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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
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answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

1 Answer | Asked in Employment Law and Banking for Florida on
Q: My girlfriend has been offered a job but it seems like a scam.

My girlfriend has been offered a job but it seems like a scam. They sent over a check for her to buy some equipment so we’ve deposited it but now the employer seems very sketchy. She has not filled out any formal agreements or given any important personal info. They are asking her to buy 2 Apple... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that your girlfriend received a job offer that seems suspicious. Depositing a check and being asked to purchase equipment or vouchers for work is a common tactic used in scams. It's wise that she hasn't provided any personal information or signed formal agreements... View More

1 Answer | Asked in Libel & Slander and Employment Law for Florida on
Q: Can you sue for defamation of character if you are fired after a customer lied about you?

If a customer lied and said that you were rude to them so you were fired. Now you have to put on future application that you were fired. The customer lied about the whole incident.in Florida. I have never had any complaints about me being rude

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The tort of slander prohibits someone from publishing or making a false statement or defamatory statement, known to be false. So while you could make a claim against the customer, a matter of opinion isn’t going to help you if that’s the customers opinion. How would you ever prove the customer... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if...
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1 Answer | Asked in Business Formation, Business Law and Employment Law for Florida on
Q: Is a person who has their own business, working as a 1099 independent subject to a non- competition contract?

I have an LLC, EIN, business license and taxi. All of which I had while working with yellow cab of Sarasota. I payed them a portion of my wages for Dispatch services. Soon after I began working with yellow cab, I was made to sign a very basic non- competition paper. All along i was a 1099... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Jan 29, 2024

There are many variables here, starting with who signed the non-compete agreement, i.e., whether it was done in an individual capacity or whether it was signed on behalf of your company. A contractor in Florida likely could have a non-compete enforced against him/her, provided that the hiring... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: CAN I WORK AGAIN IN USA IF I GOT DEPORTED FROM ONE CRUISE SHIP ?

Hello everyone .I was working for a cruise line later on i was deported and escorted back home concerning some depression issue.Will i be able to work for some other cruiseline in the USA ?

James L. Arrasmith
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answered on Jan 24, 2024

The ability to work again in the USA on a cruise ship after being deported depends on the specific circumstances of your deportation and the current state of your visa or work authorization. Deportation can have significant impacts on your eligibility to re-enter the United States and obtain work... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

1 Answer | Asked in Employment Law for Florida on
Q: If I work in an office with set time and days am I contracter 1099?

I got hired and my employer does 1099 instead of w-2. I heard this is illegal and wanted to check.

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, whether you are classified as an independent contractor (1099) or an employee (W-2) depends on various factors related to the nature of your work and your relationship with the employer. The primary distinction lies in the degree of control your employer has over your work. If your... View More

1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: can a coworker video record your conversation on their cellphone without your knowledge and sent it to your corporate

video recording sent to district manager and corporate office during a private emotional conversation with a coworker and after that coworker quit their employment they sent video without my knowledge, I was written up by employer and signed a disciplinary conduct form .Do I have any violation... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

You description is a bit vague, but it sounds like your coworker, without your consent, video and audio recorded a private conversation you had with him/her, then after the coworker quit, he/she sent that video/audio recording to your employer without your consent, and solely due to that recording... View More

3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
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answered on Oct 30, 2023

As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More

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3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
T. Augustus Claus
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answered on Oct 30, 2023

A court cannot force you to have health insurance on yourself. However, there are some exceptions to this general rule. For example, a court may order you to have health insurance if

you are a parent and must provide health insurance for your child as part of a child support order....
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1 Answer | Asked in Employment Law and Gov & Administrative Law for Florida on
Q: Can I work for the state of Florida? I didn’t do selective service but I didn’t know I had to do it I have a SIL letter

Each agency shall provide for a review, when requested by the applicant or employee, of any denial of employment or promotion for reasons of noncompliance with selective service registration requirements.

T. Augustus Claus
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answered on Sep 18, 2023

To potentially work for the state of Florida without Selective Service registration, contact the specific agency of interest to inquire about their policies and whether they consider your circumstances, including the SIL letter, when making employment decisions. The Selective Service System... View More

3 Answers | Asked in Employment Law for Florida on
Q: who can I hire to review my employment contract, specifically my non-compete clause?
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 16, 2023

If this is in the State of Florida you will want to have a Business Attorney review the contract. Remember, the terms of your contract are negotiable so you should be aware of what you are getting yourself into possibly and what burden may be put on you to find elsewhere if you leave the company... View More

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3 Answers | Asked in Employment Law for Florida on
Q: who can I hire to review my employment contract, specifically my non-compete clause?
Eva Zelson
Eva Zelson
answered on Sep 26, 2023

It is always a good idea to have an employment lawyer review any kind of employment contract before you sign it. Contact an employment attorney to review your options whether you’d like to review the non-compete clause before you begin a new job, or to review the possible consequences of breaking... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: can my job be terminated while I am collecting disability in FLorida
T. Augustus Claus
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answered on Sep 13, 2023

In Florida, the termination of employment while collecting disability benefits can be influenced by various factors. The type of disability benefits you are receiving, the nature of your disability, and your employment status all play a role in determining your job security. Federal laws like the... View More

1 Answer | Asked in Employment Law for Florida on
Q: How can I keep my job? Have 2 residences, become a contractor, use a local address at work?

Hello I currently live in a Florida and am looking to relocate to Nevada. I work for a university but am 100% remote. The Hr department sent back the response below regarding my request to relocate. ?Not registered to operate in the state of NV. Additionally, there are specific licenses that we... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2023

If you move to Nevada you will have to follow Nevada laws, including occupational licensing, and your employer will have to be compliant with Nevada laws including those pertaining to payroll taxes. Using a Florida license, or the other ideas you asked about would probably be regarded as... View More

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Noncompete clauses and Survival clauses

My boss wants me to sign a contract as in Independent Contractor that has a noncompete and also a survival clause saying that the section 8 noncompete is subject to the survival "sections 4,5, and 7 through 13 shall survive the expiration of the Term or the termination." So I can never... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 9, 2023

1. I would not sign it without review from an attorney.

2. I would not sign it.

3. The terms and duration would most likely be overbroad in territory and time and not enforced.

4. Keeping a person from doing their profession or working in their state of residence is...
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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer send an employee home early whenever they feel like it?
T. Augustus Claus
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answered on Aug 7, 2023

In "at-will" employment arrangements, which is common in the United States, employers generally have the flexibility to make these decisions as long as they comply with applicable laws and regulations. However, if there are labor agreements or contractual obligations in place that address... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does my girlfriend have a case of employment harassment and/or retaliation?

My girlfriend just recently had her hours cut and her job threatened after she told her boss that a "manager" was unprofessional in her approach of informing my gf of a new "policy." The manager verbally abused my gf and told her if she "didn't like it she could... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

There is no such thing as "a case of employment harassment" that can be made into a claim for money damages. There are certain types of legally-recognized claims in which harassment may be a related fact issue, such as in cases of unlawful discrimination based on age, sex, race, color,... View More

1 Answer | Asked in Employment Law for Florida on
Q: need to know if me as a minor can legally work up to 30 hours a week while school is in section if Im being homeschooled

im 15 and work in florida for southeastern constuction

T. Augustus Claus
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answered on Aug 2, 2023

In Florida, the child labor laws apply to minors who are being homeschooled as well. As a 15-year-old, you are subject to certain restrictions on the number of hours you can work and the times you can work while school is in session.

During the school year, minors who are 15 years old may...
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