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Florida Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if...
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1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: can my job be terminated while I am collecting disability in FLorida
T. Augustus Claus
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answered on Sep 13, 2023

In Florida, the termination of employment while collecting disability benefits can be influenced by various factors. The type of disability benefits you are receiving, the nature of your disability, and your employment status all play a role in determining your job security. Federal laws like the... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Florida on
Q: Need an attorney familiar with the appeal process in Miami Florida

Hello,

I am looking to appeal my case that was just closed yesterday 8/15/2023. I filed pro se against my former employer for disability discrimination. My claim was dismissed for failure to state a claim with prejudice. I feel that I have all the evidence needed to prove discrimination... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does my girlfriend have a case of employment harassment and/or retaliation?

My girlfriend just recently had her hours cut and her job threatened after she told her boss that a "manager" was unprofessional in her approach of informing my gf of a new "policy." The manager verbally abused my gf and told her if she "didn't like it she could... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

There is no such thing as "a case of employment harassment" that can be made into a claim for money damages. There are certain types of legally-recognized claims in which harassment may be a related fact issue, such as in cases of unlawful discrimination based on age, sex, race, color,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I believe my Supervisor is showing signs of discrimination towards me. If I am fired for this reason do I have a case?

I work for a medium to large WFH company I started a few months ago for training but as of last week I have graduated to production. Last week something happened with my phone number and I had to change it, I forgot the password to the personal email that I used to receive a code that is necessary... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 23, 2023

Your inquiry does not give any facts that would form a basis for asserting that you are the victim of unlawful discrimination. Discrimination, in the employment law context, means that you are being treated differently than co-employee(s) who perform the same or similar job functions, and at the... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My previous employer terminated me and wanted train my replacement in order to work 2 additional weeks. Is that fair?

I was an Inventory Specialist for Comfort Temp Heating and Air in Gainesville, Florida. On 7/13/23, I was terminated from that employer. At 6am that day, I was told but my peers that the CFO, C.W. felt that the position and I was no longer needed with the company and they it was being discussed... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 22, 2023

It may not be fair, but that's a different question than, "Do I have any legal remedies?" To answer that question, you must schedule a consultation with an attorney handling employment law. It sounds like the employer was portraying this as a layoff, not a termination for anything... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My previous employer terminated me and wanted train my replacement in order to work 2 additional weeks. Is that fair?

I was an Inventory Specialist for Comfort Temp Heating and Air in Gainesville, Florida. On 7/13/23, I was terminated from that employer. At 6am that day, I was told but my peers that the CFO, C.W. felt that the position and I was no longer needed with the company and they it was being discussed... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

If you believe there are other reasons for your termination, other than a financial reason by your employer, then I suggest you consult with your employer. As an employee at Will, you can be terminated for any reason at any time, and your employer has no obligation to provide you two weeks of work.

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2 Answers | Asked in Employment Discrimination and Criminal Law for Florida on
Q: I was accused at my job. Said I was inappropriate with the patient but the job cleared me to come back to work

Now it's in the police getting involved and they want to talk with me appending the investigation. What would be my approach?

Michael Celso Gonzalez
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answered on Jun 14, 2023

You should absolutely not speak to the police without first consulting, an attorney, who not only is experienced with these types of cases involving inappropriate contact, but focuses their entire practice in representing people with these types of accusations. The police might lull you into a... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: Is it legal for my boss to continually make one employee take a longer unpaid lunch break than other employees?

My coworkers are noticing that my boss is treating me differently. It's really embarrassing and feels like harassment.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

As long as you don't need to perform work during your lunch break and the break lasts at least 30 minutes, then your employer isn't violating any wage laws. However, if there are other ways your boss is treating you less favorably than your coworkers based on a protected class... View More

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

Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I had a customer at work harass me several times and my work didn’t really do anything about it. What can I do ?

I work at a storage rental facility and a customer not only broke several of the rules but also indecently exposed himself to me and then grabbed/tried rubbing up on me afterwards. All my company did was make him move out three of his 5 units. I expressed to them how unsafe I feel when he’s... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 17, 2023

Sounds like the customer committed a crime, or more than one crime (and is there a video to prove it?). You can report it to the police to see if they will arrest the customer for indecent exposure, etc. - but you may want to run that by your employer first. If the employer would terminate you... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I sue the owner of a company I was hired for firing me after been assaulted by a harassing employee?
Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2023

If you're asking if you can sue simply because the termination was unfair or because it makes no sense, that reason alone is probably not sufficient to support a claim, other than a claim for Reemployment Assistance (unemployment comp) (if you qualify). In Fla., if you don't have an... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: My daughter is a minor working at dunkin donuts and is being treat unfairly and harras, what can she do?

My daughter is being harras by 2 employees, from being bullied because of her race, given a task that such employees don't want to do, and getting yelled at in a degrading way being threatened to get fired if she complains. This situation has her anxiety and feels that even if she stands up to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 10, 2023

If your daughter is being harassed or discriminated against based on her race, she needs to bring this to the attention of human resources and/or her direct supervisor. After the supervisor is on notice, they have a duty to either separate the employees from your daughter, or discharge them. If... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask you to resign after you tell them you have cancer?? **& your also pregnant?

My neice inlaw is 26, she's 9 mo.s pregnant and has just been diagnosed with stage 2 breast cancer, her plan was to return to work as a teacher after 3 mo's. When she told her employer (a very highly prestigious private school in pbg, fl) that she may need a double masectomy, they asked... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2023

Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work... View More

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1 Answer | Asked in Employment Discrimination for Florida on
Q: Can I accept a settlement from my former employer in an EEOC charge that is higher than the law $ cap?

I know that in EEOC discrimination cases, financial settlement is limited based on number of employees in the company. Can the company offer a higher settlement amount than the cap limit the law has set? Such as for a company under 100 employees, but more than 15, limit says $50k. Can the company... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

Offering more than they have to would certainly be surprising. Generally, a party that has rights under the law can voluntarily waive those rights. That is a general guideline I am giving you, not a legal opinion for your particular situation, as I could not be certain of the answer to your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: What is considered unlawful termination

In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... View More

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

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees...
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1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
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answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I feel I have been harassed due to FMLA/accident or a sexual harassment case that is over now.

In the beginning/middle of last year I had a sexual harassment claim against the CEO of the company I work for. He was a predator. He harassed 2 other women before me and they were given a gag order and paid. He should have been fired then and wasn’t. I got it worse. I didn’t want this... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 21, 2024

I do believe this is worth following up with an attorney on.

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