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... View More

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... View More

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... View More

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.

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... View More

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... View More

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.

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

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... View More

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.

This is a teaching opportunity:

1. I hope you learned that you were lucky when your boss decided to deduct the $500 instead of just terminating you. 2. And I hope you realize you should have agreed to pay for the expensive material you ruined because now you have no job.

3.... View More

It appears that you are eligible for worker's compensation, as well as your back pay plus penalties. Speak with a worker's compensation attorney.

It never ceases to amaze me how people can ask simple "legal" questions that--as far as I know--have never been asked before; this is one.

So rather than wasting time and money trying to draft and introduce proposed new legislation designed to answer this simple question,... View More

You could certainly try. To have a valid contract, you cannot have an impairment causing you to lack the required capacity to enter into a legally-binding contract. Basically, you must be mentally competent, and being drugged up could possibly cause you to temporarily lose the necessary mental... View More

FYI: Citizens cannot waive Florida's sovereign immunity; only Florida's Legislature or one of Florida's several elected or appointed officers can do that.

If you are trying to bring a cause of action against some Florida agency under the Whistle-Blower Act (Section 112.3187,... View More

Although your health-related situation might afford you some protection in the workplace if all statutory requirements were met first, the facts as presented here do not appear to satisfy applicable law. Why?

1. Because Florida is an “at will” state, which means private employers are... View More

(Please remember this advice and pass it along to all your friends):

1. Florida is an “at will” state, which means PRIVATE employers are free to recruit, hire, transfer, promote, demote, suspend, reinstate, fire--and then rehire--employees for any reason at any time, i.e., “at... View More

Although Florida law allows most employers to use non-compete clauses in their employment agreements, the non-competes must be "reasonable" in scope. ("Scope" includes the kind of work, the distance and the time involved.)

For example, Florida employers cannot impose a... View More

Sure, you can sue your GM-- and every member of his extended family--if you have a bunch of money; but you will lose the lawsuit. Why?

Because Florida is an “at will” employment state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire... View More

It depends on a number of different factors that are covered by Florida law…go on the FDLE website in the FAQ section. If you don’t find it there, consult with a local criminal lawyer (he/she may charge you a consultation fee).