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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: What are my rights as employee if owners closes business and hires GOB and says we will all be employed till they close?

We have been told 1/1/2020 switch over to GOB but have heard rumors it could be 12/1

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2019

What's GOB?

1 Answer | Asked in Contracts, Employment Law, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 11, 2019

It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Is it legal do ask for a doctor's note at work if you weren't sick?

I slept through my shift at work. My boss said that I need a doctor's note even though I told him I wasn't sick. He is not telling me that if I don't provide a doctor's note I will lose my job.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 8, 2019

Your boss is being very kind to you; 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... Read more »

1 Answer | Asked in Employment Law, Copyright, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2019

I don't think this is kind of help you can receive on a public forum. In order to do it right, more analysis is needed. You need an attorney to help you to prevent litigation with the right strategy.

1 Answer | Asked in Employment Law for Florida on
Q: Wrongful Termination?

My wife recently took leave from her position at a physician's office in order to give birth and susequently properly recover. In order to assist with this, the company she worked for offered short-term disability coverage, but not FMLA. She recently reached out to her employer to discuss her... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

In my professional opinion your wife has stated at least one viable claim of discrimination (gender discrimination).

I advise you to contact the Florida Commission on Human Relations (FCHR) in Tallahassee Florida. Their toll-free telephone number is 800 342 8170; they can also be reached...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I'm a volunteer firefighter in Florida after a incident occurred on a scene I was put under investigation after the...

Investigation I was told that I have to resign or never work as firefighter ever again what legal rights do I have

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 31, 2019

Since the only possible claim you might have would fall under the heading of Employment Law, and since you are a volunteer firefighter (i.e., not employed by the fire department) your legal rights are extremely limited. Moreover, since you were given the chance to resign--and took it--your chances... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Is there a florida statue that addresses employees logging in/out for work?

Employees fail to log/in/out and then time clocks need to be adjusted. Happens far to often and creates a ton of paperwork and delays.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 30, 2019

No, Florida does not even attempt to regulate employees checking in and out of work. If there is a problem I suggest yoy dock the offending employees' pay for at least 15 minutes every time they "forget to clock in." You can also suspend them, demote them or even terminate them for failure to... Read more »

2 Answers | Asked in Employment Law and Personal Injury for Florida on
Q: My brother had a gunsafe fall on him at sams club. Can he sue? He works there in florida

He's in hospital with 2 broken vertebrae, Broken foot and face bone.

Daniel Marc Berman
Daniel Marc Berman answered on Oct 30, 2019

He may have a case against Sam's Club. More facts would be needed.

Have him call our office for a free consultation. 954 764-6099

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1 Answer | Asked in Employment Law and Criminal Law for Florida on
Q: what do i answer to this background question? should i answer yes or no and if i put yes what explanation should i give?

january 31 i was falsely arrested when an ex of mine lied to cops saying i hit her. i was taken to jail for a few days and now its been a few months. im currently in the process of getting my record expunged and im applying for my insurance license and its asking me if “in the past 12 months have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 29, 2019

You are holding out false hopes of somehow being able to avoid your past criminal record by "getting it expunged." I am NOT advising you not to keep trying to get the record of your prior arrest expunged; all I am telling you is that the question you are now being asked by the Division of Insurance... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Employment Law for Florida on
Q: Is it illegal for a health insurance company to give answers to state exams

Can a insurance company give new hires a cheat sheet of answers to the 440 insurance exam? Also cheats on cms

My insurance company I recently started working for gave the whole class before and after me as well as my class a cheat sheet with all the answers to the 440 insurance exam. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

I am sure there is a way to file some sort of complaint; however, I am not sure what the Department would do with it.

You must also know that--if you do complain--you will likely not be well-liked among your peers, not in the Department.

1 Answer | Asked in Employment Law for Florida on
Q: Forcing to take PTO when I am over my 40 hrs. Is this legal with a private company that follows federal guidelines

Example it can be wednesday and I could have 40 hrs overtime and come in late thursday 4 hrs they are making me use my PTO for the 4 hrs even if I have 40 hrs overtime. Which the company is private and follows federal guidelines and is in florida. We have weeks where we are on call and get 40-60... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

Although is sounds difficult to believe--that any company that "follows federal guidelines" requires or even allows its employees to "work 40-60 hours overtime plus (your) normal 40 hours" if this true you are advised to seek legal assistance from a labor & employment lawyer immediately.

1 Answer | Asked in Employment Law for Florida on
Q: Can my job make up fines and take all of your pay?

My dealership recently set up a fining system where you get $100 deducted from your check if you drive over 4mph in your car or in their golf carts on dealership property (they bought a radar and set it up at the entrance), if you eat or store food or drink outside of the break room (no water or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

Generally, yes--your employer can "assess fines" as a way to enforce employment rules that are apparently being ignored. 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... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Florida on
Q: Hello, I have a question about unemployment benefits in the state of Florida

I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... Read more »

Kevin Sanderson
Kevin Sanderson answered on Oct 22, 2019

This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Working without breaks

I am a 17 year old in Florida, and I have worked 8 hour days without a break, and I have worked even longer days with maybe a 15 minute break. This is not every day, but my boss also constantly has me moving heavy boxes and going up and down a dangerous set of stairs that is almost like a ladder.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

There is nothing "legal" you can do. If you are unhappy with the job then all you can do is find another better job.

1 Answer | Asked in Employment Law for Florida on
Q: Do I have a case for wrongful termination. I'm located in Florida.

I was fired from my job for "underperformance to achieve pre-established sales goals". However, my managers only gave me an inclination of what my sales goals would be during the interview process for the role. I was not given any official documentation with my sales goals once I started the role.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

No. 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 adverse employment decisions... Read more »

2 Answers | Asked in Employment Law, Federal Crimes and White Collar Crime for Florida on
Q: Cashing checks in my name for a company and sending via Person to Person transfers like Western Union- legal or not?

I was contacted by a company called Start'Immo to work for them. I did about a months work and at that point, I was asked to cash a check for the company. I said I would because I was under the impression that it would be to deposit the check in the company account. However, the check has my name... Read more »

Gary Kollin
Gary Kollin answered on Oct 10, 2019

COMPLETE SCAM

The check us a fraud.

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1 Answer | Asked in Employment Law for Florida on
Q: can i draw unemployment if my hrs are changed and i can't work the new hrs.Was 12 hr days 3 days a wk now 8 hr 5 day wk

I have worked a 12 hr day schedule 2 on/2 off/2 on/ 3 off and then it flips the next week. Due to a loss in volume, the schedule has been changed to a traditional 8 hr/5 day a week schedule. I can't work this due to my wife's schedule. Her hours were set around my schedule. If I cannot work... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

No. If the unemployment people find out that you left a great job voluntarily they will deem it a resignation--not entitled to unemployment compensation. They will contact your employer to verify your layoff--and they will tell your employer that their U/C Account will be charged for your benefits.... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can a business/company dictate how you take your lunch period?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 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 adverse employment decisions... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: In Florida, is there anything that would prevent me from moving a newly highered employee to a suitable position.

this employee is not working out in the position hired for. want to keep employee but assign a new position

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 2, 2019

Yes, you can re-assign. 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 adverse... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: I plead guilty to misdemeanor petty theft, now suing in small claims for overtime. Am I wasting my time?

Accountant/Bookkeeper

Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime.  The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.

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