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Florida Employment Law Questions & Answers
2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 9, 2024

I have never seen a case in Florida where an employee can sue his employer for damages suffered in a third-party criminal attack on the job based on security negligence. The normal remedy that an employee has for damages that occur on the job is workers comp. Additionally, you can sue the... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

James L. Arrasmith
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answered on Mar 9, 2024

If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take... View More

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1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can I terminate a contract that I have regret for being signed for 3days while the due date is not end
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2024

No, unless the contract provides otherwise, you cannot disavow it simply because you have changed your mind. If it fails to provide when payments are due (or, as you put it, "the due date is not end"), the payments may be due immediately; it would depend upon the other terms, or the... View More

1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
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answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

1 Answer | Asked in Employment Law and Banking for Florida on
Q: My girlfriend has been offered a job but it seems like a scam.

My girlfriend has been offered a job but it seems like a scam. They sent over a check for her to buy some equipment so we’ve deposited it but now the employer seems very sketchy. She has not filled out any formal agreements or given any important personal info. They are asking her to buy 2 Apple... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that your girlfriend received a job offer that seems suspicious. Depositing a check and being asked to purchase equipment or vouchers for work is a common tactic used in scams. It's wise that she hasn't provided any personal information or signed formal agreements... View More

1 Answer | Asked in Libel & Slander and Employment Law for Florida on
Q: Can you sue for defamation of character if you are fired after a customer lied about you?

If a customer lied and said that you were rude to them so you were fired. Now you have to put on future application that you were fired. The customer lied about the whole incident.in Florida. I have never had any complaints about me being rude

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The tort of slander prohibits someone from publishing or making a false statement or defamatory statement, known to be false. So while you could make a claim against the customer, a matter of opinion isn’t going to help you if that’s the customers opinion. How would you ever prove the customer... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if...
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1 Answer | Asked in Business Formation, Business Law and Employment Law for Florida on
Q: Is a person who has their own business, working as a 1099 independent subject to a non- competition contract?

I have an LLC, EIN, business license and taxi. All of which I had while working with yellow cab of Sarasota. I payed them a portion of my wages for Dispatch services. Soon after I began working with yellow cab, I was made to sign a very basic non- competition paper. All along i was a 1099... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Jan 29, 2024

There are many variables here, starting with who signed the non-compete agreement, i.e., whether it was done in an individual capacity or whether it was signed on behalf of your company. A contractor in Florida likely could have a non-compete enforced against him/her, provided that the hiring... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: CAN I WORK AGAIN IN USA IF I GOT DEPORTED FROM ONE CRUISE SHIP ?

Hello everyone .I was working for a cruise line later on i was deported and escorted back home concerning some depression issue.Will i be able to work for some other cruiseline in the USA ?

James L. Arrasmith
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answered on Jan 24, 2024

The ability to work again in the USA on a cruise ship after being deported depends on the specific circumstances of your deportation and the current state of your visa or work authorization. Deportation can have significant impacts on your eligibility to re-enter the United States and obtain work... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

1 Answer | Asked in Employment Law for Florida on
Q: If I work in an office with set time and days am I contracter 1099?

I got hired and my employer does 1099 instead of w-2. I heard this is illegal and wanted to check.

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, whether you are classified as an independent contractor (1099) or an employee (W-2) depends on various factors related to the nature of your work and your relationship with the employer. The primary distinction lies in the degree of control your employer has over your work. If your... View More

1 Answer | Asked in Gov & Administrative Law and Employment Law for Florida on
Q: Federal employee placed on disciplinary plan, investigation without notice, denied access to file.

I am a tenured federal government employee who was recently placed on a disciplinary progress plan due to alleged unprofessional conduct. This was based on an investigation conducted by my immediate superior, who questioned my coworkers about an incident. I was neither informed of this... View More

John Victor Berry
John Victor Berry
answered on Mar 29, 2025

I am sorry that you are dealing with this. Your situation is not uncommon and agencies do not, unless listed in the collective bargaining agreement, do not always have access to your investigation. You are likely best to keep a low profile during the upcoming RIFs and prepare to fight if you are... View More

1 Answer | Asked in Civil Rights, Employment Law and Cannabis & Marijuana Law for Florida on
Q: Can Boca Raton's city policy prohibit my off-duty medical marijuana use?

