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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I was wondering how to get a lawyer based on unauthorized background check without my consent and also harassment at job
Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Employment Law for Florida on
Q: Hi 25 years working. U get demoted. Can they cut ur pay?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2021

Yes.

1 Answer | Asked in Agricultural Law and Employment Law for Florida on
Q: I think my boss wants me to break a law for his business, can I be held accountable?

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 My boss told me to accept a dog that is out of date on his rabies vaccine..

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Should i get paid for working myself and another assistants job?

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

3 Answers | Asked in Civil Rights and Employment Law for Florida on
Q: okay so i know in FL terms of employment are “at will”. Is that for ANY situation? My gf works for the omni hotel in ...

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

Bruce Alexander Minnick
Bruce Alexander Minnick
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.”...
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1 Answer | Asked in Employment Law for Florida on
Q: My current employer is requiring me to answer phone calls after office hours. Am I obligated to do this?

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.

Carrie Dyer
Carrie Dyer
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

1 Answer | Asked in Employment Law for Florida on
Q: Forced lunch and intimidated against medical help for work related injury.

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

Carrie Dyer
Carrie Dyer
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

3 Answers | Asked in Employment Law for Florida on
Q: I am looking for advice regarding a covenant of non competition in the state of Florida that I signed

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

Mitchell Feldman
PREMIUM
Mitchell Feldman
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

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1 Answer | Asked in Employment Law for Florida on
Q: Is a Florida company engaged in lawn service required to pay an employee (non driver) for the ride from last stop

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

2 Answers | Asked in Employment Law for Florida on
Q: I started my own business, how long do I legally have to wait to contact my clients from my previous employer?

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

Maurice Mandel II
Maurice Mandel II
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

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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Florida on
Q: Can my employer stop DCF from releasing my closed case paperwork to me?

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

Bruce Alexander Minnick
Bruce Alexander Minnick
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...
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1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Hi I was just wondering I have a pituitary tumor which stops me from working right now because my body has been Week and

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

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Employment Law for Florida on
Q: Can my employer require me to use my cell phone & apps 100% of time? I am not being reimbursed. Florida, not California

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

Terrence H Thorgaard
Terrence H Thorgaard
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

2 Answers | 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.

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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... View 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... View 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... View 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.,...
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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... View 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.... View 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... View 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... View 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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