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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: My employer fired me today for comment on a post on social media during off time.

The comment was about genders and someone did not like my answer so the person went through my profile, found my employer and reported me for transphobia. Can I do anything?

Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

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...
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3 Answers | Asked in Employment Law for Florida on
Q: Can my boss fire me for working from home without a sitter for my children?

I work from home and I dont have my kids in daycare because I am home with them. My boss found out and got upset

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2021

Sure; with some exceptions (that don't apply), your boss doesn't need a reason to fire you.

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2 Answers | Asked in Contracts and Employment Law for Florida on
Q: I have taken a job and signed the contingent offer. I met all of the requirements but the company rescinded the offer.

I was told by email from the CEO that I was on payroll as of August 24th 2021. Not only have I declined all other offers at that point, I work in an industry where it is not easy to find a new position quickly. They have since rescinded the offer and are telling me to return the relocation money... View More

Linda Liang
Linda Liang
answered on Oct 10, 2021

Do you have a question?

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Got hired, took a drug test and heard nothing back. Worked for 3wks & got fired for failing dt. Anything to be done?

I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2021

So you are saying that you got fired for apparently smoking marijuana shortly before reporting to work. What you could do is apply for another job and, if hired, not report to work stoned.

I don't understand what the three week delay has to do with anything; it apparently took that...
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1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: If an employer forces you to take the EUA Pfizer and does not have the FDA pfizer, are they held accountable? Is pfizer

Held accountable for any vaccine injuries?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

Were you injured in any way allegedly due to the vaccine? It appears not, so I think that this question is a little premature to be asking until and unless something does happens. The only thing that I can say is that you should document everything in the meantime. Don't go looking for... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can I get terminated from my employer for violation of policy without any knowledge of what policy I violated

I worked at my employer for 8 years I came to work one day I was feeling completely fine I was told to put up start in a walk-in cooler I sneeze a few times I told my supervisor I was not feeling good she call me into the hr office they gave me a rapid covid test which was negative they put me on... View More

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

Check with the union to see if your employer has violated the union contract.

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: I want to know if I can do something since I came with a life plan for me and my daughter

A cleaning company brought me with a tourist visa to work for 700 dollars a week over time, I accepted and came to South Carolina, they paid me 11.50 an hour and they charged me rent and transportation, they offered to return the investment. of the tickets and they did not, they fired me from work... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 4, 2021

I'm not exactly sure what you are asking. You want to file a complaint for what and to whom? Do you mean you want to sue the cleaning company for not paying you something? Did you have a contract with this cleaning company? Did they pay you anything? A lot more information is needed to provide... View More

3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 2, 2021

You didn't ask a question.

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2 Answers | Asked in Employment Law for Florida on
Q: I have a question about being fired today

I was fired for conflict of interest. This is because my husband went to work for a competitor

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 12, 2021

I agree that you can be fired for almost any reason in Florida (barring some exceptions). It does seem like this was a legitimate reason for termination as, maybe, your employer has some trade secrets that it doesn't want to get into its competitors hands. I'm not saying that you would do... View More

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1 Answer | Asked in Employment Law for Florida on
Q: Can I sue an employer for not hiring me?

They have all of hiring paper work with information such as my ssn etc. I have been in contact with someone since June and she keeps “sugar coating” reasons why I haven’t started

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 27, 2021

Sure, in America anyone can sue anyone else anytime over anything. However, you will not win if you do. 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...
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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:... View 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... View 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... View 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... View 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...
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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
PREMIUM
Jay P. Lechner
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.

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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...
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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.

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