Get free answers to your Employment Law legal questions from lawyers in your area.
answered on Jul 25, 2020
You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.
My wife is a nanny for a couple here in Jacksonville. Earlier this year, my wife had to take off two weeks to care for our daughter who had become sick. Our daughter was suspected of having the coronavirus. The test came back negative, and the couple paid my wife for those two weeks. Two Saturdays... View More 
answered on Jul 22, 2020
Yes, your wife's employer can request that she wait until she receives a negative COVID-19 test to return to work. Your wife should apply for unemployment for the time she has not been working.
There was an shift leader who would repeatedly call me endearing names, attempt to hold my hand, hug me, and put me in random chokeholds. He eventually slapped me on the rear which was seen by cameras and another employee. I reported this to management(The GM and another shift leader. They assured... View More
answered on Jul 22, 2020
You may have a claim. Does the company have more than 15 employees? Discuss your case with counsel here in Florida about contingency fee representation which means you pay nothing unless you win.
We were told that we have to attend after work function if our employee say’s we have too! Example: children graduation. We were not paid for the function that was held on a Saturday. How does work with the labor laws. Can an employer make you work outside your schedule 8:30 to 5:30 and if you... View More
answered on Jul 21, 2020
Your employer can ask you to work outside your normal schedule, but you must be paid for this time. The general rule under the Fair Labor Standards Act is that you must be paid for all hours worked. If your employer requires you to work more than 40 hours per week, then you must be paid overtime at... View More
Also, what is the typical time frame it would take an attorney to compose and send the demand letter to the employer? Thanks...
answered on Jul 20, 2020
Nothing happens--at least by itself. Contact an experienced Florida lawyer who practices in the area of employment law. An initial conference (can be by email or Skype, Zoom or whatever) followed by drafting and sending a coherent letter demanding unpaid wages should not cost you more than $500. No... View More
My ordeal began a year ago- I used to have an attorney but now proceeding pro se. My attorney sent a demand letter to my former employer and reply came from an attorney who was employed by a firm at the time. Fast forward a year-I Googled the firm and the attorney is no longer with them. I Googled... View More
answered on Jul 19, 2020
You serve the defendant. It's up to the defendant to decide which, if any, attorney to retain.
I did not receive pay. Can my company do this to its employees
answered on Jul 18, 2020
If you were out sick due to COVID-19 and coronavirus testing, you could take up to 2 weeks of paid leave if you request it correctly from the company. You should document your medical leave with doctors' notes and request plus you should speak to an employment attorney to make sure you're... View More
myself and few 100 AV techs are still owed payments from VTS Video tech Services for work done and have not been paid yet
upwards of $100,000's
This has no liability if I become sick because of the company I work for neglected the precautionary measures to keep it's employees in a safe work environment. ignoring the city guidelines and the CDC. So I am forced to work for a company that has no regard for my health?
answered on Jul 15, 2020
You have the option of requesting the employer to comply with the law. Of course, that should be in writing, in addition to verbally. If that doesn't work, you have the option of complaining to the authorities, who may take action against the company. You may be fired or otherwise... View More
I do not take a paycheck. I have booth renters and no employees. Am i still eligible for unemployment benefits?
answered on Jul 15, 2020
If you are receiving unemployment compensation from Florida you are required to report all other income received from all sources--which might disqualify you. Moreover, any U/C benefits you may have received while receiving any unreported income may have to be returned--so don't spend it... View More
This is a funeral home corporate owned. 4,700 SQ feet mask were required what can I do to make sure my family is not being put at risk? This company has no regard for the Covid restrictions I have not been back to work because I don't feel the company I work for is taking the Covid serious
answered on Jul 15, 2020
The Covid-19 pandemic has changed the legal landscape all over Florida--and the entire world--in every aspect you can imagine. Unfortunately, the governor of Florida has done very little in the way of requiring people to wear masks in public places; and his inaction has caused many Florida counties... View More
answered on Jul 11, 2020
A Florida attorney could advise best, but your post remains open for a week. If this involved an injury (you included Personal Injury in your categories), it isn't clear from the brief description what type of injury it was. If there was an injury that arose in the course of employment, a... View More
I am under an LLC (one member) and provided earnings for one year. My Notice of Monetary Determination shows reason ineligible because of "No Florida Wages". Under normal circumstances, I obviously would not have applied but because of Covid, I had to close my business and I thought... View More
answered on Jul 1, 2020
No one is entitled to any unemployment benefits unless the company they worked for has paid all the payroll taxes covering your employment. So if your LLC was the employee it is very unlikely that whoever "employed" you paid Florida's payroll taxes for you. If your LLC paid the... View More
From the EEOC
answered on Jun 30, 2020
Not not always. Some of us work off straight contingency fee which means you pay nothing unless you win the case. Discuss your case with counsel here in Florida.
This is an agriculture business, one of my employees was demanding a raise or he was quiting and having another employee fired or else he was quiting, which neither happened. At the same time he had his car repossessed and was blaming it on the fact that the company doesn't pay him enough (he... View More
answered on Jun 17, 2020
Is what illegal? He can quit, of course, or you can fire him under most circumstances. What would his "wrongful termination" claim be; it's not enough for him to complain that he was fired "wrongfully", employment is generally "at will", which means that an... View More
My employer recently mistakenly sent 8,000+ employee names, SSNs, and addresses to a former employee seeking their own information. They were made aware by said employee for months before admitting it and telling those exposed. Since then, they’ve switched payroll and time clock systems. The new... View More
answered on Jun 16, 2020
Yes. Your employer can do whatever they want to do to all their employees who do not have written contracts saying otherwise. Why?
Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire... View More
I started three months ago I was told two weeks vacation a year and seven holidays I just found out today they force you to take a vacation day with every holiday I was never told I would not have signed my contract if I knew that So, if there are seven holidays, you have just lost seven of... View More
answered on Jun 16, 2020
Yes, your new employer can certainly do that--and can do whatever else they decide to do. 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,... View More
answered on Jun 15, 2020
Yes. And they can terminate you if you refuse. 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., “at will.” The only thing ANY employers... View More
my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?
answered on Jun 17, 2020
Your answer depends primarily on the employer's motive or reason for termination. For example, if it is because of the salary level, there is no law prohibiting that in Florida. On the other hand, if it is because of the employee's age, clearly that is illegal. In terms of the failure to... View More
I worked for Landry's for 11 years, after 2 months of unpaid furlough, I was permanent laid off due to the CoVid shutdown. I was not given any severance pay, additionally, I had 3 weeks of paid vacation earned, I am entitled to that? I was one of many managers that were let go, perhaps as... View More
answered on Jun 15, 2020
First advice: Unless you already have, you should apply for unemployment benefits at the Florida Department of Economic Opportunity, here in Tallahassee. You can file electronically online.
Second advice: If you feel you have been discriminated against by actions of your supervisors or... View More
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