Get free answers to your Employment Law legal questions from lawyers in your area.
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 
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
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
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
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
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
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
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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... View More
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
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
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
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
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
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... View More
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
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
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
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... View More
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
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
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
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
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
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
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
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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
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
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).
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 ?
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... View More
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
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... View More
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
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... View More
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
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
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
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
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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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