Get free answers to your Employment Law legal questions from lawyers in your area.
I would do like some expert to review the NDA document and advise if its safe to sign, Thank you
answered on Sep 30, 2020
I would absolutely have that reviewed before you sign it. I recommend reaching out to an employment lawyer in your state to determine the rate for the agreement review.
Required to defer salary since June 1. Founder of company sent a letter August 1 promising to pay all deferred salary by August 31. When I requested the money I was furloughed.
answered on Sep 14, 2020
Maybe. But the founder may well be judgment-proof. Or, if the "startup" is a corporation or LLC, you may have a problem with the limited liability that pertains to such entities.
I started working at a restaurant. It’s a family owned business. Cash tips belong to the server. However when you serve a table and they pay with credit card then leave a tip on the receipts, the owner keeps the money instead of the server. Customers do not know so they believe they are tipping... View More 
answered on Sep 7, 2020
There is nothing illegal about this. If fact there is no law requiring the owner to allow you and other servers to keep cash tips. Be careful complaining because the owner can terminate you in a New York minute; for no reason.
I currently operate heavy machinery for my job. What options would I have if my employer found out I was on a prescribed med with a waring that you should not operate heavy machinery when taking, yet my dr has provided documentation I can preform all my essential job functions and not put myself or... View More
answered on Sep 7, 2020
If I was your employer, I would not believe the documentation from your doctor. Your options would be to either get a new job or not get one.
Investigation against me. I was unaware of any investigation. Is my former employer required to tell me of an investigation and allegations against me?
answered on Sep 1, 2020
No, employers are under no obligation to inform employees that they are "being investigated."
However, your former employer should not have told the new employer about the investigation either.
I am owed $5000 from my old employer. I went to the Labor Board and since I didn't work over 40 hours I only can get 7.25 minimum wage which means my old employer would only owe about $1500. He was supposed to pay by August 7th, but still hasn't. I am unhappy with the amount I am getting... View More
answered on Aug 28, 2020
Yes. If by "Labor Board" you mean the U.S. Department of Labor, they only have jurisdiction to enforce the federal overtime and minimum wage laws. The state minimum wage in Florida is $8.56 per hour. You could pursue a civil action for the higher state minimum wage amount plus potential... View More
answered on Aug 28, 2020
Yes, your boss may ASK your co-worker. You claim that you have some sort of medical exemption (suggesting to me that you in fact were not wearing a mask); does your boss recognize that exemption? And, unless your co-worker is providing you health care, this has nothing to do with HIPAA.
I work in a freezer warehouse. With below 0 temperature for a minimum of 9 hours a day. My employer tells me that I have to supply my own boots, suit and gloves.
answered on Aug 26, 2020
No, there is no Florida law requiring employers to supply any personal stuff to their employees.
Suggestion: Rather than expecting your employer to buy your boots, gloves and some sort of jacket, why not say a prayer and be thankful that you have a good job, especially when there are... View More
My employer believes the AT WILL term in my contract gives them the right to change my weekly salary AT WILL. My salary is described in the contract as fixed. Here is the AT WILL term they are using: XX HEREBY REPRESENTS AND YOU AGREE AND UNDERSTAND THAT YOUR EMPLOYMENT WITH XX IS AT WILL. THIS... View More
answered on Aug 24, 2020
Yes. The "contract" is a clever way of saying that you have no contractual employment rights. Your employer can fire you "at will", can change your salary "at will", or can alter any other term of the "contract" at will.
I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options
I work for a lawnscaping company in Gainesville, FL. I have been there for 5 months and I see that the lawnscaping company isn't p
August 13th, 2020 I was using a weed-eater at a... View More
answered on Aug 19, 2020
Your exclusive remedy is workers compensation. File a claim with your employer's workers compensation carrier.
however, I am being subjected to constant cyber attacks via my personal computer and my phone by my former employer. I am looking for an attorney to assist me with an injunction or a protection order...something to make them stop the attacks. Is this possible?
answered on Aug 17, 2020
If you are currently prosecuting an EEOC charge and have an employment lawyer assisting you then get off the Internet and call your lawyer. You CANNOT do what you think you want to do; and no Florida lawyer will help you anyway. You MUST report all of this to your employment lawyer.
I work in a correctional facility with the state of florida and was informed that a camera was placed in the employee bathroom of my officer station, no stalls just one bathroom with one toilet and a sink, to record other co-workers, but I use the same bathroom and am not sure if I was recorded or... View More
answered on Aug 17, 2020
Unless the camera was placed in an inappropriate place--like inside a stall in a women's public bathroom, you have no viable claim--especially since you said you do not know whether or not you were captured on the camera. Moreover, your alleged "stressing" over the possibility of... View More
So it' not illegal to make employees pay out of pocket for walk outs, mistakes, & a % of merchant credit card costs to the restaurant? From what ive read in the labor laws, these are all illegal actions on their part, regardless if Fla. is a "no fault" state & can terminate... View More
answered on Aug 15, 2020
Nothing has changed in the restaurant business over the past 30 years. Surely you must know that some restaurants are much better to work at than others. And some restaurant owners or managers are better to work for than others. If you are being treated badly by the restaurant that just terminated... View More
N/A
answered on Aug 14, 2020
Your post seems to come from Florida, we have different laws in CA, but you are covered under the ADA, everywhere. It is very difficult to respond to your inquiry because you do not say whether you can perform all the essential functions of the job with or without a reasonable accommodation, and... View More
The state claim was declined because my erstwhile employer was a church non-profit; that was expected. The stimulus doesn't make that distinction, however.
I left, BTW, due to distancing and wearing of masks not being practiced and after her payroll service (ADP) called me personally... View More
answered on Aug 8, 2020
If you are waiting for Florida DOE to open up their phones you are going to have a very long wait. And even if you get through they will tell you they have nothing to do with the extra $600 weekly employment payments--that just stopped. Consider hiring a lawyer help you get the federal payments you... View More
My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license.
answered on Aug 5, 2020
Rather than be concerned about whether you should have to repay your employer you should be more concerned about being terminated if you refuse. Florida employers can terminate employees at any time for any reason.
answered on Aug 5, 2020
Unless you have an employment contract stating otherwise, your employer can mandate 6-day workweeks for its employees.
Do I have a right to refuse?
answered on Aug 3, 2020
If its work-related, no, this is illegal. Call an attorney to discuss your options to recover unpaid wages. This is a violation of the FLSA.
During that time I had a auto accident and was hospitalized with injuries and surgeries, work comp is now involved and I don’t know my legal rights because being laid off prior.
answered on Jul 30, 2020
A Florida attorney could advise best, but your question remains open for two weeks. A good starting point would be to try to arrange free initial consults with a personal injury attorney - and if the accident occurred in the course of employment, a workers' comp attorney. Move quickly, so... View More
She is a family friend of the owner. I sent an email to HR and asked if this was a fireable offense. I don't want to return to work unless she resigns. She has family that works there and they said I could try to get her to resign but that wouldn't work be cause the owner loves her like... View More
answered on Jul 28, 2020
If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
