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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Is it required for an employer to notify an employee beforehand of wage garnishments in the state of Florida ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2021

Yes. But even if they don't, that will not stop the garnishment. You need to challenge it in a court.

1 Answer | Asked in Employment Law for Florida on
Q: Is it required for an employer to notify an employee beforehand of wage garnishments in the state of Florida ?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

Before what? Normally garnishment proceedings are instituted when a writ of garnishment is served on the employer; the employer would not know before that.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Minor Deviation in company name "Inc." versus "Incorporated" real-world cases

In Florida, are there any real-world cases (not only in theory) that a contract was considered non-binding because of a minor deviation in a company name? For example, the articles of incorporation says ABC, Inc. but some of the contracts say ABC Incorporated. Was there ever a time when there was a... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 11, 2021

The issue is whether, at the outset, there was a meeting of the minds on who the parties are and the material terms of agreement. If you have that, minor technicalities such as you mention likely would be deemed to be irrelevant.

1 Answer | Asked in Employment Law for Florida on
Q: Can you terminate a contract (as an employee) before the effective date without legal consequences?

The contract specifies that the employment agreement (the “Agreement”) is effective on March 1, 2021 (the “Effective Date”).” There are no clauses specifying termination before the effective date. There is a clause for termination stating that there is a 90-day notice required and only... Read more »

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

Probably, yes. Involuntary servitude has been illegal (and unconstitutional) for more than 150 years.

2 Answers | Asked in Employment Law for Florida on
Q: Job misleading for a position

I went for an interview for a position and I was asked to take a drug test, and background check and I they called me back and offered a position in a casino, and I took it, and they emailed me saying congratulations and said the results came back, and I’m cleared and good to start work I need to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2020

Yes, all non-public employers in Florida can change their mind about who to employ. Why?

Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e.,...
Read more »

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2 Answers | Asked in Employment Law for Florida on
Q: Being terminated after surgery

I am 55 years old. I have worked at a new job for 5 months. I needed eye surgery and the doctor has put me on bedrest to position my eye. My direct supervisor contacted me today and advised HR would be terminating me if I didn’t return to work; no date was provided they said they would be... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 21, 2020

Yes, you can be terminated for not working because a doctor's note or excuse does not have the force of law.

However, you may be entitled to file for unemployment benefits because--under these circumstances-the reason they terminated you will not be considered. as "misconduct on...
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1 Answer | Asked in Employment Law for Florida on
Q: Can I be demoted while on approved FMLA in Florida? Can this be considered retaliation? What is an equivalent position?

I've been with my company 4+ years & supervisor for 2. I returned from approved 12 weeks FMLA 11/2020 after having my baby. My pregnancy was high risk & worked up until the day I went into labor. I never had any bad performance reviews or behavior while/before becoming a supervisor.... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 16, 2020

Under the FMLA, an “equivalent position” is defined as, “one that is virtually identical to the employee’s former position, not only with respect to pay and benefits, but also working conditions, including privileges, perquisites and status." So it sounds like the working conditions... Read more »

4 Answers | Asked in Employment Law and Intellectual Property for Florida on
Q: Will the employer own my unfinished product?

I am looking at accepting employment for software development at a company that has a intellectual property clause. stating "Any invention, discovery, development, concept, idea, process or work related to our Company’s business no matter what form it takes, whether or not it can be patented... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 14, 2020

Typically if you get paid to do work for somebody else they own the product and all intellectual property attached to it.

If you started the project under them and you were getting paid, most likely they are the owners.

Talk to them and consult with an attorney to understand your...
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1 Answer | Asked in Employment Law for Florida on
Q: If I'm rehired by a job that paid me severance, after working somewhere else for a brief time, do I need to pay it back?

I'm aware if I am let go then rehired immediately I need to pay back the severance, but if I have a job with an outside company first, collect the severance as a lump sum, then have an opportunity to return to the first company within a time frame that would have been within the severance... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 9, 2020

The answer to this question is going to be governed by the terms of your severance agreement with the company. If there is a provision in the agreement that states you will need to repay your severance if you become re-employed with the company within a certain timeframe, and your re-hire date... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I work at a Hotel in Florida we have cameras in fixed locations and signs that say they are there.

