid, I had to close my business and I thought... Read more »

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

No one is entitled to any unemployment benefits unless the company they worked for has paid all the payroll taxes covering your employment. So if your LLC was the employee it is very unlikely that whoever "employed" you paid Florida's payroll taxes for you. If your LLC paid the... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Do I need a paid attorney to file a discrimination/harassment suit in Federal Court after I get my right to sue letter

From the EEOC

Stephen Arnold Black
Stephen Arnold Black answered on Jun 30, 2020

Not not always. Some of us work off straight contingency fee which means you pay nothing unless you win the case. Discuss your case with counsel here in Florida.

1 Answer | Asked in Employment Law and Agricultural Law for Florida on
Q: Is this illegal?

This is an agriculture business, one of my employees was demanding a raise or he was quiting and having another employee fired or else he was quiting, which neither happened. At the same time he had his car repossessed and was blaming it on the fact that the company doesn't pay him enough (he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2020

Is what illegal? He can quit, of course, or you can fire him under most circumstances. What would his "wrongful termination" claim be; it's not enough for him to complain that he was fired "wrongfully", employment is generally "at will", which means that an... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can my employer require me to give additional biometrics for new time clock system reasons after massive data breach?

My employer recently mistakenly sent 8,000+ employee names, SSNs, and addresses to a former employee seeking their own information. They were made aware by said employee for months before admitting it and telling those exposed. Since then, they’ve switched payroll and time clock systems. The new... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 16, 2020

Yes. Your employer can do whatever they want to do to all their employees who do not have written contracts saying otherwise. Why?

Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire...
Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Vacation time and holidays

I started three months ago I was told two weeks vacation a year and seven holidays I just found out today they force you to take a vacation day with every holiday I was never told I would not have signed my contract if I knew that So, if there are seven holidays, you have just lost seven of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 16, 2020

Yes, your new employer can certainly do that--and can do whatever else they decide to do. 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,...
Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Our company is telling us we need to sign a arbitration agreement as a condition of employment. can they do this?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 15, 2020

Yes. And they can terminate you if you refuse. 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 only thing ANY employers... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?

my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?

Archibald Johns Thomas III
Archibald Johns Thomas III answered on Jun 17, 2020

Your answer depends primarily on the employer's motive or reason for termination. For example, if it is because of the salary level, there is no law prohibiting that in Florida. On the other hand, if it is because of the employee's age, clearly that is illegal. In terms of the failure to... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: employment was termed due to CoVid, w/o any severance, am I entitled to the 3 weeks of paid vacation earned?

I worked for Landry's for 11 years, after 2 months of unpaid furlough, I was permanent laid off due to the CoVid shutdown. I was not given any severance pay, additionally, I had 3 weeks of paid vacation earned, I am entitled to that? I was one of many managers that were let go, perhaps as... Read more »

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

First advice: Unless you already have, you should apply for unemployment benefits at the Florida Department of Economic Opportunity, here in Tallahassee. You can file electronically online.

Second advice: If you feel you have been discriminated against by actions of your supervisors or...
Read more »

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Fired for small mistakes, never put on a performance plan. I was the only women on the team. What should I do ?

I was working at a new job and was suddenly fired after being told I was performing great 3 days prior. The owner found some typos in my work and that was the reason given for my firing. I was a W2 salary employee with benefits. I was the only women on the team and one of the only ones, as they... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 14, 2020

You did not indicate whether you believe you were discriminated against on the basis of sex, though perhaps you are wondering if you were. If so, the circumstances of your work history and termination must be examined in detail to determine if you have a viable potential discrimination claim. If... Read more »

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Q: I'm a civilian federal employee for the USAF, how can the FAA pay its employees more in the same career field as me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Probably because the USAF and the FAA are legally not the same employer; neither is any other federal agency the same as the FAA or the USAF. FYI: Every federal agency employer is different from all others; and the military civilian corps is completely different than that of any federal agency.

2 Answers | Asked in Employment Law, Immigration Law and Child Support for Florida on
Q: If I get kick out at young age where can I get help ?

I just turned 18. I’m applying to college and I just got a job at McDonald’s. I have no other family in this country except my dad who threatens to kick me out . I don’t know much about how to live In this country . I’m still new to this country. I have no where to go and no one to help me... Read more »

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

Please talk to someone you know in your community, perhaps the manager at the McDonalds where you work--or the guidance counsellors at the college you are applying for--or Google "Mental health Help Line" and look for a mental health organization in in the Winter haven area. Do not wait... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: I just want to know if I feel that my employer was negligent on keeping us safe from covid-19??

I express to my employer that I did not feel safe when I went back to work due to covid-19 but I have to work so I had no choice but to go back when I get there I noticed that people are rarely wearing their masks there barely practicing social distancing the supervisors and employees that I... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 6, 2020

Not sure if you are asking about employment rights or ability to bring a claim for money damages, or both.

Either way, your employer must follow all government-mandated Covid-19 restrictions. So step one is see exactly what mandated restrictions apply to your type of work. If you...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: The company I work for is in Minnesota but I live in Florida and I travel to various states for work.

Which state do I file for unemployment ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2020

Florida.

1 Answer | Asked in Employment Law for Florida on
Q: I am looking for a labor attorney who has handled PERC cases, i.e., labor contracts and unfair union representation.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2020

Search for a lawyer using the "Find a Lawyer" tab at the top of this page.

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Florida on
Q: Will I have legal problems if I signed an American Employment contract in another country (mexico) ?

I signed an Employment at-will contract, which was created under our American jurisdiction, but I had to sing it in an another country. The question is related with the uncertain problems that I could have in the future. There is contractual term which indicates that in the case of any dispute or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

If and when the contract is ever raised in litigation (or arbitration), be sure to make your attorney aware of it. I don't know what the contract says, but "employment at will" is the law just about everywhere in the U.S. anyway.

1 Answer | Asked in Employment Law for Florida on
Q: The company I work for is based in Minnesota but I live in Florida. Where do I file unemployment benefits

I have been laid off due to pandemic

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 3, 2020

If you work in Florida you should file for benefits in Florida.

1 Answer | Asked in Employment Law for Florida on
Q: Can PPP be used to pay employees instead of regular paycheck after they have returned to work?

My employer got the PPP for us while we were shut down. We have returned to work and she still has to pay us the PPP till it runs out, but we are back and earning our commission and instead of paying us what we’ve earned and the PPP she is keeping our commission and only giving us our PPP. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 3, 2020

The fact that your employer must use most of the PPP funds they borrowed only for employee wages, salaries and certain employment benefits has nothing to do with the amount of money any employees are paid. Unless you and your employer have a written employment agreement that covers the amount of... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I'm a child at the age of 15. There is an unpaid internship position available, and I'd like to know what laws apply.
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 2, 2020

Asking "what laws apply" is a pretty broad question. If you are asking about child labor laws, such a position is probably exempt from them, assuming the internship is not for a dangerous occupation. If you are asking whether your parents approval is necessary, I suggest you wait to see... Read more »

1 Answer | Asked in Employment Law, Intellectual Property and Juvenile Law for Florida on
Q: My son worked for Taco Bell back in February or March of this year. He was hired, submitted all his sensitive

SS Number, dob, birth certificate etc. And i have been trying to get my sons check after working there 3 days, and me making him resign after the THIRD school night and his manager making him stay to almost midnight, on a school night! I have been trying to go through the store but nobody could... Read more »

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

If--as you say--your son has already given all his personal information to the owner of the Taco Bell franchise then there should be no reason for concern about re-submitting the same information in order to get the money owed.

But to answer your questions: No, the owner of the Taco Bell...
Read more »

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