Get free answers to your Employment Law legal questions from lawyers in your area.
answered on Mar 9, 2021
You need to consult an attorney handling employment matters. Our firm (Tel. 954-919-5669) handles such matters, as do many other South Fla. firms. If you'd like to conduct a search for such firms, you could try the Justia "Find a Lawyer" tab, and you also have the option of... View More
I work at a pet boarding facility, and in the state of Florida, owners are required to have their dogs up to date on their rabies vaccine. My boss told me to accept a dog that is out of date on his rabies vaccine..
answered on Feb 27, 2021
I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours.
Got hired on into a 3 assistant position. After Covid, was down to myself and 1 other assistant. This assistant would call out/quit/not show up 2-3 times out of the week on a weekly basis. This would leave me alone to hold up the entire Office and all the patients by myself. First asked owner of... View More
answered on Feb 23, 2021
No, it's apparently not discrimination on the basis of race, sex, or other suspect classification. Other than that kind of discrimination, an employer can employ, or not employ, whoever the employer wants. And no, they don't have to pay you for, in effect, working multiple jobs at once.
a restaurant. we live at a river house and is flooded overnight, as in there is no road just river. our house is on stilts but even so, water covers our entire yard even some of our steps & the water is up to my chest where the rd is. that being said she let both her bosses know thursday ( she... View More
answered on Feb 22, 2021
No, not in Florida, the land of uncaring employers and landlords. Why?
Because Florida is an “at will” state, which means that 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.”... View More
They say that this is a "standard practice in our industry". However other companies do not require phone calls be answered after hours. I have not signed a policy that says this is required for my location or company.
answered on Feb 17, 2021
Yes, your employer can require you to answer phone calls after office hours, regardless of whether you have signed something agreeing to do so. However, whether you are entitled to be paid for this time is a different question. If you are not being paid for this time, you should contact an... View More
Where I work i am forced to put down 30minute lunch on my time card everyday even though I don't get a lunch break. At times we'll even stop at a gas station with a restaurant in it and I am not allowed to purchase any food due to time constraint. Also I fell into a sewer grate on a... View More
answered on Feb 10, 2021
If your employer is requiring you to report a 30-minute lunch break, and is aware that you are not actually taking that lunch break, then your employer is violating the Fair Labor Standards Act and state wage and hour laws. You should contact an employment attorney in your area to discuss your... View More
I am a Clinical Research Coordinator in Pensacola Florida. Due to the fact that there is very little research positions available in the area surrounding Pensacola Florida, I want to see if the covenant of non competition that I signed with a previous employer 1 year ago can be challenged
answered on Feb 8, 2021
Generally such agreements are enforceable. But you are asking for legal advice re a contract and document and as such you should review with an attorneys and get paid legal advice. Challenging it will require review and perhaps research and legal time and then specific legal advice. I suggest... View More
1.This last ride/time period would be approx. 30 minutes per day from last stop to office.
2.The entire work day including the last ride would be no more than 9 hours.
3. The employee would punch out and leave and would not be required to unload the truck or perform any other work... View More
answered on Feb 4, 2021
Yes, assuming that the company transports the employee (as opposed to public transportation such as a bus). The employee should be paid from when he punches in to when he punches out.
Orlando, FL - I have NOT signed a non-compete/non-solicitation agreement with my employer that I have been employed by for the last 7 years. I put in my 2 weeks notice and they are now saying I MUST sign a non-compete before I can get my last paycheck (which I am not going to do). Legally, how long... View More
answered on Jan 26, 2021
First, under wage law (Federal wage law since I am in CA and you are in FL), the employer cannot withhold your check under the circumstances you describe. Consult a local wage/hour attorney about that and whether, as in CA, there is a penalty provision or a labor commissioner you can file with.... View More
I work for the public schools. I had a parent make a false accusation of abuse against me. DCF and the sheriff's office both investigated and concluded that the allegation was unfounded and unsubstantiated, and I was of course, innocent. The parent is relentless, however, and has went as far... View More
answered on Jan 22, 2021
FYI, the school board has the first responsibility to investigate the incident because it occurred at the school where you work and where the child goes to school.
Advice: It sounds like you are are winning; so slow down and try to be happy about the favorable outcome in both the DCF... View More
Unable to perform work i’m hoping to get better and go back to work can I file for unemployment and say my sickness in the future does not get better will that disqualify me Once I’m no longer receiving unemployment to apply for disability
answered on Jan 17, 2021
By "unemployment", do you mean Unemployment Compensation (now known in Fla. as Reemployment Assistance)? That type of assistance is available only upon being terminated from employment (if not terminated due to misconduct) and is paid by the employer who terminated you. It is not... View More
Every article I pull up only talks about California I want to know I don't care about damn California what about the 90% that live in the rest of the United States come on people
answered on Jan 17, 2021
It' probably not a significant question in Florida (or the rest of the country either, probably) because many cell phone plans include unlimited talk and data. So what do you want your employer to reimburse you for; your entire cell phone bill, including the cost of apps for which you had to... View More
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.
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... View More
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.
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... View More
answered on Dec 28, 2020
Probably, yes. Involuntary servitude has been illegal (and unconstitutional) for more than 150 years.
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... View More
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.,... View More
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... View More
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... View More
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.... View More
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... View More
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... View More
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... View More
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