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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Florida on
Q: Can my job fill out an accident report without me being present?

I am suffering from repetitive stress injury. I called out of work and went to the doctors. I requested to fill out an accident report. They filled one out and gave it to me at the end of the work day. Once I read it they filled it out incorrectly. Not putting what I actually told them. Seems to me... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

I assume they asked you to sign it. If so, you should have corrected the errors before signing it.

2 Answers | Asked in Employment Law for Florida on
Q: Is employer allowed to withheld any amount from employees final paycheck, if the employee did not give required notice?

The employee did sign a employee contract to work in a restaurant, where she/he voluntarily signed to give 1 week notice when quitting. In the contract is written that the employer would withheld the hours missed from the employees final paycheck. (Example: the employee was supposed to work part... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 26, 2020

If you are asking whether the employer will deduct $300 the answer is probably. If you are asking whether the employer can, the answer is yes. If you are asking whether it is lawful the answer is yes.

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1 Answer | Asked in Employment Law for Florida on
Q: What's the legal travel compensation requirements for nurses visiting patients at home?

My wife is a full-time employee of a company as Physical Therapist who visits several patients a day. Some of these patients can be an hour's drive from each other. The employer is only compensating the milage, and not the time spent driving. Hence, my wife has to put in a lot of unpaid overtime to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 25, 2020

It sounds like your wife may be what’s called a 1099 employee, not a regular (W-2) employee. The difference is that-as a professional-she can be required to do things that employers cannot require regular employees to do. Thus the rules and laws governing employment rights are not the same for... Read more »

2 Answers | Asked in Business Law and Employment Law for Florida on
Q: Can a company who files me as "1099-Misc/Independent contractor" online legally refuse to pay me?

I work on a "Q&A website" that pays people to ask questions, who at the end of year sends a 1099-Misc form, classifying me as an "independent contractor". I currently earn 1K every month on this site. I've earned 6K up to this point throughout the year. Per their guidelines, they can ban people... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 25, 2020

Lawyers who like good reviews apparently like to answer questions about the future; I am not one because no one on this planet can predict the future. The short answer to your questions is yes. Whether you will win is unknowable.

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2 Answers | Asked in Employment Discrimination, Employment Law and Federal Crimes for Florida on
Q: My employer is committing fraud. I thought it was accidental and pointed it out, I was then bullied,

And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 23, 2020

I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Who can I contact about unpaid overtime

I work overnight from 10pm-7am on Friday night I get two hours and the other six roll over to the next week (Saturday is the start of a new week) so they pushed all my hours to Friday so they didn't have to pay the overtime

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 17, 2020

Employers have the right to structure their work time needs. The system used here appears legal because it accurately records time worked each day of the week.

As long as employers do not require employees to work more than 40 hours in any one work week, or more than 8 hours in any one...
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1 Answer | Asked in Employment Law for Florida on
Q: I have received via the employee an Agreed order to employer to deduct and remit and for related matter.

I have received the notice via the employee 2 months after it was filled. It does not specify when to start and for how long. Can i get out of this? Can the employee pay it on its own?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 16, 2020

I'm guessing this has something to do with a garnishment. If so, you should have been served with process. Show the order to an attorney in your area to see what it's all about. Or you might want to review the court file (you can do that online; google "clerk of court" for your county).

1 Answer | Asked in Employment Law for Florida on
Q: Re: Employment Law. Given a separation agreement due to "Elimination of my position". It is not clear in the agreement

if I will receive unpaid accrued PTO (Paid-time Off). I cannot get a straight answer from the HR contact person. Note: There is a severance if I sign the agreement. but goes on to say "Employee acknowledges that foregoing payments and benefits in this Agreement includes any unused Paid Time Off"... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 13, 2020

Without having any opportunity to review the severance agreement I am unable to properly advise you about it. However, I will say that most employers who are represented by lawyers are told not to discuss the agreement with the employee because of the chance of creating a misunderstanding that... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I was recently fired from my job and had to sign a release contract at the exact same time to receive a severance pay.

I would like to know if I should have done it and what I have given up. I live in Jacksonville,fl

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 13, 2020

It is impossible to answer your question without much more information about your job, your rate of pay, why you were fired, and the amount of the severance pay.

1 Answer | Asked in Business Law and Employment Law for Florida on
Q: Can an employer, deduct the cost of a drug test a a physical from your paycheck, because you left the company?