We have recently switched to a corporate company and they hired a new security chief who has his own personal cameras that he moves around the workplace.My question is if an employee is caught stealing or breaking rules is it legal for the company to do this and terminate employee or is it a sort... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 7, 2020

As long as the employees are made aware that there are cameras watching there is nothing illegal about it.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Can I ask a prospective employer for severance pay package if the company were to close?
Charles M.  Baron
Charles M. Baron answered on Dec 6, 2020

You mean asking an employer that you're thinking of working for in the future whether, in the event they ever go out of business, they'll give you a severance pay package? Same as proposing anything else for your compensation and benefits; you can propose anything you feel like. Beware... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: is it legal for a job to have you come in under the impression of being hired and then tell u it was a trial?

I went to an interview on Monday and was asked if I could start the next day. I came in on Tuesday and worked 9 1/2 hours at the end of the day I was told that it was a trial and that I would be called back if they decided to continue on with the employment. I was not paid for the time that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2020

It is not illegal for an employer to trick you into coming in to work without telling you your first day would be a "trial period." However, it IS illegal for them not to pay you for the time you actually worked.

If you are not paid for the hours you worked you should report this...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: I was recently terminated and I am sure it was due to discrimination but was covered up by a probationary termination..
Charles M.  Baron
Charles M. Baron answered on Dec 2, 2020

You did not ask a question, but I assume your question is, "Can I make a claim?". Probationary termination cases are tough, since the employer needs no reason whatsoever to terminate, but at the same time, the your race, sex, age, national origin, etc. cannot legally be the reason for... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Does disclosing a mental illness related disability to my employer offer any protection to your position?
Kevin Sanderson
Kevin Sanderson answered on Dec 1, 2020

In a sense, yes. This is always a tough decision. If you ever need to bring a claim against your employer based on your disability but did not disclose to them you had the disability, your claim may be jeopardized.

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I work for a private doctor's office. The Dr. is requiring the staff to get tested for covid weekly on our own time.

Now they are requiring covid test results twice a week and we are not being compensated for the time we are taking to drive to test site, wait in line, take the covid test and wait for results. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to give definitive answers to the scores of questions being posted by askers about the... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If I quit my job of 10 years, in mortgages for a bank, am I entitled to the PTO time I have earned. It’s. A lot.

I have close to 7-8 weeks vacation - I have had several requests denied and have been “leaned on” that I can’t first two weeks of month or last week of month so that leaves ....not much.

I’ve had no raise in 4 years. And have been lied as to why. It’s just because they can.I’m... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 16, 2020

There are several "related" issues here, the most important of which appears to be your PTO; so let me answer that question and then leave you with two other responses I see might be applicable here.

1. PTO: Being allowed to take PTO when you want it and being entitled to...
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1 Answer | Asked in Employment Law for Florida on
Q: What are the rights of a 1099 independent contractor? Salon owner treating IC’s as employees

I work for a commission-based salon as a hairstylist. The owner has classified us all as 1099 independent contractors, so we have to pay our own taxes. However she exerts a ton of control over us. She joined a coaching program and has made us charge hourly, doesn’t allow us to accept tips, makes... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 10, 2020

Most likely. Whether an individual is properly classified as an employee or independent contractor is based on numerous factors, but the most important factor is the alleged employer's ability to control the manner in which you perform your work. Since the owner controls both how much you can... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I'm confused and about to lose my place because my job is not scheduling me to work. Need help or advice.

I was working a security job at one site and was not contacted over the weekend that I was to be moved to a different site. I started working the new site that following Monday was not put on the schedule. I worked Monday through Friday before and only worked 3 days last week. I was told I wild be... Read more »

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

Unless you have an employment contract you have no options. Why?

Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I'm an irrigation contractor that is being discriminated from being able to work in a neighborhood.

I have customers that are requesting my services in a community and they are being told they can use anyone but me to work on their property because a member of the HOA does not like me. This has cost me a loss of steady income and future as well. Do I have a case?

Kevin Sanderson
Kevin Sanderson answered on Nov 8, 2020

If the reason is race-based or other class-based discrimination, you should follow up

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