The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... View More

No, not necessarily; why?

Because most if not all employers do not go to the expense of doing background checks until AFTER the applicant has been "hired." It is too expensive and takes too long to run background checks on every applicant

Assuming that you never got the job you applied for. the answer is no, you have no case. Why?

Because Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no... View More

Ahhhhhh...no.

If that is how the payroll systems work can you imagine the money a bankrupt business would have to continue paying its former employees--for not working?

Depends on whether your actions could be viewed as stealing your former employer's clients, which could give rise to a suit for tortious interference with contractual business relationships or advantageous business relationships. The absence of a non-compete clause may be irrelevant in that... View More

If either Luxury Chocolates or BizDev Co. does business with any of Luxury Candles' customers, you will presumed to have violated the NDA. If they take you to court, I suspect that it would be next to impossible for you to prove that you did not violate the agreement.

First, do you recall having confidentiality agreement with the manager before you agree to a drug test? If you do, telling others breached the contract.

Secondly, is it true that you were fired for the reason? If it is not, you have a case against the employer for defamation.

You... View More

Is what your employer did legal? Yes. Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”

The only... View More

You are exempt employees, which means you are not eligible for overtime pay. Accordingly, any comp time offered for hours worked in excess of 40 per week falls at the sole discretion of the employer.

For small employers, benefit plans tend to be offered on a voluntary basis: there is generally no legal requirement that small employers provide health or welfare benefits to their employees, unless your employment contract requires it or your employer is providing the same benefit to similarly... View More

Morally, yes they should. Legally, there currently is no requirement to do so. Transit workers unions have been asking Congress to pass a Federal law requiring such hazard pay - see: https://www.atu.org/media/releases/the-atu-and-twu-to-congress-hero-transit-workers-deserve-hazard-pay... View More

No, your employer is not "in the wrong." Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”... View More

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answered on Nov 16, 2021

As a 1099 contractor, you are not an employee but a self-employed independent contractor.

If you have an actual employment contract (rare), the contract will dictate the terms of the relationship, for how long and how much. it should also provide for rights to modify its terms.

If... View More

Your manager can fire you for any reason because Florida is employment at will state, meaning both you and your boss can terminate the employment for any reason, unless your employment stipulates otherwise.

To clarify the previous responses, the Florida legislature has passed a bill that will prohibit a private employer from imposing a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out on the basis... View More

The basic rule of tips, under federal law and state law, is that they belong to the employee, not the employer. Employers may not require employees to hand over their tips unless one of these exceptions applies:

1) State law allows the employer to take a tip credit. Some states allow the... View More

Yes. Many employees drive their own cars to work and are not paid for their driving time. If you don't like it, get another job.

Your employer can do whatever they want. Why?

Because Florida is an “at will” state, which means private employers are free to require drug testing before or after they they hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at... View More

I'm not sure your question belongs in the workers' compensation section as I don't see anything about you being injured on the job. However, if you were injured, you should look into a free consultation with an attorney licensed to practice law in Florida and who regularly handles... View More

A: Generally speaking, private companies and employers can fire an employee for what they post on social media. However, in general, employers cannot fire you for posting:

1) Truthful statements about working conditions, like harassment or unsafe working conditions.

2) Comments that... View More