Get free answers to your Employment Law legal questions from lawyers in your area.
Today my former employer received the pop loan and wants me back but at reduced hours do I have to accept even though I will make less than before?
I am in Florida
answered on May 14, 2020
Yes. Unless you go back to work you may lose your unemployment benefits--and will not be able to re-file for another full year. Be thankful you have a job.
I work for an optometrist and lots of disinfectants are being used. I’m seeing a pulmonologist on Tuesday. If I need to continue working from home do I have any rights
answered on May 14, 2020
If your pulmonologist diagnoses you with a respiratory illness that affects the major life activity of breathing, it may qualify as a disability under the ADA. If so, you would be able to request a reasonable accommodation of working from home based on the disability. However, this is hypothetical... View More 
Due to COVID-19 I haven't been back to work for about 2 months, I spoke to employer about my present situation which was out of my hands due to problems thats a temporary laid off caused me, employer was not compassionate at all, he acted very contradictory because he call me to let me know... View More
answered on May 13, 2020
If you have filed for unemployment compensation and are receiving it the DEO might try to cut it off or possibly take back whatever amount received since May 11.
If you have not yet filed for unemployment compensation do not be afraid to do so; many employers are using this pandemic to... View More
Due to COVID-19 I haven't been back to work for about 2 months, I spoke to employer about my present situation which was out of my hands due to problems thats a temporary laid off caused me, employer was not compassionate at all, he acted very contradictory because he call me to let me know... View More
answered on May 13, 2020
Your question does not include enough information to analyze whether your employer has acted unlawfully. If the problem you mention is related to a medical condition, you may be able to seek an accommodation that would allow you to return to work, or to extend your leave from work without losing... View More
I work in a small business and when covid 19 started I had a pay cut with out any warning un till I say my paycheck short by 1200 a month. I was told I’ll get pay back my money after he gets a grant no he told me he didn’t get it and won’t give me the money I was owed in the last 2 mibths... View More
answered on May 12, 2020
Paycheck Protection Program (PPP) Fraud may be actionable under the federal False Claims Act. Examples of potential fraud include: (1) an employer applying for a SBA PPP loan, despite not meeting the financial criteria; (2) the employer misrepresenting its payroll numbers to obtain a PPP loan; (3)... View More
They said they could mail the items to me but I have lamps, plants, a chair and other items that I can not even name. If I would have been told this would be a possibility then I would have removed the items. How are they going to mail them? Do I have any rights to at least have someone there while... View More
answered on May 5, 2020
This is not a legal question. IMO, you should focus on getting your stuff back and stop seeking "legal" advice online.
I manage a salon in Jacksonville, FL. The COVID-19 pandemic forced us to close. The first week our staff would be without paychecks, my boss and I discussed if he would pay us or not to help us out. (I am the one who submits payroll). He said to pay everyone 50% their average weekly pay. 3 days... View More
answered on May 5, 2020
You are focusing on a side issue rather than the main one: You employer is TRYING to save jobs. Stop trying to argue about new PPP laws that no lawyers understand yet. Go buy groceries before America's entire food chain collapses.
*No signs or symptoms, just requiring everyone to do so
answered on May 1, 2020
The EEOC has opined that employers may require COVID-19 testing for employees if conducted in a non-discriminatory manner. The DOL has opined that time spent by current employees traveling to and from required (non-voluntary) medical tests, waiting for and undergoing these tests is... View More
I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.
answered on Apr 30, 2020
Receiving unemployment will not affect your eligibility for green card.
I'm an independent contractor not eligible for state unemployment benefits. I am eligible for federal benefits. I initially filed on or around March 26, 2020. I was immediately denied for benefits because I had no wages. Shortly, I received an email stating that I need to update my... View More
answered on Apr 29, 2020
You should wait until you receive something from the DEO Unemployment Claims Division; filing multiple claims does nothing to change your status or eligibility for benefits. Lesson learned: All "independent contractors" do themselves great harm in exchange for the slightly higher income... View More
For the 1st hour to the job site and from the job site to my personal vehicle Is this legal
answered on Apr 26, 2020
Probably not. You should also be concerned about insurance, both automotive and worker's compensation. If the company is not paying you for this time I would question whether their insurance carriers would pay an insurance claim.
If so, will it be deducted from my present employer or past employers? If it's from my present employer, then how will they be able to afford to pay unemployment?
answered on Apr 26, 2020
Employers do not pay unemployment benefits directly; the State’s do. File for unemployment and see what happens.
I work on a horse ranch. Today I woke up to a sign stating that if things aren't done properly. My pay will be docked. This raised a lot of red flags for me. (Is this legal, how much money is going to be taken off my check.)
answered on Apr 23, 2020
Yes it is certainly legal for your employer to notify you (and all other employees) that they need to do a better job tending to the horses. Why?
Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and... View More
After one year a lawyer drop my case. Lawyer almost did nothing, ,I paid the retainer fee and $35 monthly
answered on Apr 23, 2020
Since you already have a lawyer we cannot interfere. I strongly suggest you stay with your lawyer, because hiring a different lawyer will send you all the way back to square number one.
This is the statement I plan to submit to Workforce online but presently the site is down... My resignation was forced and my intention was not to quit. I requested a few days unpaid time off on 12-12-19 from HR . Later that same day they told me they didn’t have EAP insurance as yet and they... View More
answered on Apr 22, 2020
Keep going.
If your employer did not carry or have EAP coverage (and thus did not pay payroll taxes to cover unemployment benefits for all regular employees) that is NOT your problem--it is the employer's big-time legal problem.
Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare. ... View More
answered on Apr 20, 2020
In today's panic-stricken world of constant changes affecting many millions of Floridians and at least one hundred million Americans my only advice is NOT to sign anything--unless it is the back of a stimulus check.
No one--lawyer or otherwise--can possibly know what the future will... View More
I work at a gas station in Florida my boss/owner buys dead rattlesnakes from people that brings them to the store, then they have to be measured then placed into the walk in cooler until the boss takes them wherever, the people are then paid out of the register by whoever is on shift at the time... View More
answered on Apr 18, 2020
Yes, your boss can require you to do that. I don't believe there such a license.
Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare.... View More
answered on Apr 17, 2020
For this new type of FMLA under the Family First Coronavirus Response Act the number of hours does not matter play a factor from my understanding but the reason your requesting the leave is very important and not everyone qualifies. I provided the information that is on the Department of Labor... View More
They provide no non slip mats for wet floors that they know always get wet, from ice to drinks to spills. They also don’t have good enough drainage as it’s under a fixture blocked by ice bin. It’s a kitchen. Also my back already has been hurt before so because of them not taking proper care... View More
My employer is a hospitality corporation that put everybody on furlough until further notice due to covid-19. I am an hourly employee in Florida. The corporation paid out all of available PTO prior to April but my anniversary was on April 11 and I should have had the number of PTO Days renewed. Am... View More
answered on Apr 16, 2020
If you have a written employment contract that does what you say you want, then yes. However, unless there is a written contract you are out of luck; why? Because Florida law does not butt into the private employment details between any employer and their employees. Talk to HR.
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