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Florida Employment Law Questions & Answers
2 Answers | Asked in Contracts, Employment Law and Personal Injury for Florida on
Q: How can I handle non-payment for HVAC replacement by a solar company in Florida?

I entered into a contract with a solar company that included replacing the HVAC system along with the roof and installing solar panels on my house. While the roof and solar panels have been completed, I am still waiting for the funds to replace the HVAC system through my preferred company, as they... View More

Erik A. Perez
Erik A. Perez
answered on Jun 3, 2025

As it relates to depression and anxiety and any non-economic damages, Florida generally does not allow recovery of those damages under these sort of circumstances in the way you have described them. Nevertheless, you may sue them for breach of contract and other causes of action to obtain the money... View More

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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for Florida on
Q: Do I have to sign an arbitration agreement after job change in Florida?

I'm in Florida and have been employed with my company for five years. Recently, I was moved to a new department in a lateral position, which I felt I had no choice but to accept. My employer just sent me an arbitration agreement to sign with a specified deadline. I haven't spoken with HR... View More

Tim Akpinar
Tim Akpinar
answered on May 27, 2025

A Florida employment attorney could advise best, but your question remains open for almost two weeks, and you mention a deadline. My experience with arbitration agreements is limited to injury claims, but from my experience there, I can say that they are enforceable (in terms of precluding... View More

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2 Answers | Asked in Civil Rights, Employment Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Legal steps for church governance violations, threats, and retaliation.

I am facing a complex situation at my church where the former Pastor, due to adultery, has not yet been reinstated because of opposition by members, including myself as the Vice President of the Board. His spouse, the acting Pastor, barred me and my family from entering church premises without due... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 19, 2025

There is no "due process" with non-governmental entities, nor are there violations of your right of association and religious freedom. These are rights which protect you against the government, not private entities like your church. What you describe are basically issues of contract law;... View More

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2 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Is asking for an ADA accommodation enough to meet the standard under federal and state law in employment?

I requested specific accommodations under the ADA, specifically asking for meeting notes due to my ADHD and ASD conditions. My employer refused, citing privacy concerns, and claimed they are not subject to federal or state laws. I have supporting documentation, but they did not ask for it. Is... View More

Carmen "Jack" Giordano
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answered on May 18, 2025

We are located in New York, but here are a few things to consider under federal law. You say that your employer claims that the federal ADA and State law do not apply to them. Note generally speaking, once you make an accommodation request, your employer:

      •   Must engage in...
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2 Answers | Asked in Collections and Employment Law for Florida on
Q: How to address unexpected wage garnishment for credit card debt in Florida?

I recently discovered that my wages are being garnished due to a credit card debt I was unaware of. The garnishment started this month, and I was never notified of the creditor obtaining a court judgment. The amount taken out is more than I can afford. What are my options to address this unexpected... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 29, 2025

GENERALLY SPEAKING: If you were never served with the court complaint that initiated the lawsuit, the first step is to view the court file either online or at the office of the Clerk of Courts to see what the process server's affidavits of service (also called Returns of Service) state. They... View More

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2 Answers | Asked in Criminal Law, Employment Law, Immigration Law and Civil Rights for Florida on
Q: Is it illegal to file a false police report in Florida?

My son is currently incarcerated after being charged with battery by his domestic partner, an immigrant from Venezuela, who wanted him to marry her so she could remain in the U.S. When he refused, she called the police and accused him of battery. He has witnesses to prove he was not present at the... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Apr 29, 2025

You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what... View More

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2 Answers | Asked in Employment Law and Personal Injury for Florida on
Q: How can I address unsafe work conditions and reduced hours at my fast-food job in Okeechobee, FL?

I am employed as a cook at a fast-food chain in Okeechobee, FL, specializing in frying. Since being rehired in January 2024, I've been required to perform tasks outside my job description, such as unclogging drains and pressure-cleaning the building, tasks not asked of other employees. Despite... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Apr 25, 2025

Hi, sorry to hear about what you're going through

Firstly, I'd document all unsafe conditions, incidents of burns, and instances where you're asked to perform tasks outside your job description. It sounds like you've been doing that. Take photos if possible and keep...
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3 Answers | Asked in Divorce, Domestic Violence, Employment Law and Family Law for Florida on
Q: How can I get a divorce and seek support in Florida due to emotional and verbal abuse?

I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Should I sue for wrongful/racial termination & unpaid overtime in FL?

During my three years at my job, I was terminated by a new manager who expressed distrust after I used a company truck due to my personal vehicle breaking down. I suspect the real reason for my termination was that she wanted her husband to take over my job, as he was on-site the day after my... View More

Mitchell Feldman
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Mitchell Feldman
answered on Apr 12, 2025

Yes of course you should. When a company is playing games back and forth with pay there’s likely a pay violation and with investigating.

