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Florida Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer just spring on their employees "all calls wil be recorded and data extracted with AI to improve metric

I work for an online university, ben here 6.5 year now the admin coming up with AI "data extraction" but not telling us who extracts data, where does it end up, who analyzes the data to improve outcomes. I work with students across the USA and approx 25 % of all calls are documented as:... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Yes. While you are working and using the employer's phone system or receiving the calls, the conversation is not private or confidential as against the employer because at the time you are the employer- you are not taking the call as an individual. The warning about possible recording is to... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: I was terminated from my job position without warning or any notification

Do to a second background check I was terminated after 4 years of employment

Charles M.  Baron
Charles M. Baron answered on Sep 16, 2021

You did not ask a question, but since you posted your inquiry under the subject area Employment Discrimination, I suppose you are wondering if you are the victim of illegal discrimination, as well as if there is anything you can do to obtain monetary compensation. While the employer did... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer who offers covid pay deny you being paid covid payment because you aren’t vaccinated?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2021

Yes. Private employers in Florida can do anything they want to their employees, as long as the reason they are doing it (or not doing) does not violate the Florida Civil Rights Act. You have two options: Get vaccinated and get "Covid pay" or refuse and get none.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was recruited by a company and after starting forced to sign a non compete months later. I worked there for 3 years .

They let me go stating I did everything they asked but were changing directions. They offered me a severance no strings attached. Said they wouldn't enforce me non compete as long as I didn't solicit. Their words were they aren't A holes and wouldn't keep me from working. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2021

No, it's not discrimination, it's failure to abide by their word. If they want the severance payment(s) back they will have to sue you for the money. At that point, should it come to that, you can tell the judge your side of the story.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can my criminal background stop me from getting a job at Dollar General as a cashier

I'm a 34 year-old African American, living in Pensacola FL. I recently applied for a job as a cashier at Dollar General. They were in desperate need of employees, even holding open interviews. I hit if off with the manager right away, and the interview was a complete success. She... Read more »

Michael P Mayoral
Michael P Mayoral answered on Jul 18, 2021

Unfortunately, they are allowed to choose not to hire you based on your background. I wish you the best of luck. Keep trying, you're doing the right thing.

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can I be fired because I need a break to monitor my blood pressure

Asked for break to check blood pressure made to wait more than hr had to take a few hrs and 3 pills to bring down asked if I need to return to work they told me no stay home. Next morning was fired cause of health concerns

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2021

Although your health-related situation might afford you some protection in the workplace if all statutory requirements were met first, the facts as presented here do not appear to satisfy applicable law. Why?

1. Because Florida is an “at will” state, which means private employers are...
Read more »

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1 Answer | Asked in Employment Discrimination and Gov & Administrative Law for Florida on
Q: Any lawyers willing to take on a suit against the federal government? Someone worked for the Gov of Florida.

I have a discrimination lawsuit I would like to file. It pertains to preferences of which I can not legally be discriminated against.

Charles M.  Baron
Charles M. Baron answered on Jul 1, 2021

Of course there are; otherwise, no suits would ever be filed against the Federal government! If you happen to be asking if any lawyers viewing your post are willing to take your case, this site does not work that way; it's for lawyers to offer educational information about the questions being... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: Is there grounds for discrimination if your employer only enforces a policy on select individuals when it suits them?

My former employer has banned me from the premises for 12 months. I was a former personal trainer at a local gym and recently resigned because I graduated from the university of Florida and will be moving in a few weeks. At the end of my exit interview after signing the paper work. I was then... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

Discrimination on the basis of whether or not someone likes you is not legally forbidden, only discrimination on the basis of race and certain other classifications. So no.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was required by my job to get an A.D.A. my issue has back. New leadership HR says they can't find my documenton

I was required by my job to get an A.D.A. a few years ago and an update last year. I was contacted by HR and advised that they have lost my documenton possibly when transferring and are requesting I provide the information for a 3rd time. They have no idea what happened. Not advised it was a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 31, 2021

Stop asking lawyers what to do and spend your time getting copies of your paperwork--and make copies this time.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: If I work for a company based in New York can thry force me to get a COVID vaccine? If I do not go to the NY office?

