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Florida Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Florida on
Q: Is my employer required to pay me for my quarantine?

I'm unvaccinated and was exposed to Covid by a coworker at work. My job is requiring me to quarantine without pay for a minimum of 7 days. Are they allowed to withhold pay from me since I was exposed at work?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2021

By "making you quarantine" your employer is being responsible and doing what the law requires them to do to protect ALL their employees.

Regarding paying you: If you are a salaried employee or have a written employment agreement that speaks to this issue than your employer will...
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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer who offers covid pay deny you being paid covid payment because you aren’t vaccinated?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2021

Yes. Private employers in Florida can do anything they want to their employees, as long as the reason they are doing it (or not doing) does not violate the Florida Civil Rights Act. You have two options: Get vaccinated and get "Covid pay" or refuse and get none.

1 Answer | Asked in Employment Law for Florida on
Q: Can my boss force me to wear a mask at work that says "Not Vaccinated" on it?
Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 12, 2021

No. Information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. Additionally, under Florida law, every employer who provides health insurance benefits "shall maintain the confidentiality of information relating to the medical... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: After a job closes down after it’s spread of Covid and everyone were told not to come but without proof of negative test

And I was never scheduled after

So my question is can a job fire you for not showing up after telling you not to come w/o proof

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2021

Yes. Why? Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I was recruited by a company and after starting forced to sign a non compete months later. I worked there for 3 years .

They let me go stating I did everything they asked but were changing directions. They offered me a severance no strings attached. Said they wouldn't enforce me non compete as long as I didn't solicit. Their words were they aren't A holes and wouldn't keep me from working. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2021

No, it's not discrimination, it's failure to abide by their word. If they want the severance payment(s) back they will have to sue you for the money. At that point, should it come to that, you can tell the judge your side of the story.

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2 Answers | Asked in Employment Law for Florida on
Q: Does a manager have the right to shame employee for not getting the Covid-19 vaccine?

I live in Florida and where I work it is recommended but not mandatory to have the Covid-19 vaccine. However, every chance my manager gets she bashes me publicly in front of my coworkers and customers. Saying things such as “ you’re going to be the reason another catastrophe happens”. If the... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 3, 2021

Good question. While a private employer is permitted to require employees to be vaccinated, information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. According to the EEOC, the ADA requires an employer to maintain the... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can I get fired for not getting the Covid vaccine?
Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Jul 25, 2021

Under Florida law, private employers generally may require employees to be vaccinated as long as accommodations are made for disability or religious objections, as recently described by EEOC. Under federal law, there have been recent challenges under 21 U.S.C. § 360bbb-3, which addresses the... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can my criminal background stop me from getting a job at Dollar General as a cashier

I'm a 34 year-old African American, living in Pensacola FL. I recently applied for a job as a cashier at Dollar General. They were in desperate need of employees, even holding open interviews. I hit if off with the manager right away, and the interview was a complete success. She... Read more »

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Unfortunately, they are allowed to choose not to hire you based on your background. I wish you the best of luck. Keep trying, you're doing the right thing.

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1 Answer | Asked in Employment Law for Florida on
Q: is my employer required to pay me overtime wages if I should have had 50 hours on my check?

I was required to work 10 hours on the Monday following July forth. My days off are Sunday and Monday since I reglarly work Tuesday through Saturday.. The employer gave me Sunday and Tuesday off and Tuesday was holiday pay of 8 hours. This gives me a total of 50 hours which would mean 10 hours of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2021

You cannot count the eight hour holiday as working hours--because you did not work. So the 2 hours OT is correct.

2 Answers | Asked in Employment Law for Florida on
Q: When applying for a job in Florida can i be retaliated against for refusing to answer questions about past salaries?

To my knowledge, Florida is not a state with legislation that enforces a salary history ban, so a potential employer has the right to ask about past salaries in the.

I also understand I have to right not to answer these questions but I am unaware as to weather there are protection in place... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2021

Normally I do not answer "what if" questions on the Internet asked by people I know nothing about; why? Because there are way too many unknowns, and because lawyers are not soothsayers.

