Lawyers, Answer Questions  & Get Points Log In
Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: My company gave me a choice to work or stay home, can I collect unemployment. Are state is in a stay at home order
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

The stay at home “order” does not mean you get to go home and get paid. Your employer will explain this to you if you ask. And depending on several facts you may or may not be able to get unemployment benefits.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: For a minor working in the fast food business, Will he or she get fined $500 for working 35 minutes after their shift?

Like they were working on prepping for the day (during the corona virus outbreak) and their manager said there will be a $500 fine. Is this correct?

Kevin Sanderson
Kevin Sanderson answered on Apr 4, 2020

I've never heard of such a thing.

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Can I claim unemployment benefits in Florida if I am the President of an S Corporation, but the business has been sold?

I had 100% ownership, and was the only officer, of the corporation that was operating under a DBA. I paid myself a salary as a W2 employee. I sold the business in October, 2019.

The corporate entity is still active under my name, but it's not operating any business. 100% of the assets have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2020

The answer to your first question (which I think you already must know) is NO. (Query: If you sold the business in October how do you now claim you own 100% of the business?)

The answer to your second question is MAYBE. Too early to tell.

2 Answers | Asked in Employment Law for Florida on
Q: I work at a Child Care center in Pinellas Co. Florida. We are not following the Safer at Home order. I brought it to

my bosses attention and she said it’s recommended but not the law. So do we have to follow it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 2, 2020

I'm not sure what you mean by "the Safer at Home order". The governor signed an order yesterday which essentially requires everybody to stay at home unless engaged in necessary services or activities. Review that to determine of an exception applies, because it's not just recommended, it's... Read more »

View More Answers

3 Answers | Asked in Employment Law for Florida on
Q: What if you work for an employer that is considered an essential business and...

What if you work for an employer that is considered an essential business and you work in close contact with other employee's and there is not adequate safety protection like Masks, Gloves, disinfectant, can you refuse to go to work, if the employer refuse to provide the safety items?

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Apr 2, 2020

If you believe working conditions are unsafe or unhealthful, you may file a complaint with OSHA and ask for an inspection. It is illegal for an employer to retaliate against you for filing an OSHA complaint. Moreover, if an employee has been advised by a health care provider to self-quarantine due... Read more »

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: Yesterday I was told I’m being furloughed due to Coronavirus. I am 8 months pregnant - does my job have to honor my LOA?
Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Apr 1, 2020

If you were singled out for furlough while other non-pregnant employees were not, the company may be liable for discrimination. You may also qualify for unemployment benefits. Moreover, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law,... Read more »

View More Answers

3 Answers | Asked in Employment Law for Florida on
Q: Im a salary paid director of a child care in clearwater, FL The business temporarily closed Coronavirus do they pay me?

I have been paid on a salary basis for at least ten years now they do not want to pay me due to covid19 closure

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

it depends on the terms of your contract.

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: My wife was sent home from her job without pay due to a positive COVID-19 test result at my hospital. Is this legal?

I work in a hospital and do not have direct contact with an patients. We recently had a positive test result at the facility, and the patient is already discharged.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Mar 31, 2020

It is legal for an employer to take reasonable actions to protect the health and safety of its employees and customers. However, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of... Read more »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: I was recently laid off from my job. The reason that was stated was force reduction

My job was posted on the Company website 5 days later. I was not even given an offer to keep my job but at a lower rate of pay. 3 people were laid off, myself being one of them, the only person that was given the opportunity to stay on was the executive assistant, he took a pay cut. It seems like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

It sounds like your employer is trying to take advantage of the national health crises to get rid of senior employees by "laying them off" (which BTW entitles you to file for unemployment benefits).

So, if you feel you have been discriminated against by actions of your employer,...
Read more »

1 Answer | Asked in Employment Law and Public Benefits for Florida on
Q: I was denied for unemployment because I quit my last job......but....

The end of Oct 2019 I was forced to quit my job at Pollo Tropical in Sunny Isles due to being evicted, my car being totaled, and having to move to my mom’s in Hollywood. I had spoken with my employer regarding the strong possibility I would need to transfer because I was on the verge of losing my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 25, 2020

If you make your unemployment insurance claim, chances are that you will be deemed to qualify.

