Florida Employment Law Questions & Answers
Q: Do I still have a claim against my employer after accepted the two days they’re offering me?
Ashley Ann Krapacs' answer
It is unlawful for an employer to terminate you because of your pregnancy. You should definitely reach out to a lawyer who can help you determine whether you have a discrimination claim against your previous employer. Please contact my firm if you want a free consultation.
It is unlawful for an employer to terminate you because of your pregnancy. You should definitely reach out to a lawyer who can help you determine whether you have a discrimination claim against your previous employer. Please contact my firm if you want a free consultation.
Q: Do you have to sign that you waive legal rights (Claims released and given up) clause to receive monies owed in FL?
Terrence H Thorgaard's answer
Yes, if you want to receive the settlement you would have to sign the release. If you don't know what these rights might be, you should consult with an attorney, or at least research those statutes.
Yes, if you want to receive the settlement you would have to sign the release. If you don't know what these rights might be, you should consult with an attorney, or at least research those statutes.
Q: Is it harassment if my boss, the CEO, is inappropriately messaging me late night after hours?
Stephen Arnold Black's answer
You should discuss this matter in private with counsel here in Florida. You may have a viable case.
You should discuss this matter in private with counsel here in Florida. You may have a viable case.
Q: Some Federal employees are called to work without pay during the shutdown. Is this a violation of the 13th Amendment?
2 Answers
| Asked
in
Employment Law, Gov & Administrative Law and Constitutional Law
for
Florida
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Charles M. Baron's answer
Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're working for POSTPONED wages. But at SOME point, there would be a good argument that postponement for X period of time, with absolutely no end in sight, is the constitutional equivalent of slavery!
Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're working for POSTPONED wages. But at SOME point, there would be a good argument that postponement for X period of time, with absolutely no end in sight, is the constitutional equivalent of slavery!
Q: How many days do they have to file a seizure of property from the day they took the property in the state of Alabama
1 Answer
| Asked
in
Criminal Law, Employment Law, Child Custody and Child Support
for
Florida
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Terrence H Thorgaard's answer
You might want to rephrase your question so that it can be understood (Who took what kind of property? Did they take it pursuant to a court order or as a secured party? And what do you mean by "file a seizure of property"?) , and ask it in Justia › Ask a Lawyer › Alabama ›, because it appears to relate to the law of that state.
You might want to rephrase your question so that it can be understood (Who took what kind of property? Did they take it pursuant to a court order or as a secured party? And what do you mean by "file a seizure of property"?) , and ask it in Justia › Ask a Lawyer › Alabama ›, because it appears to relate to the law of that state.
Q: How much would my house hold of 3 need to make annually to get our child's Godmother sponsored as a live in nanny?
1 Answer
| Asked
in
Employment Law, Family Law, Immigration Law and Tax Law
for
Florida
on
Answered on Jan 13, 2019
Answered on Jan 13, 2019
Allen C. Ladd's answer
Sorry, I don't see how you can accomplish what you want to do, under the US immigration laws.
Sorry, I don't see how you can accomplish what you want to do, under the US immigration laws.
Q: If a 15 year old had sex with a manager(30 years of age) of a large grocery chain over 20 years ago is there a case?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Florida
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Q: Can a traffic moving violation affect a H1B application?
2 Answers
| Asked
in
Traffic Tickets, Employment Law, Immigration Law and Car Accidents
for
Florida
on
Answered on Jan 5, 2019
Answered on Jan 5, 2019
Allen C. Ladd's answer
Thank you for your very thoughtful and courteous question! I don't see any problem at all with the H-1B process. It's when driving and alcohol mix that there are serious serious consequences. Piacere!
Thank you for your very thoughtful and courteous question! I don't see any problem at all with the H-1B process. It's when driving and alcohol mix that there are serious serious consequences. Piacere!
Q: Hi there.I've been working in the same company for more than six years.The work schedule is from 7:30 am to 4:30.
Mitchell Feldman's answer
If they are automatically deducting an hour for a meal break and you are working through some or all of the meal breaks they have to provide you the opportunity to clean those hours and clock in and out a report that otherwise you would need to be paid for those hours if you worked
If they are automatically deducting an hour for a meal break and you are working through some or all of the meal breaks they have to provide you the opportunity to clean those hours and clock in and out a report that otherwise you would need to be paid for those hours if you worked
Q: I applied for a job that required me to be 21 at the age of 20. The staff knew but once I turned 21 I got fired. Legal?
1 Answer
| Asked
in
Employment Law, Communications Law and Employment Discrimination
for
Florida
on
Answered on Dec 21, 2018
Answered on Dec 21, 2018
Terrence H Thorgaard's answer
In general, most employment is "at will". This means that an employer doesn't need a reason to fire someone. So yes, they can terminate you even under the questionable circumstances you describe.