If you are switched Ware, you were a salaried employee and working overtime and then flipped to a non-exempt hourly employee then clearly there may be...
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1 Answer | Asked in Employment Discrimination, Sexual Harassment and Employment Law for Florida on
Q: Harassment and bullying at work due to Tourette’s syndrome in Florida.

I am a 64-year-old woman with Tourette’s working in Florida, and I have been experiencing harassment and bullying from coworkers and my manager for the past 1.5 years. They make fun of and imitate my tics, and one coworker even made cardboard blinders not to look at my face. Despite making one... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 18, 2025

First an employee being subjected to this behavior should contact the company human resources department or officers and report in writing the offensive conduct. You should look for and ask for employee manual or handbook. If no HR, then report to the management and higher ranking officers. If you... View More

1 Answer | Asked in Identity Theft, Employment Law, Tax Law and Insurance Bad Faith for Florida on
Q: Legal recourse after $16,000 stolen from 401(k) due to identity theft and incorrect 1099-R issued by Fidelity.

My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More

1 Answer | Asked in Employment Law and Banking for Florida on
Q: Fired from banking job for alleged phone recording, considering lawsuit. Legal options?

I was recently fired from my banking job for allegedly recording with my cellphone, which I was not doing. I adjusted camera settings during a break in a secluded room with no company equipment. There was no prior warning, and I wasn't shown any evidence supporting the claim of recording. The... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 20, 2025

As Florida is an employment at will state, these facts do not show any potential violation of a law or your legal rights by this employer terminating your employment. It makes no difference whether the company was wrong, or the decision is not fair. But your initial instinct is the... View More

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: What to expect with 2 out-of-county warrants & no bond holds?

My boyfriend was arrested on two out-of-county warrants for failure to appear at pre-trial for driving while his license was suspended. He was transported for the first warrant, which initially had a no bond hold, and he has a court appearance tomorrow. The public defender mentioned they offered... View More

Drew  Fritsch
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answered on Feb 17, 2025

I would agree with the public defender's strategy of resolving the one case fairly easily. I am assuming the other case is in a different part of Florida. That judge may or may not know what happened with regard to the other warrant. Further, the judge who issued the warrant may or may not be... View More

1 Answer | Asked in Workers' Compensation and Employment Law for Florida on
Q: Would I still receive lost wage payments after being terminated if I was cleared to return to work under light duty?

Hello, for context I am currently going through workers comp dealing with an on the job injury I experienced a while back. I was cleared to return to work on light duty, and I got called by my employer to come into work upon being cleared. After attempting to clock in for my first shift back, I was... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Feb 11, 2025

It does not appear that you were terminated for misconduct and your employer does not have work available within your restrictions, therefore, I think you should still be receiving lost wage payments from workers comp unless you have reached overall maximum medical improvement (MMI).

1 Answer | Asked in Employment Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Can my condo board demand to have a key to allow an unlicensed (CAM LIC) maintenance employee to have access my condo ?

The bylaws state owners must give a set of keys to board who then allows a maintenance employee to have access to my condo & they don't give me 24 hrs notice the or regularly scheduled maint like changing fire alarm / voice call batteries. Don't I have the right of exclusion ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 3, 2025

Maintenance people are not required to have a CAM license. Florida Statutes grant associations the right to enter into a unit during reasonable hours. There is no exemption for the statute and if you refuse the association can change the locks and bill you for the charges.

The association...
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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What are the laws regarding termination of an emplyee contract?

My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More

Linda Liang
Linda Liang
answered on Oct 18, 2024

Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.

As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement...
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3 Answers | Asked in Employment Law for Florida on
Q: My wife was at an after hours mandatory work function and has been injured. What recourse do we have?

After hours team building time at an indoor recreational location with go carts, lazar tag, games….. she was required to sign a waiver for the establishment but nothing for work? At this time she was knocked out and ejected from a go cart and was seen by an ambulance but in an effort to save... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 16, 2024

In Florida, signing a waiver can complicate a personal injury case, but it doesn't necessarily mean she can't pursue a claim.

Waivers often limit liability for businesses, but they may not cover all types of injuries or activities. It's important to review the specific...
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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am on long-term disability through my employer. The company that manages the benefits is UNUM.

I am trying to understand if UNUM has the power to interpret the terms of the policy freely. Specifically, if a glossary term is defined in the policy, do they have the power to interpret that term how they want to determine eligibility.

The policy certificate states the the benefits are... View More

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An attorney who has experience with ERISA plans could probably advise you best here, but your question remains open for two weeks. As a general matter in insurance practice, the underwriters and claims departments do have the power to interpret the terms of a policy, as do attorneys who represent... View More

2 Answers | Asked in Criminal Law and Employment Law for Florida on
Q: Is a third party constented search of my backpack within someone else's car at work by an employer legal in florida?
Rod Caruco
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

That depends on the circumstances of each individual case, but it can be. There are often more lenient rules when an employer, rather than the State, seeks to conduct a search. Some factors to your question include, but are not limited to: what type of employer, reason for the search, location of... View More

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