Worked for. FedEx Contractor for 2 weeks was offered a job elsewhere to start immediately, better hours, money, benefits, I took it.

The FedEx Contractor said we would get paid weekly, never recieved my first check during my 2 weeks. In the 3rd week (1st week at the new company) still no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 10, 2020

Yes, this is perfectly legal, and in fact is done all the time to discourage people who waste an employer’s time and money.

1 Answer | Asked in Employment Law and Mergers & Acquisitions for Florida on
Q: What rights do I have as an employee at a franchise that corporate is soon buying back?

I am an employee at a franchise my boss owns. There is talk that corporate is buying back the franchise to do with it what they want since my boss who owns the franchise is defaulting on loans. I am worried for my job if this happens, do I have any rights?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 10, 2020

Unless you have a written employment agreement you are at risk of losing your job. On the other hand, if you are a great employee the new owner might keep you on.

2 Answers | Asked in Gov & Administrative Law, Employment Law and Workers' Compensation for Florida on
Q: Who is liable when an off duty LEO is injured, outside of their jurisdiction, acting in a LEO capacity?

If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 9, 2020

Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.

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1 Answer | Asked in Employment Law for Florida on
Q: My employer advertised specific health coverage and when I signed up the coverage I was promised was listed as a typo.

I live in Florida and my employer is based in San Francisco. It was specifically for mental health coverage. They stated it was a $20 copay, and now I am being told it is I pay everything until I hit my deductible and then 10% after that.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 8, 2020

Other than resign and seek employment elsewhere, there is nothing you can do to change this situation.

1 Answer | Asked in Employment Law for Florida on
Q: Can my salary-based pay be deducted if the clinic closes early 1-2 days and I am in my 90-day trial period?

I am a physical therapist assistant working salary-based in a clinic. I am currently in my 90-day trial period. They gave me an amount they’d pay me biweekly. There were some deductions in my pay this week due to holidays not being covered in the 90-day period. There were 2 days that we left... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 4, 2020

Not being paid overtime for all time worked overtime is not the same as being paid for time not worked. Unless you have a written contract the employer can do anything they want to do.

2 Answers | Asked in Employment Law for Florida on
Q: Are state statutes beyond just the federal violations applicable in an employment case filed in federal Court?

I am filing suit pro se against former employer in federal Court for whistle-blower/retaliation, violation of Flsa, wrongful termination, promissory estoppel, and emotional distress (is that a complaint in itself, or damages awarded for other complaints?). There are applicable Florida statutes that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 28, 2019

You could include your state-law issues if there is diversity of citizenship between you and the defendant and the amount you are claiming under the state-law issues meets the diversity limitations.

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1 Answer | Asked in Employment Law for Florida on
Q: What are Florida state laws regarding employee breaks
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 26, 2019

Despite what most employees believe, Florida employers do not have to give employees any breaks--unless required by a Union agreement or some other written employment agreement. There are no Florida laws regarding breaks for employees. Nor are there any federal laws requiring breaks.

2 Answers | Asked in Employment Law for Florida on
Q: i was just informed by my supervisor that hr is investigating me for working off the clock.

i was unaware this was illegal . i don't want to be fired . what can i do?

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Dec 24, 2019

It’s not illegal for you to work off the clock, but it is illegal for a company to not pay an employee for time worked off the clock. A company can discipline an employee for working off the clock, but must pay him/her for that time, including any overtime if it pushes the work time over 40 hours... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: I have a 14 year old employee for my pressure washing business. are there any limits to what he can or cannot do?

I am an employer that has a 14 year old employee. My Business is a pressure washing company, that also has the capabilities of roof cleaning. I have reviewed child labor laws and have learned he cannot work on roofs. Are there any other limitations to what he can or cannot do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

Yes there are many things you cannot do. Contact an employment lawyer before doing anything.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: signed a protective covenant and will be doing similar work at the new place. Should I be concerned about legal action?

at my current job, I was required to sign a protective covenant agreement that has a non-compete clause that is pretty broad, stating that I cannot engage in any business line that I've been working in over the last 24 months for a period of 12 months anywhere in the US as it's a national company.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

IMO, you should wait until everything new going on is completed, put into place and up and running before worrying about what might happen if you go elsewhere someday.

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