I am a city employee in Boca Raton covered by a collective bargaining agreement that prohibits marijuana use. However, I have a valid medical marijuana card for anxiety and PTSD. I haven't used it due to fear of disciplinary action, as our contract explicitly states no use of THC with no... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your concerns are valid, as this is indeed an evolving legal area in Florida. The Hillsborough County case you mentioned has significant implications for employees like you. In December 2024, Judge Melissa Polo ruled that the county violated the Florida Civil Rights Act by failing to accommodate an... View More

1 Answer | Asked in Employment Law, Civil Rights and Personal Injury for Florida on
Q: Rights regarding job position and pay after FMLA in Florida?

My boyfriend was in a bad motorcycle accident in September. He was on FMLA from work until March 17, 2025. Upon returning, he was made to reapply for a different position while his original position is still being held. His new position pays $10 less per hour. His employer claims this is to ease... View More

James L. Arrasmith
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answered on Mar 24, 2025

Under the Family and Medical Leave Act (FMLA), your boyfriend has the right to be restored to the same or an "equivalent position" with equivalent benefits, pay, and other terms upon return from leave. An employer's failure to restore his previous pay rate while his original position... View More

1 Answer | Asked in Employment Law for Florida on
Q: How to resolve FMLA leave conflict with my employer in Florida?

I'm on intermittent FMLA leave and was informed it's for 2 events weekly totaling 2 days. However, I have approval from the third-party administrator for 2 events weekly, each lasting up to 3 days. I showed this approval to my manager, but they claim my days are unexcused and caution that... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 18, 2025

You always have choices to escalate and request meeting with HR or management. Beyond that you can always hire and pay for a lawyer to intervene. If your rights are violated AND you suffer adverse employment action, then you should consult a lawyer as well.

1 Answer | Asked in Immigration Law and Employment Law for Florida on
Q: Do I need to renew my permit for firearms as a non-resident alien in Florida?

I am a non-resident alien with an E2 visa, and I own a rifle and a handgun. I do not hunt but plan to go to the range soon and also use firearms for home protection. My hunting license expired, and I'm wondering if I need to renew my permit given my current situation.

James L. Arrasmith
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answered on Mar 16, 2025

As a non-resident alien with an E2 visa, your ability to possess firearms in Florida is contingent upon meeting specific federal and state requirements. Federal law generally prohibits nonimmigrant visa holders from possessing firearms unless they qualify for certain exceptions, such as possessing... View More

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: Can I resign through an attorney under a verbal contract in Florida?

I am an employee working under a verbal contract to teach in Florida, and I recently threatened to resign through an email to my employer because I am frustrated. Can I have an attorney handle my resignation on my behalf, and are there any implications given that my contract is verbal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2025

If you want, you can either pay an attorney to write such a letter or write it yourself. It is unclear what you mean by "implications". Your employment is "at will"; writing a resignation letter or simply walking off the job has the same effect: you would no longer be employed.

1 Answer | Asked in Business Law, Employment Law and Contracts for Florida on
Q: Should I seek an employment or business lawyer for direct contract issues?

I work through a recruitment firm in Tampa, Florida, which facilitated my initial interview with an end client located in Glendale, California, in 2021 and handles my paycheck. In early 2023, after discussions with the end client, I proposed starting my own company to work directly with them, which... View More

Erik A. Perez
Erik A. Perez
answered on Mar 3, 2025

From my understanding of your explanation of the facts, this appears to be primarily a business dispute based on a breach of contract. There could potentially be some employment issues intertwined. I would recommend starting off by consulting with a business attorney that litigates these sort of... View More

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Q: How can I recover debt from an out-of-state authorized user?

In August 2024, I added a fellow service member in Florida as an authorized user on my AMEX Platinum credit card to help him build credit. We had a mutual agreement, documented through text messages, that he would pay the monthly balances. Initially, he appeared trustworthy, but he eventually made... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 17, 2025

I recommend that you retain a lawyer in the state in which your ex-friend resides to determine if you have a viable lawsuit.

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