However, this question intrigued me; and it makes me want to ask you why you are asking for...
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1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for an employer to pay a lesser wage for PTO/holiday pay than the established hourly rate of pay?

our employer raised our hourly rate to $12/hr but left our PTO/holiday pay at 9.50/hr

Rhiannon Herbert
Rhiannon Herbert answered on Jul 13, 2021

Your employer is not required by law to offer any pay for vacation time, holiday time, or any other time during which you are not performing work. Thus, if your employer does offer paid time off, it can use the policy it establishes to do so, and the above pay policy you've described is permissible.

2 Answers | Asked in Employment Law for Florida on
Q: To my understanding an employer cannot deduct money from my paycheck for a mistake I made. Is this true.

I made a mistake a used material that I thought was scrap. Boss saw it Nad sid it wasn't scrap. So he is deducting $500 from my paycheck. I told him that it illegal and he told me if I didn't and agree to it then I wax getting fired just because I told him it's illegal

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 10, 2021

This is a teaching opportunity:

1. I hope you learned that you were lucky when your boss decided to deduct the $500 instead of just terminating you. 2. And I hope you realize you should have agreed to pay for the expensive material you ruined because now you have no job.

3....
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1 Answer | Asked in Employment Law for Florida on
Q: I quit a job due to employee harassing me my job then didn't pay me on the next pay cycle

The manager is now telling me to wait 2 more weeks which is now putting me in a bond purchasing my meds and getting to and from my new job is there something I can do not to mention I had fell 2 or 3 months ago and sprained my ankle bad and they won't even help with the medical bills

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 9, 2021

It appears that you are eligible for worker's compensation, as well as your back pay plus penalties. Speak with a worker's compensation attorney.

1 Answer | Asked in Employment Law for Florida on
Q: Am I able to give notice while on short-term disability leave and not lose benefits?

Full-time employee.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2021

It never ceases to amaze me how people can ask simple "legal" questions that--as far as I know--have never been asked before; this is one.

So rather than wasting time and money trying to draft and introduce proposed new legislation designed to answer this simple question,...
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1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Q: Can a contract be voided if you was under the influence?

I don’t remember signing my workers compensation contract after the day I got out of the hospital. I was completely drugged up because I got ran over by a garbage truck. So that means that one of the workers compensation employees had to come by to get me sign their documents. Can I get out of... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2021

You could certainly try. To have a valid contract, you cannot have an impairment causing you to lack the required capacity to enter into a legally-binding contract. Basically, you must be mentally competent, and being drugged up could possibly cause you to temporarily lose the necessary mental... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: how to draft a notice for Waiver of sovereign immunity in florida

trying to sue a government agency in florida based upon 112.3187 and failure to follow employee handbook.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2021

FYI: Citizens cannot waive Florida's sovereign immunity; only Florida's Legislature or one of Florida's several elected or appointed officers can do that.

If you are trying to bring a cause of action against some Florida agency under the Whistle-Blower Act (Section 112.3187,...
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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can I be fired because I need a break to monitor my blood pressure

Asked for break to check blood pressure made to wait more than hr had to take a few hrs and 3 pills to bring down asked if I need to return to work they told me no stay home. Next morning was fired cause of health concerns

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2021

Although your health-related situation might afford you some protection in the workplace if all statutory requirements were met first, the facts as presented here do not appear to satisfy applicable law. Why?

1. Because Florida is an “at will” state, which means private employers are...
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1 Answer | Asked in Employment Law for Florida on
Q: Employees of a private university in Florida are REQUIRED to give at least one month's notice if they take another job.

This refers to a private university with an enrollment of >15,000 students. Employees must give at least a full month's notice if they decide to leave and take a job somewhere else, instead of the traditional 2 weeks' notice. Employees who give 2 weeks' notice instead of a month... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2021

(Please remember this advice and pass it along to all your friends):

1. Florida is an “at will” state, which means PRIVATE employers are free to recruit, hire, transfer, promote, demote, suspend, reinstate, fire--and then rehire--employees for any reason at any time, i.e., “at...
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1 Answer | Asked in Employment Law for Florida on
Q: I am concerned about a non compete agreement in a job offer.

The company is an engineering consulting firm that works with medical device companies, including most of the big name medical device companies in the US. The noncompete says that during my employment and for 1 year after I cannot work for any Client of this company, any competitor or their... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2021

Although Florida law allows most employers to use non-compete clauses in their employment agreements, the non-competes must be "reasonable" in scope. ("Scope" includes the kind of work, the distance and the time involved.)

For example, Florida employers cannot impose a...
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