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Florida Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Sexual Harassment for Florida on
Q: Hi there, I have questions about discrimination are abouts my work slowly speed.. many times I been told in my work

I just felt discrimina the company in Dunking Donut as employees by coworkers and is not the first time I have to go through this, is full company likely Miami Grill and Chipotle and McDonald's and Charly Restaurant.. but my consent is Dunking Donut where I was hired of the month April 27... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 3, 2022

It sounds like you are wondering if an employer is illegally discriminating against you by hassling you about your work speed. The only way that this might possibly be a legal issue is if you have a disability that the employer was made aware of, and you are able to competently work for that... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: So I was descriminated against by another employee for my disability, instead of firing her, they moved her to another..

Department. Is there any recourse? On top of being targeted for other mitigating circumstances. Do I have a leg to stand on? Should I file an EEOC complaint or retain an attormey?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 20, 2022

If you feel you have been discriminated against by the actions of your employer because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status, pregnancy, or because you have a disability or feel you have been retaliated against... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask about medical issues after job offer?

I was just offered a job as a new nurse practitioner. During the first interview he offered me a $500 bonus in a part time position at a clinic I really like. He requested a meeting to give me the bonus check and to sign the contract, but he threw down two additional stipulations (non- compete... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2022

Nothing this prospective employer did is unlawful. You are a nurse, so it is very important for the employer to know about YOUR health.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it legal to fire someone who has a medical condition without a given reason

My friend who is currently going through chemotherapy was apparently suspended without pay from the company we work for because they allegedly cited he smelled like alcohol when apparently he didn't and he was suspended for also taking medication .

Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2022

Florida is an at-will employment state, meaning that workers can be terminated at any time and for any reason (or no reason at all). However, if your friend suspects he was targeted for termination based on his medical condition, he should speak with a Florida employment attorney about disability... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a privet sector employer not hire you because of who your neighbor is

My neighbor is a ex employee

Charles M.  Baron
Charles M. Baron
answered on Apr 28, 2022

Depends on if the REAL reason for not hiring is discrimination based on one of the protected classes under the law, such as race, color, sex, age, religion, national origin, handicap, and some other categories. While there is usually no way to get hard proof of the real reason outside of... Read more »

Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me

This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2022

There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.

3 Answers | Asked in Employment Discrimination for Florida on
Q: Is it legal for a restaurant owners wife to collect tips?

The owner of a restaurant I work at allows his wife to take tables and collect tips, taking tables away from his employees to do so. He will even ask employees to come in and work with his wife while paying them a flat fee, and she collects more in tips than the other employee is compensated, even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 8, 2022

1. Florida and federal law require restaurant owners to pay employees the current minimum wage but the law does not tell employers how they must do it.

2. Some restaurants do not allow tipping at all, but instead choose to pay their employees on an hourly or shift basis.

3. Any...
Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is my employer allowed to require a mandatory unpaid 30-minute break in the state of Florida?

I currently work for a remote company and I reside in the state of Florida. I have been working for this company for a few months and the only break given was a 20 minute paid break for an 8-hour shift. They now sent out a form to sign stating that we must take a 30-minute unpaid meal break, even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2022

Yes. Florida law does not require Florida employers to give employees any breaks, period. Some do, some don't. They get to decide. Why?

Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate,...
Read more »

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1 Answer | Asked in Civil Rights and Employment Discrimination for Florida on
Q: My barber cancelled my appointment after messing up the previous two haircuts.

He almost completely removed my wisdom lock(the only one I have) I heard and felt when his hands slipped after feeling him tug on it. I immediately reached back to feel what he had done. I said you cut my dread and his response was oops, no apology of any sort, I became very upset and quiet to let... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 23, 2022

Private personal service businesses like barbers, beauticians, doctors, and other similar businesses are not required to provide personal services to everyone As private businesses, they can decide whether they want your business or not.

1 Answer | Asked in Employment Discrimination for Florida on
Q: can you be fired in florida for not taking covid shot by a cleaning service even tho the bank employees dont have to ?

