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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: i’m a cutter for a factory the fabric I cut is fiberglass I’m having sinus issues and issues with my hands

Per our company handbook it specifies that they agreed to provide the tools necessary to perform the task of our jobs they are refusing to do so

Tim Akpinar
Tim Akpinar answered on Nov 3, 2020

A Florida attorney could advise best, but your post remains open for a week. This sounds more like a workers' comp matter than a personal injury matter - it appears to have a connection to the course of your employment. You could reach out to a WC attorney to discuss. Many WC attorneys offer... Read more »

1 Answer | Asked in Employment Law, Banking and Employment Discrimination for Florida on
Q: Selective Enforcement of policy's. Over 40 in Florida

Is selective enforcement of policys an issue. My employer is holding me accountable for things that they are not consistently holding others accountable too. I am over the age of 40 in Florida.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 2, 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)... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If a worker is fired for asking employer to follow CDC guidelines for COVID-19 is there a case?

My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Oct 22, 2020

Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Is it illegal to fire someone for taking a political survey the company offered, and them not liking the my answers?

So, about 4 days ago I was at work in my cpu and a survey popped up from my company. I take this survey, and to my dismay, it's about politics, Amy Coney Barret, Trump, who will you vote for, etc. I am a Republican so I filled it out as such. I moved from Texas to Florida 1 month ago to take... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

It times past, it wouldn't be normal, but we are now in times in which the current President, from day one, decided to be a harsh divider rather than a uniter. He has caused this nation to go into a cold civil war that has now cost you your job. Unfortunately, the law does not prohibit... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer enforce its employees to get flu shots?

From my understanding, in the past, my brother-in-law's employer (a medical group purchasing and supply chain services company) required their employees to get flu shots but did not enforce it. He hasn't had a flu shot in years because the last couple of times when one was administered... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

The good news first: There is Florida or federal no law that allows employers to mandate flu shots for all employees.

However (the bad news): There is no Florida or federal law that forbids employers from requiring flu shots for all employees--unless that requirement of employment in any...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I am being threatened via texts and email to reimburse a verbal claim for overpayment of wages from an employer.

I was working for a storage unit for 3 weeks, they have claimed to pay me for 4 weeks. We did not have a contact, application process or any tax papers at the time of hire. I quit due to unethical business practices- ie Tenants running businesses out of the storage unit and even one person living... Read more »

Alberto Naranjo
Alberto Naranjo answered on Oct 5, 2020

The overpayment can be an issue if true. You can hire an attorney to help but they will probably charge. Make sure to document everything in writing.

2 Answers | Asked in Employment Law for Florida on
Q: Is there any action one can take against a boss putting employees in unnecessary danger?

If a boss comes into work and multiple of his family members including his wife have tested positive for COVID-19 and have told him he needs to quarantine but he comes in anyway and takes his mask off, is that creating a risky work environment? Is there any sort of legal action one could take... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 2, 2020

The best action you can take it to quit. If you have in fact contracted the disease, the legal action you could take would depend upon how you got it. If it was in fact a result of being infected at work, the exclusive remedy of a worker's compensation claim would apply; if you did not get... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: What does this mean- i rec'd this on my unemployment claim..

SINCE FILING A PREVIOUS CLAIM, THE CLAIMANT HAS EARNED REMUNERATION FOR SERVICES PERFORMED OF AT LEAST THREE TIMES THE CURRENT WEEKLY BENEFIT AMOUNT. THIS DETERMINATION IS ISSUED IN ACCORDANCE WITH SECTION 443.091, FLORIDA STATUTES.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 2, 2020

It means that they believe you have been working and have been getting paid.

The statute cited can be found here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0443/Sections/0443.091.html

2 Answers | Asked in Employment Law for Florida on
Q: Is it safe to sign Non Disclosure Agreement before an interview?

I would do like some expert to review the NDA document and advise if its safe to sign, Thank you

Kyle Anderson
Kyle Anderson 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.

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2 Answers | Asked in Employment Law for Florida on
Q: Can I sue the founder of a startup for failing to pay deferred salary as promised in writing?

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.

Terrence H Thorgaard
Terrence H Thorgaard 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.

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1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for employer to keep the tips that customers give the server with credit card? The owner keeps the money.

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... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick 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.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Safety sensitive position and needed prescription drugs.

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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.

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1 Answer | Asked in Employment Law for Florida on
Q: I resigned from a job on Friday. On Monday a potential employer told me I can't get hired due to former employer having

Investigation against me. I was unaware of any investigation. Is my former employer required to tell me of an investigation and allegations against me?

Bruce Alexander Minnick
Bruce Alexander Minnick 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.

1 Answer | Asked in Employment Law for Florida on
Q: If I don't like the outcome of the Labor Board, can I take my old employer to court instead?

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... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. 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... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can a boss as your coworker if they saw you without a mask on? I have an exemption for medical reasons. Is this a hippa
Terrence H Thorgaard
Terrence H Thorgaard 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.

2 Answers | Asked in Employment Law for Florida on
Q: Is an employer responsible for supplying equipment/gear needed to do the job required?

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.

Bruce Alexander Minnick
Bruce Alexander Minnick 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...
Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Does my At Will clause allow my employer to change my salary

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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.

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 19, 2020

Your exclusive remedy is workers compensation. File a claim with your employer's workers compensation carrier.

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1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Florida on
Q: I have an open case with the EEOC for wrongful termination. I have an employment attorney that I am working with,

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?

Bruce Alexander Minnick
Bruce Alexander Minnick 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.

1 Answer | Asked in Employment Law for Florida on
Q: Camera placed in bathroom at work, do I have any rights?

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... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick 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... Read more »

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