Lawyers, Answer Questions  & Get Points Log In
Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer just spring on their employees "all calls wil be recorded and data extracted with AI to improve metric

I work for an online university, ben here 6.5 year now the admin coming up with AI "data extraction" but not telling us who extracts data, where does it end up, who analyzes the data to improve outcomes. I work with students across the USA and approx 25 % of all calls are documented as:... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Yes. While you are working and using the employer's phone system or receiving the calls, the conversation is not private or confidential as against the employer because at the time you are the employer- you are not taking the call as an individual. The warning about possible recording is to... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Does Amscot have a case for violation of non compete clause if you get job at a bank?

Amscot isn’t a bank, it’s a check chasing store, cash advance and bill payment place.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 22, 2021

Probably not; however, I cannot advise you properly unless I see a copy of the non-compete clause itself.

1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

1 Answer | Asked in Employment Law and Libel & Slander for Florida on
Q: Hello, Can a prospective employer be sued for rejecting a candidate based on hearsay or negative, unsubstantiated

comments from one of their own employees?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 7, 2021

You mean sued successfully? Probably not. The prospective employer doesn't need any reason not to hire; employment is "at will" of the employer.

1 Answer | Asked in Employment Law for Florida on
Q: As an employee who is currently working 100% remotely, can by company mandate that I get a COVID vaccine now?

My job is currently 100% remote and has been since March of 2020. We are so “remote” we are not even allowed into our former office building to retrieve personal or work related items. There are currently no dates or plans for us to return to working on-site. They are now mandating that even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 1, 2021

Your employer's "legal right" to terminate you is absolute in Florida. It has nothing to do with whether you are working remote or not.

Warning: They are probably mandating the vaccine in order to find out who the naysayers and vaccine resisters are so they can thin the herd...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I was ordered by a doctor to self isolate until my covid test returned. Can my employer force me to work anyway
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

FYI: Your doctor might be able to "order you to self-isolate" but they cannot order your employer to do anything. Even if your employer is as stupid as they look, you must either do what they say or take the consequence. Your doctor cannot help you; neither can Florida law.

1 Answer | Asked in Employment Law for Florida on
Q: I was told by my employer that if I forgot to clock in I would not be paid for the time I was off the clock is that lega

I was actually working at the time

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 22, 2021

No. If the employer knew or should have known that you were working, you are entitled to be paid for the time worked. However, you could be subject to discipline, including termination, for failing to adhere to their time clocking policy.

2 Answers | Asked in Employment Law and Immigration Law for Florida on
Q: I have pending asylum application sinc 2018 Submitted I-765 work permit renewal November 2020. Called Still Nothing HELP

I have tried calling and doing an expedite process but I got rejected. My work permit expired January, please any guidance. I don’t even have money to pay someone to help me because I can’t wooork!

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

Did you timely apply to extend your EAD? If you did so the receipt should indicate that your EAD was automatically extended.

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: Is my employer required to pay me for my quarantine?

I'm unvaccinated and was exposed to Covid by a coworker at work. My job is requiring me to quarantine without pay for a minimum of 7 days. Are they allowed to withhold pay from me since I was exposed at work?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2021

By "making you quarantine" your employer is being responsible and doing what the law requires them to do to protect ALL their employees.

Regarding paying you: If you are a salaried employee or have a written employment agreement that speaks to this issue than your employer will...
Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer who offers covid pay deny you being paid covid payment because you aren’t vaccinated?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2021

Yes. Private employers in Florida can do anything they want to their employees, as long as the reason they are doing it (or not doing) does not violate the Florida Civil Rights Act. You have two options: Get vaccinated and get "Covid pay" or refuse and get none.

1 Answer | Asked in Employment Law for Florida on
Q: Can my boss force me to wear a mask at work that says "Not Vaccinated" on it?
Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 12, 2021

No. Information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. Additionally, under Florida law, every employer who provides health insurance benefits "shall maintain the confidentiality of information relating to the medical... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: After a job closes down after it’s spread of Covid and everyone were told not to come but without proof of negative test

And I was never scheduled after

So my question is can a job fire you for not showing up after telling you not to come w/o proof

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2021

Yes. Why? Because Florida is an “at will” state, which means private employers are free to hire, 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 Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... Read more »

View More Answers

3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was recruited by a company and after starting forced to sign a non compete months later. I worked there for 3 years .

They let me go stating I did everything they asked but were changing directions. They offered me a severance no strings attached. Said they wouldn't enforce me non compete as long as I didn't solicit. Their words were they aren't A holes and wouldn't keep me from working. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2021

No, it's not discrimination, it's failure to abide by their word. If they want the severance payment(s) back they will have to sue you for the money. At that point, should it come to that, you can tell the judge your side of the story.

View More Answers

2 Answers | Asked in Employment Law for Florida on
Q: Does a manager have the right to shame employee for not getting the Covid-19 vaccine?

I live in Florida and where I work it is recommended but not mandatory to have the Covid-19 vaccine. However, every chance my manager gets she bashes me publicly in front of my coworkers and customers. Saying things such as “ you’re going to be the reason another catastrophe happens”. If the... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 3, 2021

Good question. While a private employer is permitted to require employees to be vaccinated, information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. According to the EEOC, the ADA requires an employer to maintain the... Read more »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Can I get fired for not getting the Covid vaccine?
Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Jul 25, 2021

Under Florida law, private employers generally may require employees to be vaccinated as long as accommodations are made for disability or religious objections, as recently described by EEOC. Under federal law, there have been recent challenges under 21 U.S.C. § 360bbb-3, which addresses the... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can my criminal background stop me from getting a job at Dollar General as a cashier

I'm a 34 year-old African American, living in Pensacola FL. I recently applied for a job as a cashier at Dollar General. They were in desperate need of employees, even holding open interviews. I hit if off with the manager right away, and the interview was a complete success. She... Read more »

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Unfortunately, they are allowed to choose not to hire you based on your background. I wish you the best of luck. Keep trying, you're doing the right thing.

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: is my employer required to pay me overtime wages if I should have had 50 hours on my check?

I was required to work 10 hours on the Monday following July forth. My days off are Sunday and Monday since I reglarly work Tuesday through Saturday.. The employer gave me Sunday and Tuesday off and Tuesday was holiday pay of 8 hours. This gives me a total of 50 hours which would mean 10 hours of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2021

You cannot count the eight hour holiday as working hours--because you did not work. So the 2 hours OT is correct.

2 Answers | Asked in Employment Law for Florida on
Q: When applying for a job in Florida can i be retaliated against for refusing to answer questions about past salaries?

To my knowledge, Florida is not a state with legislation that enforces a salary history ban, so a potential employer has the right to ask about past salaries in the.

I also understand I have to right not to answer these questions but I am unaware as to weather there are protection in place... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2021

Normally I do not answer "what if" questions on the Internet asked by people I know nothing about; why? Because there are way too many unknowns, and because lawyers are not soothsayers.

However, this question intrigued me; and it makes me want to ask you why you are asking for...
Read more »

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for an employer to pay a lesser wage for PTO/holiday pay than the established hourly rate of pay?

our employer raised our hourly rate to $12/hr but left our PTO/holiday pay at 9.50/hr

Rhiannon Herbert
Rhiannon Herbert answered on Jul 13, 2021

Your employer is not required by law to offer any pay for vacation time, holiday time, or any other time during which you are not performing work. Thus, if your employer does offer paid time off, it can use the policy it establishes to do so, and the above pay policy you've described is permissible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.