I signed a contract and worked two weeks and in my contract it says nothing about having a covid shot ,the manager is black and acted like he got mad once i said i didnt beleive in it, on the first night of training ,he had ask if i had it and i said no i dont beleive in it but once i seen his... Read more »

Linda Liang
Linda Liang
answered on Feb 7, 2022

Unfortunately you may.

Florida is at will state. At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason...
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1 Answer | Asked in Employment Discrimination for Florida on
Q: My company will only pay vaccinated employees covid relief pay, is this discrimination

My company has issued a letter stating only vaccinated employees will get paid for the time they take off if they test positive for covid 19. Unvaccinated employees will not get paid if tested positive for covid 19

An awnser from so.one less biased to the vaccine and keeps their persanly... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 27, 2022

No, it is not discrimination. Why?

Because your employer is clearly not making this employment decision based upon employees' race, gender, national origin, handicap, disability, marital status, or pregnancy.

WARNING: If you remain unvaccinated and contract Covid you might be...
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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would being terminated for Job Abandonment disqualify me from possible unemployment income?

I had made an accommodation request of my employers to relocate from IL to FL on account of my health being impacted by the environment in IL as well as my spouse relocating. Despite sending several emails making a plea to my director, manager and HR to the fact that I will be without a home if I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 7, 2022

As far as I know, job abandonment is a valid reason for termination and denial of employment benefits in Florida and most other states. But to be sure you need to ask a lawyer in Illinois whether that is the law in Illinois.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

Charles M.  Baron
Charles M. Baron
answered on Jan 3, 2022

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Hello I have a question. Regarding COVID 19 vaccine mandates in Florida.

Hello I have a question. I live in the state of Florida. I was offered a position for a new job, my background cleared and is at 100% completion with no discrepancies. I was called by the company stating I answered no to their question for vaccine. I told her that is correct and also informed I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 24, 2021

Assuming that you never got the job you applied for. the answer is no, you have no case. Why?

Because Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no...
Read more »

2 Answers | Asked in Criminal Law and Employment Discrimination for Florida on
Q: Does a misdemeanor marijuana offense when I was 17 show up to law schools or the BAR association in Florida?

This offense was expunged through a diversion program and I checked the FDLE for any criminal history and it returned no criminal history.

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 29, 2021

You are going to have to disclose the case to the Florida Bar and likely law schools (depending on what the application says), even if it was sealed and expunged. The good news is that there are a ton of lawyers with misdemeanor convictions who get accepted and accepted to the bar. The key thing to... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: It I work for a job that pays me 13 an hour to clean buses and be around people shouldn't I be paid more due to covid-19

I'm in South Bay Florida

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

Morally, yes they should. Legally, there currently is no requirement to do so. Transit workers unions have been asking Congress to pass a Federal law requiring such hazard pay - see: https://www.atu.org/media/releases/the-atu-and-twu-to-congress-hero-transit-workers-deserve-hazard-pay... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I work one day a week at a job, and occasionally pick up shifts. Can my manager fire me for working one day a week?
Linda Liang
Linda Liang
answered on Nov 10, 2021

Your manager can fire you for any reason because Florida is employment at will state, meaning both you and your boss can terminate the employment for any reason, unless your employment stipulates otherwise.

2 Answers | Asked in Employment Discrimination and Health Care Law for Florida on
Q: If I don’t get the vax will I be fired or laid off?

I’m a security officer, so I get assigned to posts depending on availability and needs of the post. By definition being fired is a change/failure in the employee resulting in termination. A layoff is a change within the company including company standards. So would I be entitled to a severance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 1, 2021

All these non-legal questions should be asked of your HR department, or supervisors.

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Got hired, took a drug test and heard nothing back. Worked for 3wks & got fired for failing dt. Anything to be done?

I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2021

So you are saying that you got fired for apparently smoking marijuana shortly before reporting to work. What you could do is apply for another job and, if hired, not report to work stoned.

I don't understand what the three week delay has to do with anything; it apparently took that...
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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 »

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