2 Answers | Asked in Employment Law for Florida on
Q: Can my work repeatedly change my weekly schedule in florida?

I work as a fabricator in volusia county, fl and my work has changed my weekly schedule from four 10 hour days to five 8 hours days and back within a year. They are talking about returning to five 8 hour days again after only two weeks with little notice. Are they legally permitted to keep changing... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 25, 2020

The Fair Labor Standards Act is the federal law governing employee wages, but it doesn't provide much guidance or protection here. Employees are not guaranteed a certain number of hours to work, and the FLSA does not impose any restrictions on the scheduled hours adult employees are permitted to... Read more »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Due to the Coronavirus my office is open for emergencies only (dental). Can they legally refuse to pay my accrued PTO?

I normally work 36 to 40 hours which is considered full-time cut down to 16 hours approximately.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 24, 2020

Yes, because giving employees the gift of PTO is not required by Florida law. Be happy you still have the job.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I resigned from my employer, a large engineering firm, and they refuse to pay me for my last weeks of work.

The amount could be settled in small claims court, but I am unsure where to make that claim, my local office location (Orlando), corporate HQ office (Dallas), or payroll processing office (Pasadena, CA). Would an attorney help me for less than $10,000 owed.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Mar 24, 2020

This is a type of matter for which an employment attorney could help you. Often these disputes can be resolved prior to filing suit. If not, your actual place of employment generally is the correct jurisdiction. There may be other issues, so you should probably speak with an attorney.

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Can my employer demand that I stay at work for 14-30 days? I am being told will not be allowed to go home.

Where I work we have no sleeping facilities, the bathrooms are unsanitary and no laundry facilities. No one has been tested for the corona virus but we are being told we are going to be locked down and not allowed to go home. We will only be paid for our normal shift hours. Isn't this against FLSA?... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

This is America. Slavery was abolished in 1863. No one--including your employer--can "force" you to come to work, or to stay at work or to work in the dark, whatever. However, Florida employers are free to terminate your employment at any time and for any reason. Moreover, refusing to work may be... Read more »

1 Answer | Asked in Employment Law and Education Law for Florida on
Q: I teach at a private school thru the federal Title I program for a private company and they are not allowing us Use PTO

While school is closed, they are making us file unemployment I have over 120 PTO hours is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

It appears that this private education company is attempting to avoid possible disaster caused by a bunch of teachers all going out on PTO at the same time; however, the way they are trying to avoid closing down is probably unlawful. Look for an experienced employment lawyer who is familiar with... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Employer claimed my firing was performance-based, but fired two of my subordinates the next day citing COVID-19.

I was a production manager overseeing six staff. I had no idea I was going to be let go. Hadn't received any bad performance reviews nor disciplinary action. They even sent me to additional management training only two weeks earlier. And I regularly worked 50+ hrs/wk (salaried). It seems highly... Read more »

Mitchell Feldman
Mitchell Feldman answered on Mar 22, 2020

Unfortunately unless you have an employment contract with guaranteed income for a set period of time, you cannot sue your employer for the loss of your job, other than pursue unemployment. A layoff for virus would entitle you to receive unemployment, and moreover, any moment the US government is... Read more »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: My employer are sending workers home to work using their personal computer at home. I don’t have a computer, I was told

That because I don’t have a computer at home, I won’t be able to work and they will use my remaining PTO time for this year and my PTO time for next year. Is this legal?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 20, 2020

Yes, it is. Employment is, in most if not all states, "at will", which means that your employer can lay you off if it wants. Your best bet would be to get yourself a computer (and Internet access, if you don't already have it).

1 Answer | Asked in Employment Law and Gov & Administrative Law for Florida on
Q: I'm working as a contractor thru an agency KForce(2400 emp) My placement end 3/31 due to virus. Can HR6201 help me?

My placement is with an employer with less than 500 employees, but because I'm paid through KForce, does that mean I won't be entitled to any of the paid sick or paid leave policies outline in the new legislation? What can I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 20, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers here on... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: being sued for breach of contract after quitting and being asked to come back but no contract signed again

Case Description

i was working as a contractor for an advertising agency (it was emphasized that i was a contractor and not and employee). after a few months of being unhappy i quit the agency - and the ceo and hr all approved it. after a few weeks they asked me to come back and help out -... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 20, 2020

It looks like they are suing under the non-competition clause in the original contract.

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: I live in Florida and my employer is telling employees to take days off and using our vacation time. Is that legal?

Its a small business. I know they are struggling, but it doesnt seem fair to be told from one day to the next that you will have to takee a day off and use a vacation day.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 19, 2020

This is NOT as unfair as it looks to you; why? Because (unless there is a written employment agreement) Florida employers are not required to give any of their employees any paid leave time or sick leave time or any leave time.

Why? Because Florida is an “at will” state, which means...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.