In general, most employment is "at will". This means that an employer doesn't need a reason to fire someone. So yes, they can terminate you even under the questionable circumstances you describe.
Q: Can your previous employer hold your last check because they want to talk to you? I don't work for that company anymore.
Ashley Ann Krapacs' answer
I'm not sure what you mean by "hostile work environment," so I cannot say for sure if you may have some sort of discrimination claim against your former employer, but, generally, if you are owed wages from hours that you previously worked, the employer is required to pay you for those wages. Please contact me directly if you'd like to discuss the hostile work environment issue further and address the best way for you to request your wages.
I'm not sure what you mean by "hostile work environment," so I cannot say for sure if you may have some sort of discrimination claim against your former employer, but, generally, if you are owed wages from hours that you previously worked, the employer is required to pay you for those wages. Please contact me directly if you'd like to discuss the hostile work environment issue further and address the best way for you to request your wages.
Q: If someone is being paid under the table by their employer, what are the legal ramifications for the employee?
Terrence H Thorgaard's answer
More importantly than state law, the employee needs to know how federal laws, and particular income tax laws apply. It appears to be taxable income and employment taxes probably also apply.
More importantly than state law, the employee needs to know how federal laws, and particular income tax laws apply. It appears to be taxable income and employment taxes probably also apply.
Q: I have a question about an employment contract for a manager to be paid by commission only in the state of florida.
Mitchell Feldman's answer
If you are being paid minimum wage then you are to be paid time and one half state min wage for overtime.
If you are paid a commission and employer promises that if your pay dips below time and one half min wage for all hours worked it should be based upon the state minimum wage.
If you are being paid minimum wage then you are to be paid time and one half state min wage for overtime.
If you are paid a commission and employer promises that if your pay dips below time and one half min wage for all hours worked it should be based upon the state minimum wage.
Q: I work in an office in Florida for a company whose headquarters is based out of New Jersey.
Terrence H Thorgaard's answer
I don't believe Florida has such a law, but neither does it have any law which would prohibit the policy to which you refer. So yes, that's allowed; it's standard.
I don't believe Florida has such a law, but neither does it have any law which would prohibit the policy to which you refer. So yes, that's allowed; it's standard.
Q: Employer's comp for employees psychologically injured after not fatal/airplane accident
1 Answer
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
Florida
on
Answered on Oct 3, 2018
Answered on Oct 3, 2018
Terrence H Thorgaard's answer
You have appropriately categorized this question under "Worker's Compensation". You should consult with an attorney who practices in that field; it appears that your spouse may have a claim. Employer fault is not pertinent in worker's compensation.
You have appropriately categorized this question under "Worker's Compensation". You should consult with an attorney who practices in that field; it appears that your spouse may have a claim. Employer fault is not pertinent in worker's compensation.
Q: Can an employer alter time sheets for employees without their knowledge simply because they do not support the times
Mitchell Feldman's answer
Under both the state and federal wage laws, as an hourly paid, non-exempt employee, whatever hours you work must be paid by the employer, and its in most circumstances, unlawful to edit or shave off hours worked and refuse to pay those hours. You must be paid for all hours worked. If your employer contends you worked hours you were not authorized for, then, it can subject you to discipline, but still cannot simply shave off your hours from records and refuse to pay for the work hours....
Under both the state and federal wage laws, as an hourly paid, non-exempt employee, whatever hours you work must be paid by the employer, and its in most circumstances, unlawful to edit or shave off hours worked and refuse to pay those hours. You must be paid for all hours worked. If your employer contends you worked hours you were not authorized for, then, it can subject you to discipline, but still cannot simply shave off your hours from records and refuse to pay for the work hours....
Q: Is my employer required to mail my last paycheck if I move 193 miles away? Or will I have to drive 3 hours up state?
Terrence H Thorgaard's answer
No, I don't believe there is any law REQUIRING the employer to mail you the paycheck. Have you asked them to do so?
No, I don't believe there is any law REQUIRING the employer to mail you the paycheck. Have you asked them to do so?
Q: If my old employer told me I was going to get bonus money, and then fired me ( I walked out)... can I sue them?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Florida
on
Answered on Sep 15, 2018
Answered on Sep 15, 2018
Terrence H Thorgaard's answer
A bonus means something you get above and beyond what your employer agreed to pay you. In other words, they told you they were going to give you a gift, but didn't follow through. So no.
A bonus means something you get above and beyond what your employer agreed to pay you. In other words, they told you they were going to give you a gift, but didn't follow through. So no.
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