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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Do I have a case for wrongful termination. I'm located in Florida.

I was fired from my job for "underperformance to achieve pre-established sales goals". However, my managers only gave me an inclination of what my sales goals would be during the interview process for the role. I was not given any official documentation with my sales goals once I started the role.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

No. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions... Read more »

2 Answers | Asked in Employment Law, Federal Crimes and White Collar Crime for Florida on
Q: Cashing checks in my name for a company and sending via Person to Person transfers like Western Union- legal or not?

I was contacted by a company called Start'Immo to work for them. I did about a months work and at that point, I was asked to cash a check for the company. I said I would because I was under the impression that it would be to deposit the check in the company account. However, the check has my name... Read more »

Gary Kollin
Gary Kollin answered on Oct 10, 2019

COMPLETE SCAM

The check us a fraud.

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1 Answer | Asked in Employment Law for Florida on
Q: can i draw unemployment if my hrs are changed and i can't work the new hrs.Was 12 hr days 3 days a wk now 8 hr 5 day wk

I have worked a 12 hr day schedule 2 on/2 off/2 on/ 3 off and then it flips the next week. Due to a loss in volume, the schedule has been changed to a traditional 8 hr/5 day a week schedule. I can't work this due to my wife's schedule. Her hours were set around my schedule. If I cannot work... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

No. If the unemployment people find out that you left a great job voluntarily they will deem it a resignation--not entitled to unemployment compensation. They will contact your employer to verify your layoff--and they will tell your employer that their U/C Account will be charged for your benefits.... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can a business/company dictate how you take your lunch period?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

Yes. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: In Florida, is there anything that would prevent me from moving a newly highered employee to a suitable position.

this employee is not working out in the position hired for. want to keep employee but assign a new position

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 2, 2019

Yes, you can re-assign. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: I plead guilty to misdemeanor petty theft, now suing in small claims for overtime. Am I wasting my time?

Accountant/Bookkeeper

Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime.  The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Internet Law for Florida on
Q: Looking for an attorney to counter-litigate 8:17-cv-1522-T-33MAP Middle District of Florida

Former employer gave me corporate iphone. Upon separation I was told to keep the iphone (documented via emails).

Iphone settings were never changed, and Microsoft Exchange was attempting to synchronize contacts with corporate Exchange server (standard functionality). User account was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

If you retained a competent lawyer to defend you in the federal district court over two years ago I am surprised they did not file a counterclaim way back when you answered the complaint--because the plaintiff company might have seen the wisdom of paying your fees when they wanted to settle. In any... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a franchise employer and fellow employees harrass an employee until they quit because of an issue with a diff emp

My sister and daughter work for a 7eleven franchise my sister was fired for a reason but now the owner and co managers from other owned store and business are harrassing my daughter trying to make her quit too. They are talking negative thing to the customers in front of her face. Degrading her and... Read more »

Kevin Sanderson
Kevin Sanderson answered on Sep 26, 2019

It is difficult to say based on what you have here. For example, as they are both female is any of the harassment based on gender or sex or another protected class?

1 Answer | Asked in Employment Law for Florida on
Q: my job your manditory 50 hrs a week in management position and recieve paid vacations but only payyou for 40 hours is it
Mitchell Feldman
Mitchell Feldman answered on Aug 27, 2019

Not very clear. But, if your question is whether you are entitled to overtime pay, that depends on all the facts related to your actual job duties. Being called a "manager" does not make you exempt under the law. Many companies simply put 40 hours on pay stubs. This again does not mean you are... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if a person has quit their job and has accrued vacation time that they had not taken is the employer required to pay
Kevin Sanderson
Kevin Sanderson answered on Aug 16, 2019

People are always shocked by this, but in Florida you are not entitled to this time. It is not "banked" in the sense it is yours at the end of the employment as it is is some other states.

1 Answer | Asked in Employment Law for Florida on
Q: I have a family business, filed in Florida. We are parting ways with a 33% shareholder, can he go work for a competito

He was gifted 33% of the business, he is resigning, is their case law to support he could not work for a competitor as long as he owns a third of the business?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2019

You are going to have to do your own legal research, but (assuming it's a partnership or LLC and not a corporation), a good argument can be made that any work he does in the same type of business is work done for the business and therefore profits should be paid to the business.

In any...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: can I file a lawsuit against my employer for failing to take action against an employee who threatened me?

I was openly verbally threatened with great physical harm by an employee while in the presence of management (who witnessed the threat spoken), who then claimed they were unable to take action due to the absence of physical contact....is this true? is it legally feasible to sue my employer? I... Read more »

Kevin Sanderson
Kevin Sanderson answered on Aug 5, 2019

They can take action. They can investigate, suspend, fire that person and/or make sure you aren't working together. You may be able to take action against the employer for several causes, such as negligent hire/retention of that employee. You may need to file with an administrative agency if the... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for potential employers to ask for applicants' SS# before offering a job? Tnx.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

Yes, it is legal for employer's to ask for your SSAN during the supplication process.

1 Answer | Asked in Employment Law for Florida on
Q: My employer got into my online payroll account and changed my deductions from 0 to 10. Had to pay IRS $3,088 after

arguing they gave me a check but I am paying back half of the amount on a per paycheck basis. They created a hostile environment and recently called me into HR for making a pot of coffee that office services was to make. Said I sent an office-wide email announcing I did same. This all untrue and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

Unless you find some way to quell this silly dispute you may be out on the street looking for another job soon. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: so, now he had paid but he did not pay the correct amount, he only paid what he wanted.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

1. If you are attempting to ask a follow-up question to an earlier Q&A it will not work.

2. If this post is your first try, it will not work either; why?

3. Because lawyers need to know much more about your situation than you have provided.

4. For example,

a....
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1 Answer | Asked in Employment Law for Florida on
Q: whats the rule for employer withholding employee last two weeks pay?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 2, 2019

Unless the employer has some legal reason for doing so it is unlawful to withhold wages.

1 Answer | Asked in Employment Law and International Law for Florida on
Q: If i tell somebody to leave me alone, but they still contantly message me is it considered harrassment?

It's two people, and one lives in another country

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

Yes. Cyberstalking is now being recognized as a crime.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does length of employment have any bearing on an unpaid wages/wrongful termination/retaliation ?

I am left without legal representation because the attorney I hired removed himself from my case two weeks before the statue of limitations expired after I was persistent in my desire to go to court after almost a year of unsuccessful negotiation attempts. I have not been able to get another... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

Since you took the time and trouble to ask this same question twice, I will take the time and trouble to give you the same advice I gave before:

"You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: How can I file a charge against my employer to get my unpaid wages?

I was fired from my job via text message immediately following my text to my boss asking about a $2000 discrepancy in my first paycheck. I hired an attorney a month later to help me recover wages. He sent a demand letter and my former employer refused to negotiate a settlement and to this day has... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

You are confusing administrative limitations with legal limitations. Moreover, please be advised that an employer's failure to pay correct wages is not actionable as employment discrimination unless you have evidence that the employer failed to pay you the correct wages because of your gender, age,... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: In Florida, can an employer fire you for feeding feral cats at your workplace?Thank you

I work in Ft Myers and I work in an old bank building, but everywhere else is residential.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Yes. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these employment decisions based... Read more »

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