Saying all employees need a vax or they will be terminated.

Charles M.  Baron
Charles M. Baron answered on May 18, 2021

Somehow, you directed this inquiry to Florida attorneys. Start over and direct it to NY attorneys.

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1 Answer | Asked in Employment Discrimination for Florida on
Q: Is a threat of termination from an employer a form of retaliation? The threat is documented on the counseling statement
Kevin Sanderson
Kevin Sanderson answered on May 11, 2021

It might be. We would need to know more to be able to say more definitively.

1 Answer | Asked in Election Law and Employment Discrimination for Florida on
Q: How can I get the work I did for and get paid? I just want what was offered to me, what I worked for.

My husband and I moved to Tampa because one of his friends was opening a restaurant, he offered him a partnership, but after us working for almost two months, he gave both of us a W2. Then we realized it was never his intention to treat us as equals. The biggest problem is me, he told me that he... Read more »

Mitchell Feldman
Mitchell Feldman answered on Apr 23, 2021

You should be paid for all hours worked and at rates which are both consistent with the FLSA, and florida wage law and per any contractual promise. You have rights. Find a wage and hour lawyer or reach out to us. Most wage and hour employees, employment lawyers will be glad to review all of... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: My current employer is changing hands, can the new employer not hire me due to credit issues faced face during COVD 19?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 20, 2021

Yes, your employer doesn't need any reason to not hire you.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Florida on
Q: What can I do about opposing counsel who won't participate in the case management meeting?

M.D.Florida I hired an attorney on contingency but he dumped my case a year into it so am left to recover my wages on my own. The other side filed a motion to dismiss and asked to stay discovery, pretrial events, and filing an answer pending a ruling on the motion. That was almost 3 months ago... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

When you need some type of relief for any situation arising during the proceedings, you first, in writing, seek agreement from opposing counsel, and if you don't amicably resolve the issue, you file a motion asking the Court to order the relief you seek. However, you would be very foolish to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Maternity leave benefit question.

I am working for the company that has maternity leave benefit. But when I requested maternity leave, they denied it and told me that I am actually working for different entity, and that entity doesn't have this benefit. I checked my W2 form and in there name of the company that has maternity... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 6, 2021

You can try pointing out the discrepancy in company names to HR; it's possible they just made a mistake when denying your application. If they still deny your claim, you can apply for FMLA leave to use for the birth of your child and recovery period if you have worked for your company at least... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: FLA: Can an employer change a salaried person to a paid-by-the-day employee due to their being diagnosed with cancer?

Cancer diagnosis in December 2020. Was out most of January, began coming back part time in February, but has always been available from home via phone or email Now working 30-40 hours onsite. Association board has stated that the employee will now be paid only for the days he is physically at work.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 11, 2021

If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I was wondering how to get a lawyer based on unauthorized background check without my consent and also harassment at job
Charles M.  Baron
Charles M. Baron answered on Mar 9, 2021

You need to consult an attorney handling employment matters. Our firm (Tel. 954-919-5669) handles such matters, as do many other South Fla. firms. If you'd like to conduct a search for such firms, you could try the Justia "Find a Lawyer" tab, and you also have the option of... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Should i get paid for working myself and another assistants job?

Got hired on into a 3 assistant position. After Covid, was down to myself and 1 other assistant. This assistant would call out/quit/not show up 2-3 times out of the week on a weekly basis. This would leave me alone to hold up the entire Office and all the patients by myself. First asked owner of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

No, it's apparently not discrimination on the basis of race, sex, or other suspect classification. Other than that kind of discrimination, an employer can employ, or not employ, whoever the employer wants. And no, they don't have to pay you for, in effect, working multiple jobs at once.

1 Answer | Asked in Employment Discrimination for Florida on
Q: Can I sue my attorney for negligence in my employment lawsuit case for mishandling my case and missing dates?
Charles M.  Baron
Charles M. Baron answered on Jan 25, 2021

While mishandling a case and missing deadlines might possibly give rise to a legal malpractice claim, that attorney's entire file would have to be reviewed in order to determine if malpractice occurred, and if so, to determine if the facts and circumstances may give rise to a worthwhile claim.... Read more »

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