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Florida Employment Law Questions & Answers
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... Read 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... Read more »

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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I am a 1099 contractor a company I subcontracted for is now trying to sue me.

A company I worked with has filed a lawsuit against me saying I owe them 50,000 dollars, as well as asking for alot of other information. I don’t have any money how do I get help with this?

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

Are you an individual contractor, or you have a corporate or LLC entity? If you have an entity that is officially the contractor, you are required to have an attorney represent the entity in any court above small claims court, and if you don't have an attorney, the plaintiff will quickly... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can a 16 year old get a solicitor permit in Florida. What would happen if I solicit without one?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 18, 2022

Interesting question, actually. Florida Statute 501.022 requires such a permit but excludes minors (persons under the age of 18) from having to get a permit if they are under the supervision of a permit holder. But being a minor is not included in the grounds for denial of a permit. So... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Question on employment law and background checks in Florida.

I live in Florida and I am curious what background reporting regulations may be (Google has too many different answers to be sure what is correct).

Almost 10 years ago, when I was barely 18, I was arrested for a couple of felonies and a couple of misdemeanors. All of my charges were either... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 14, 2022

I strongly suggest that you hire an employment lawyer to discuss this rather than ask all these very important questions here on this public website. The fee for speaking to most experienced employment lawyers is very reasonable. Search for one using the website's Find a Lawyer tab.

1 Answer | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Florida on
Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?

My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... Read more »

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 8, 2022

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Need Job transfer due to medical reason, company is wanting to pay me less then what I was getting paid before w/ 10 yrs

My Dr. stated that I need to change my job role in my company due to medical issues that could worsen if I stay in the same role. The company I work for has been working to change me roles for two years (couldn't collect unemployment or disability for some reason). They called today saying... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 6, 2022

You should contact a Florida employment attorney to discuss this situation further, as this will be a highly fact-intensive situation. While the Americans with Disabilities Act permits you to request accommodations - including a position reassignment - your employer need not maintain your same pay... Read 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... Read 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 Discrimination and Employment Law for Florida on
Q: How can i sue my employer for racist comment, sexual comments, and they basically pushed me to quit

I was told a very racist comment in front of few other coworkers, been sexualized multiple time at work, they pushed me to quit by the way they were treating, pretty sure made them happy since that’s exactly what he wanted, I’ve been treated extremely bad at that job and i need to know what to do.

Kevin Sanderson
Kevin Sanderson
answered on Nov 16, 2022

Remember your employer needs to have at least 5-15 employees depending on physical location for them to qualify for jurisdiction of discrimination laws. You are welcome to contact me.

1 Answer | Asked in Employment Law for Florida on
Q: Can my employer change my rate of pay weekly based on my hours scheduled?

Can my employer change my hourly pay rate weekly? My hourly pay rate changes every week based on the amount of hours I work which is usually 50-60hrs as a security guard. I am paid OT on whatever the new hourly rate is. Is this something my employer can do just constantly change my rate even if it... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 2, 2022

As long as your hourly rate doesn't fall below minimum wage, and as long as your overtime rate is properly calculated, then there is nothing unlawful about this situation. However, you should consult a Florida employment attorney to ensure your overtime rate is being calculated correctly if... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for Florida on
Q: I was contracted to a third party industry by my employer. I was off site when I was fired for something someone said.

I was off site at the time of the incident, so I don't know what was said. My employer has also not given a reason for termination. What kind of lawyer would I need to find out what happened?

Linda Liang
Linda Liang
answered on Nov 2, 2022

An employment attorney.

3 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Is there a way to get my employer to tell me what I was accused of, by a third party, to be terminated?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2022

Actually, I wouldn't plan on suing the employer. Employers generally can fire their employees if they want to; they don't need a reason. But if someone else defamed you, you might sue that person if, by taking the deposition of the former employer, you can learn the identity accuser,... Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Florida on
Q: I'm a 1099 contractor of service, I recently refused to sign a non compete, now client refuses to pay. What can I do?

I'm a independent contractor working for a cleaning service for the past 3 months. The owner of cleaning service has paid me every Saturday for work completed. However, they just recently asked me to sign a non compete. I politely declined and resigned from my services. Now the owner is... Read more »

Kevin Sanderson
Kevin Sanderson
answered on Oct 31, 2022

This is a concern. You worked the hours in question and the non-comp was not a part of the agreement.

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: How does a teacher protect themselves legally from continual physical threats from a teenage student.

I have filed formal complaints with the administration and the administration simply does not respond - Yet, continues to place me in harms way wth duties that bring me in contact with this volatile student. who know feels empowered to really intimidate and harass me every chance she gets

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 24, 2022

File a complaint with the department of education.

3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: What is a Motion for miscellaneous relief Joint MOTION Suspend Scheduling Order to Suspend all Unexpired Deadlines

Set Forth in the Scheduling Order re [22] Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge

Kevin Sanderson
Kevin Sanderson
answered on Oct 16, 2022

It sounds like you have filed a case, maybe in federal court and this is an early standard order. It is hard to navigate these by yourself. I would be willing to speak to you about your case. 941-444-1548.

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1 Answer | Asked in Employment Law for Florida on
Q: Hi! I got terminated from my job here in Florida. The terminated me on the spot and never signed a termination letter.

They terminated me and gave me the reason “business is changing”. I never signed when I received my laptop and never signed anything when they fired me. Now they’re texting me saying that they want their laptop back.

I’m so sad that I got terminated without a valid reason and on... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 15, 2022

Unless the employer gave you (a very expensive) laptop to keep, you must return it.

You know perfectly well that you cannot keep a laptop that you do not own.

If your former employer wants to make more trouble for you, they will tell the police that you stole the MacBook Pro,...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Good afternoon I been working for this company for 28 years first my boss hate my religion ok my boss wrote me up becaus

Because he said that if I didn’t complete the work he assigned me by October 17th I’ll be fired

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2022

A Florida attorney could advise best, but your question remains open for two weeks. You could try reposting and adding the categories Employment Law and Employment Discrimination. Some questions do go unanswered here but you might have better chances of a response under those categories. Good luck

Q: Can I sue my employer for causing me to get yeast infections?

I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... Read more »

Joseph Coughlan
Joseph Coughlan
answered on Oct 10, 2022

In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can an owner of a restaurant use the word salary on a paycheck stub to avoid paying overtime

On the stub rate of pay says salary The hours for 2 weeks say 80 but the employee worked a 105 hours. The owner paid $6.98 for a 105 hours And the employee did not get time and a 1/2 for overtime

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 5, 2022

Generally no. There are certain standards an employer must meet in order to prove their employees can be properly paid on a salary basis. If these standards aren't met, then employees must be paid overtime for all hours worked in excess of 40 in a week.

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 3, 2022

Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.

1 Answer | Asked in Employment Law for Florida on
Q: My manager called me into her office and said "I am frustrated with you". Is this a good statement?

Everyone has their share of mistakes, we do not live in a perfect world. Out of my years of work, I have never had a manager use that statement, against me. She is an HR manager, I feel very uncomfortable now. She also gave me a warning, Just want to know if there is a solution for this.

Brett Daniel Kaplan
Brett Daniel Kaplan
answered on Sep 30, 2022

Hi: I'm sorry for your situation feeling uncomfortable by the HR manager at work -- I appreciate that frustration. If you feel uncomfortable, you can always voice that to a different individual within the HR department. Also, to be sure, the law would be triggered here if the HR manager said... Read more »

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