Florida Employment Law Questions & Answers
Q: my job your manditory 50 hrs a week in management position and recieve paid vacations but only payyou for 40 hours is it
Not very clear. But, if your question is whether you are entitled to overtime pay, that depends on all the facts related to your actual job duties. Being called a "manager" does not make you exempt under the law. Many companies simply put 40 hours on pay stubs. This again does not mean you are... Read more »
Q: if a person has quit their job and has accrued vacation time that they had not taken is the employer required to pay
People are always shocked by this, but in Florida you are not entitled to this time. It is not "banked" in the sense it is yours at the end of the employment as it is is some other states.
Q: I have a family business, filed in Florida. We are parting ways with a 33% shareholder, can he go work for a competito
He was gifted 33% of the business, he is resigning, is their case law to support he could not work for a competitor as long as he owns a third of the business?
You are going to have to do your own legal research, but (assuming it's a partnership or LLC and not a corporation), a good argument can be made that any work he does in the same type of business is work done for the business and therefore profits should be paid to the business.
In any... Read more »
Q: can I file a lawsuit against my employer for failing to take action against an employee who threatened me?
I was openly verbally threatened with great physical harm by an employee while in the presence of management (who witnessed the threat spoken), who then claimed they were unable to take action due to the absence of physical contact....is this true? is it legally feasible to sue my employer? I... Read more »
They can take action. They can investigate, suspend, fire that person and/or make sure you aren't working together. You may be able to take action against the employer for several causes, such as negligent hire/retention of that employee. You may need to file with an administrative agency if the... Read more »
Q: Is it legal for potential employers to ask for applicants' SS# before offering a job? Tnx.
Yes, it is legal for employer's to ask for your SSAN during the supplication process.
Q: My employer got into my online payroll account and changed my deductions from 0 to 10. Had to pay IRS $3,088 after
arguing they gave me a check but I am paying back half of the amount on a per paycheck basis. They created a hostile environment and recently called me into HR for making a pot of coffee that office services was to make. Said I sent an office-wide email announcing I did same. This all untrue and... Read more »
Unless you find some way to quell this silly dispute you may be out on the street looking for another job soon. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... Read more »
Q: so, now he had paid but he did not pay the correct amount, he only paid what he wanted.
1. If you are attempting to ask a follow-up question to an earlier Q&A it will not work.
2. If this post is your first try, it will not work either; why?
3. Because lawyers need to know much more about your situation than you have provided.
4. For example,
a.... Read more »
Q: whats the rule for employer withholding employee last two weeks pay?
Unless the employer has some legal reason for doing so it is unlawful to withhold wages.
Q: If i tell somebody to leave me alone, but they still contantly message me is it considered harrassment?
It's two people, and one lives in another country
Yes. Cyberstalking is now being recognized as a crime.
Q: Does length of employment have any bearing on an unpaid wages/wrongful termination/retaliation ?
I am left without legal representation because the attorney I hired removed himself from my case two weeks before the statue of limitations expired after I was persistent in my desire to go to court after almost a year of unsuccessful negotiation attempts. I have not been able to get another... Read more »
Since you took the time and trouble to ask this same question twice, I will take the time and trouble to give you the same advice I gave before:
"You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages... Read more »
Q: How can I file a charge against my employer to get my unpaid wages?
I was fired from my job via text message immediately following my text to my boss asking about a $2000 discrepancy in my first paycheck. I hired an attorney a month later to help me recover wages. He sent a demand letter and my former employer refused to negotiate a settlement and to this day has... Read more »
You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages is not actionable as employment discrimination unless you have evidence that the employer failed to pay you the correct wages because of your gender, age,... Read more »
Q: In Florida, can an employer fire you for feeding feral cats at your workplace?Thank you
I work in Ft Myers and I work in an old bank building, but everywhere else is residential.
Yes. Why? Because Florida is an “at will” state, which means 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 employers cannot do is make any of these employment decisions based... Read more »
Q: I have been terminated and my employer is withholding my paycheck because I lost the keys to the building. In FL
Your employer has no legal right to withhold your entire last paycheck just because they have to make a new set of keys. If they do not give you your last paycheck, or a check for the same amount minus the actual cost of replacing the keys you lost, try calling the Florida Department of labor and... Read more »
Q: NON Compete clause
My new employer gave me a non compete clause that states I can not work in medical coding for 24 months after serperation from them wether its voluntary or involuntary. How is this legal? So if they fire me they can turn around and nail me for getting another job doing what my career is in?
Without reading the entire document--and knowing that Florida judges generally do not like overbearing non-competes I am concerned about the lawful ability of your employer to force you to sign a non-compete and then turn around and fire you--without cause--and then prevent you from seeking... Read more »
Q: Is it legal to require an employee that is out on disability to attend mandatory training.
When I told them I had to see what the doctor said they told me if I did not attend that basically I could not return back to work for them
Like many people in Florida, you are under the misunderstanding that your doctor's opinion about your alleged health problems somehow controls everything your employer wants to do. It does not.
Being out on short-term disability may be appropriate in your situation; but it does not... Read more »
Q: After receiving long term disability, my job threatened to fire me. I came back and lost my benefits and they fired me.
I had an injury that required me to be out of work for about six months. I received long term disability benefits from my employer. I was then told that I had to return to work by a certain date or my position would be terminated. I went back and three days later was put on inactive employee... Read more »
If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... Read more »
Q: What Is the statute of limitations on collection of unpaid work for chapter 558 31 - 76. (2) (b)?
Florida has three different statutes in two different chapters: 2 years, 4 years or 5 years. The federal statute is 4 years.
Q: Pensacola, FL - How enforceable are non-competes in FL?
Basically what I signed says I can't do anything similar to what I did there (healthcare licensing) for 3 years anywhere in the country. I am now a healthcare recruiter for an anesthesiologist group and have been for a little over a year. Although it's not licensing, it does follow a similar... Read more »
In my professional opinion the non-compete is unenforceable because of the scope (entire nation)--however, if the job is an identical position to your previous job, within say 40 to 50 miles of where you work now, you may have a problem. Hire an employment lawyer to defend you.
Q: Is it illegal for an employer to deduct money from an employee pay check without consent for a company claimof overpay
No, it might be a mistake--but it is not illegal. Unless you already know that you were overpaid you should talk to the payroll department and try to find out what happened.
Q: Can I sue ADP for damages due to garnishment errors?
Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the filing fee and then pay another hundred bucks or so for service of process. Finally, if a court of law... Read more »
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