Lawyers, Answer Questions  & Get Points Log In
Florida Employment Discrimination Questions & Answers
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... View 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... View 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... View 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... View 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...
View More

View More Answers

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... View 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,...
View More

View More Answers

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... View 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... View 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...
View More

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... View 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...
View More

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... View 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... View More

View More Answers

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... View 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...
View 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
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... View More

View More Answers

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... View 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... View 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.

View More Answers

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...
View More

View More 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:... View 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... View 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... View 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... View More

View More Answers

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.