Florida Employment Law Questions & Answers
Q: Can I sue my employer for treating me different from everyone else?
2 Answers
| Asked
in
Employment Discrimination and Employment Law
for
Florida
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Terrence H Thorgaard's answer
No, your employer is not required to treat you like everyone else, unless he is treating you differently on the basis of race, religion, ethnicity, sex, or other such classification.
No, your employer is not required to treat you like everyone else, unless he is treating you differently on the basis of race, religion, ethnicity, sex, or other such classification.
Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Health Care Law
for
Florida
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...
Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...
Q: I have a question about how a restaurant is treating me
Bruce Alexander Minnick's answer
The facts as stated are not clear enough to understand with you are concerned about. If you are upset at having to REPORT (as opposed to claim) 30% of gross receipts for all the "to go food" as your tips, unless you are not actually receiving that amount (or more) of money in tips you should have no beefs. If you are not receiving any money in tips but are required to report you are, then you may have a remedy. Please explain again.
The facts as stated are not clear enough to understand with you are concerned about. If you are upset at having to REPORT (as opposed to claim) 30% of gross receipts for all the "to go food" as your tips, unless you are not actually receiving that amount (or more) of money in tips you should have no beefs. If you are not receiving any money in tips but are required to report you are, then you may have a remedy. Please explain again.
Q: pre- Trial conference is on 04/30/2019. When’s the deadline to submit the pre-Trial stipulations?
1 Answer
| Asked
in
Contracts, Employment Law and Civil Rights
for
Florida
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
Look for the deadline date(s) in the pre-trial order given to all litigants earlier in the litigation.
Look for the deadline date(s) in the pre-trial order given to all litigants earlier in the litigation.
Q: CAN AN EMPLOYER SIGN ME UP FOR ADD COVERAGE THEN CHARGE ME TAXES? I NEVER SIGNED UP.
Bruce Alexander Minnick's answer
This question does not make sense as written. Suggest you ask someone you trust to help you re-ask the question.
This question does not make sense as written. Suggest you ask someone you trust to help you re-ask the question.
Q: Employer failed to update my I9 with HR and didn’t let me work but I have copy of updated info. It was their mistake
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Immigration Law
for
Florida
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
Bruce Alexander Minnick's answer
Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or...
Legal answer: Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or...
Q: Is it a conflict of interest for one person to be HR, Controller and the GM?
Bruce Alexander Minnick's answer
If the person owns the organization, the answer is no. If the organization is owned by someone else, they get to decide who is responsible for HR, and who is controller and who is the general manager.
If the person owns the organization, the answer is no. If the organization is owned by someone else, they get to decide who is responsible for HR, and who is controller and who is the general manager.
Q: If Employer owes back wages in Florida,is aware, but sold the practice &has now moved out of state, is he still liable?
Bruce Alexander Minnick's answer
Consider contacting the federal Department of labor, Wage & Hour Division and filing a complaint. They have nationwide jurisdiction over these and other issues. You can hire a Florida lawyer to help you too.
Consider contacting the federal Department of labor, Wage & Hour Division and filing a complaint. They have nationwide jurisdiction over these and other issues. You can hire a Florida lawyer to help you too.
Q: Is the place I work for responsible for not telling me to wear mask near machines that expel solder fumes and flux?
Mitchell Feldman's answer
Any employer owes a duty to act reasonable and protect the safety of its employees
Any employer owes a duty to act reasonable and protect the safety of its employees
Q: Can a 16 year old restock a bar in Florida
Terrence H Thorgaard's answer
Generally not.
Florida Statute 562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.—
"(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age. …"
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0562/Sections/0562.13.html
Generally not.
Florida Statute 562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.—
"(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age. …"
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0562/Sections/0562.13.html
Q: I have been told that I cannot work because I do not speak Spanish. Is this discrimination?
2 Answers
| Asked
in
Civil Rights, Employment Discrimination and Employment Law
for
Florida
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
Charles M. Baron's answer
You raise two separate issues - (A) denial of position due to inability to speak Spanish, and (B) denial of position due to a disability.
Regarding a requirement to have Spanish-speaking ability, that would be illegal national origin discrimination (triggering a potential claim) UNLESS it is necessary for the effective performance of the position. For example, a company that has many customers who only speak Spanish CAN legally require the employees who interact with these customers...
You raise two separate issues - (A) denial of position due to inability to speak Spanish, and (B) denial of position due to a disability.
Regarding a requirement to have Spanish-speaking ability, that would be illegal national origin discrimination (triggering a potential claim) UNLESS it is necessary for the effective performance of the position. For example, a company that has many customers who only speak Spanish CAN legally require the employees who interact with these customers...
Q: Is the a daycare legally allowed to fire you for false accusations?
Terrence H Thorgaard's answer
The general rule is that employment is at will: they don't need any reason to fire you.
The general rule is that employment is at will: they don't need any reason to fire you.
Q: Worked for a Florida company as a "freelancer" for years, got suddenly "fired", what can I do?
Terrence H Thorgaard's answer
It appears that as a "freelancer", you are an independent contractor. Assuming you don't have a written contract giving you some rights in this situation, there appears that there is nothing you can do. Since you worked from abroad, the U.S. laws (Florida in particular) giving you rights as an employee (as opposed to an independent contractor) don't apply; but you might check to see if any laws in your own country might apply.
It appears that as a "freelancer", you are an independent contractor. Assuming you don't have a written contract giving you some rights in this situation, there appears that there is nothing you can do. Since you worked from abroad, the U.S. laws (Florida in particular) giving you rights as an employee (as opposed to an independent contractor) don't apply; but you might check to see if any laws in your own country might apply.
Q: Where can I find online number of age discrimination cases filed, settled, and with trial completed by state please.
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Florida
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Kevin Sanderson's answer
When you find it let me know. Settlement data especially is very hard to come by as settlements are most often confidential. Plaintiffs and their counsel dont have as much statistical information as exists in some other areas of civil trial law.
When you find it let me know. Settlement data especially is very hard to come by as settlements are most often confidential. Plaintiffs and their counsel dont have as much statistical information as exists in some other areas of civil trial law.
Q: if a case where my job called authorities was dismissed what can i do
Mitchell Feldman's answer
This may be a case of malicious prosecution which is a tort. Seek advice if attorney
This may be a case of malicious prosecution which is a tort. Seek advice if attorney
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.
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