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Florida Employment Law Questions & Answers

1 Answer | Asked in Employment Law for Florida on

Q: my job your manditory 50 hrs a week in management position and recieve paid vacations but only payyou for 40 hours is it

Mitchell Feldman answered on Aug 27, 2019

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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on

Q: if a person has quit their job and has accrued vacation time that they had not taken is the employer required to pay

Kevin Sanderson answered on Aug 16, 2019

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.

1 Answer | Asked in Employment Law for Florida on

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?

Terrence H Thorgaard answered on Aug 9, 2019

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...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on

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 »

Kevin Sanderson answered on Aug 5, 2019

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 »

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1 Answer | Asked in Employment Law for Florida on

Q: Is it legal for potential employers to ask for applicants' SS# before offering a job? Tnx.

Bruce Alexander Minnick answered on Aug 5, 2019

Yes, it is legal for employer's to ask for your SSAN during the supplication process.

1 Answer | Asked in Employment Law for Florida on

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 »

Bruce Alexander Minnick answered on Aug 5, 2019

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 »

1 Answer | Asked in Employment Law for Florida on

Q: so, now he had paid but he did not pay the correct amount, he only paid what he wanted.

Bruce Alexander Minnick answered on Aug 5, 2019

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....
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1 Answer | Asked in Employment Law for Florida on

Q: whats the rule for employer withholding employee last two weeks pay?

Bruce Alexander Minnick answered on Aug 2, 2019

Unless the employer has some legal reason for doing so it is unlawful to withhold wages.

1 Answer | Asked in Employment Law and International Law for Florida on

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

Bruce Alexander Minnick answered on Jul 29, 2019

Yes. Cyberstalking is now being recognized as a crime.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on

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 »

Bruce Alexander Minnick answered on Jul 29, 2019

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...
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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on

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 »

Bruce Alexander Minnick answered on Jul 29, 2019

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 »

1 Answer | Asked in Employment Law for Florida on

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.

Bruce Alexander Minnick answered on Jul 25, 2019

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 »

1 Answer | Asked in Employment Law for Florida on

Q: I have been terminated and my employer is withholding my paycheck because I lost the keys to the building. In FL

Bruce Alexander Minnick answered on Jul 23, 2019

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 »

1 Answer | Asked in Employment Law for Florida on

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?

Bruce Alexander Minnick answered on Jul 16, 2019

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 »

1 Answer | Asked in Employment Law for Florida on

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

Bruce Alexander Minnick answered on Jul 5, 2019

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...
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1 Answer | Asked in Employment Law for Florida on

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 »

Bruce Alexander Minnick answered on Jul 4, 2019

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 »

1 Answer | Asked in Employment Law for Florida on

Q: What Is the statute of limitations on collection of unpaid work for chapter 558 31 - 76. (2) (b)?

Bruce Alexander Minnick answered on Jul 2, 2019

Florida has three different statutes in two different chapters: 2 years, 4 years or 5 years. The federal statute is 4 years.

1 Answer | Asked in Employment Law for Florida on

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 »

Bruce Alexander Minnick answered on Jul 1, 2019

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.

1 Answer | Asked in Employment Law for Florida on

Q: Is it illegal for an employer to deduct money from an employee pay check without consent for a company claimof overpay

Bruce Alexander Minnick answered on Jun 28, 2019

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.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Florida on

Q: Can I sue ADP for damages due to garnishment errors?

Bruce Alexander Minnick answered on Jun 26, 2019

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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