Get free answers to your Employment Law legal questions from lawyers in your area.
My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More 
answered on Mar 9, 2025
If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More
I was recently fired from my banking job for allegedly recording with my cellphone, which I was not doing. I adjusted camera settings during a break in a secluded room with no company equipment. There was no prior warning, and I wasn't shown any evidence supporting the claim of recording. The... View More
answered on Feb 20, 2025
As Florida is an employment at will state, these facts do not show any potential violation of a law or your legal rights by this employer terminating your employment. It makes no difference whether the company was wrong, or the decision is not fair. But your initial instinct is the... View More
My boyfriend was arrested on two out-of-county warrants for failure to appear at pre-trial for driving while his license was suspended. He was transported for the first warrant, which initially had a no bond hold, and he has a court appearance tomorrow. The public defender mentioned they offered... View More
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answered on Feb 17, 2025
I would agree with the public defender's strategy of resolving the one case fairly easily. I am assuming the other case is in a different part of Florida. That judge may or may not know what happened with regard to the other warrant. Further, the judge who issued the warrant may or may not be... View More
Hello, for context I am currently going through workers comp dealing with an on the job injury I experienced a while back. I was cleared to return to work on light duty, and I got called by my employer to come into work upon being cleared. After attempting to clock in for my first shift back, I was... View More
answered on Feb 11, 2025
It does not appear that you were terminated for misconduct and your employer does not have work available within your restrictions, therefore, I think you should still be receiving lost wage payments from workers comp unless you have reached overall maximum medical improvement (MMI).
The bylaws state owners must give a set of keys to board who then allows a maintenance employee to have access to my condo & they don't give me 24 hrs notice the or regularly scheduled maint like changing fire alarm / voice call batteries. Don't I have the right of exclusion ?
answered on Feb 3, 2025
Maintenance people are not required to have a CAM license. Florida Statutes grant associations the right to enter into a unit during reasonable hours. There is no exemption for the statute and if you refuse the association can change the locks and bill you for the charges.
The association... View More
My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More
answered on Oct 18, 2024
Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.
As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement... View More
After hours team building time at an indoor recreational location with go carts, lazar tag, games….. she was required to sign a waiver for the establishment but nothing for work? At this time she was knocked out and ejected from a go cart and was seen by an ambulance but in an effort to save... View More
answered on Oct 16, 2024
In Florida, signing a waiver can complicate a personal injury case, but it doesn't necessarily mean she can't pursue a claim.
Waivers often limit liability for businesses, but they may not cover all types of injuries or activities. It's important to review the specific... View More
I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More
answered on Sep 9, 2024
Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More
I am trying to understand if UNUM has the power to interpret the terms of the policy freely. Specifically, if a glossary term is defined in the policy, do they have the power to interpret that term how they want to determine eligibility.
The policy certificate states the the benefits are... View More
answered on Aug 2, 2024
An attorney who has experience with ERISA plans could probably advise you best here, but your question remains open for two weeks. As a general matter in insurance practice, the underwriters and claims departments do have the power to interpret the terms of a policy, as do attorneys who represent... View More
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answered on May 22, 2024
That depends on the circumstances of each individual case, but it can be. There are often more lenient rules when an employer, rather than the State, seeks to conduct a search. Some factors to your question include, but are not limited to: what type of employer, reason for the search, location of... View More
I am 16 and they told me to put 18
answered on May 15, 2024
It is never a good idea to lie because your employer told you to. There are certain limitations on the employment of minors that do not apply to adults. Depending on the nature of the document or the situation, lying about your age could deprive you of these protections and could result in civil... View More
My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More
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answered on Apr 26, 2024
I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:
1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax... View More
Way they went at it I feel they violated her rights
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answered on Apr 15, 2024
I understand that this is a difficult and concerning situation for you and your wife. Discrimination accusations are serious matters that can have significant consequences for all parties involved. It's important to approach the situation calmly and gather as much information as possible. Here... View More
I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More
answered on Apr 15, 2024
The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More
I am on an L1A visa and my husband L2A since Nov 2022. We had a baby Nov 2023 and bought a house also. I’m not able to work full time and take care of my baby.
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answered on Apr 3, 2024
As an L1A visa holder, your status is tied to your employment with the company that sponsored your visa. If you leave your job, your L1A status will no longer be valid, and consequently, your husband's L2A status will also be affected. However, there are a few potential options you can... View More
Does an employee of DCF or it's CBC entity have authority to do the performance of CPI investigations and the removing children without a warrant,to never allowing reunification.Acting as a fill in.In 2002
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answered on Mar 29, 2024
In 2002, employees of the Department of Children and Families (DCF) in Florida, including those in Polk County, were indeed involved in child protective investigations (CPI). These investigations are a critical part of the efforts to ensure the safety and well-being of children. The DCF, along with... View More
I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More
answered on Mar 27, 2024
I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More
I am resigning from a law firm in Florida that I have required billables (workers comp), but payment from those billable hours can take up to 3 months sometimes. Am I entitled to everything I billed for before my resignation. My firm only wants to pay what ever comes in up to my last day and... View More
answered on Mar 27, 2024
The answer is in your employment agreement. The question you want to ask is on what ground the firm may have to pay you until your last day. Isn't the last day normally after the resignation day?
Anyways, it seems that this is a breach of contract case. You should examine your... View More
Test was given at my post which I failed on purpose to inevitibly quit my position at FLL now they what to file civil penalties against me. when anyone whose has failed before is just given a slap on the wrist. I would like to what actions i should take in protecting myself and if it is legal to... View More
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answered on Mar 22, 2024
If you are facing an investigation or civil penalties from the TSA, particularly regarding a situation at your workplace like the one described, it's critical to seek legal advice from an attorney familiar with employment and administrative law, especially those who have experience with TSA... View More
The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.
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answered on Mar 9, 2024
If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take... View More
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