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Florida Employment Law Questions & Answers
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 Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: FLORISA/SARASOTA CO.

Q: Is it illegal for home depot to post private photos and videos online without my permission? on a company web site than i was fired, as i gave no one consent and i like to sue for lost of income medical ins. and lost of bonus twicw a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

Presumably you were fired for some other reason, not because the company posted images of you online. So, whatever the reason for your firing, your lost income would not be a result of their posting of your "private" images. So, you have failed to indicate facts which would show that... View More

1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

1 Answer | Asked in Internet Law, Employment Law and Gov & Administrative Law for Florida on
Q: How to remove personal legal information about myself from internet
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

A Florida attorney could advise best, but your question remains open for a month. It's very difficult to remove personal information these days. There are companies that deal with individual privacy and security - you could reach out to them. Some of them affirmatively attempt to remove... View More

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: I need help with theft of wages. We haven’t been paid, and the guy offered to pay us in drugs

The guy we have been working for hasn’t paid us, and at one point had offered to pay us in drugs. There are 3 of us that haven’t been paid and his last statement was “have fun being homeless”. I have all the documents and previous payments as well as him stating what he owes each person. I... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 17, 2024

If you provided a service for this guy then he is certainly obligated to pay you. Hire an attorney to look into the details for you and provide you with guidance.

1 Answer | Asked in Business Law, Employment Law and Sexual Harassment for Florida on
Q: Hello I am currently about to go into litigation for my sexual harassment case against my former emloyer

Since the lawsuit has been filed in Florida state court can my former small business employer (over 50 employees but under 100 employees) have my case dismissed if he went out of business and is now doing business under a different LLC and a different owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2024

No, the former employer can't have your case dismissed simply because he is no longer doing business as before.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: What is the proper form and procedure to file for contempt in the US District Court Mid. Dis of FL TPA Division?
James L. Arrasmith
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answered on Aug 31, 2024

To file for contempt in the U.S. District Court for the Middle District of Florida, Tampa Division, you begin by preparing a motion for contempt. This motion should detail the specific order that was violated, how the violation occurred, and the relief you are seeking. Attach any supporting... View More

1 Answer | Asked in Employment Law, Personal Injury, Tax Law and Workers' Compensation for Florida on
Q: FL landscaping company refuse to fix air conditioning in company vehicle for years suffering workers

Landscaping company refuse to fix company vehicle with no a/c these landscapers are already working in hot conditions but on top of that to get into a car that has been sitting in the sun and to drive to the next location every day with no a/c?? On top of that I reviewed pay-stubs and found out... View More

James L. Arrasmith
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answered on Jul 30, 2024

It sounds like you and your coworkers are facing some difficult conditions with the company's refusal to fix the air conditioning in the vehicle. Working in the heat all day and then having to drive without A/C can be very uncomfortable and potentially unsafe. You have the right to a... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am a salaried employee in FL. Can my employer reduce my hours and deduct my wages, if I am able and willing to work?

Until June 3rd, I have consistently worked well over 40 hours per week. I have been reduced to 15 hours a week starting on 6/3/24. This is because of a reduction in workload. I will resume 40 hours again on 7/22/24. As an exempt employee who is ready, able and willing to work, is it legal to... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

If you have a salary, not a hourly wage based employment, you should have been received the same salary. Make sure you have an employment contract saying you are a salaried employee.

2 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for Florida on
Q: Why won’t a lawyer represent me in legal matters?
Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Florida attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to offer meaningful input based on the limited description. In general, attorneys might not want to handle a case because they don't see a strong case, the legal fees might... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Can a food service deduct 30mins of pay if a break is not taken?

I work part time at an ice cream stand. Owners say 30 minutes breaks must be taken. If too busy to take a break they want us to deduct 30 minutes of pay. Can a food service owner mandate a break even if you would rather work and get paid that additional 30mins

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on May 20, 2024

Since you were not injured at work, your question falls outside of workers compensation law. I think an employment law attorney or one that handles Fair Labor Standards Act (FLSA) matters will be able to answer your question.

1 Answer | Asked in Employment Law for Florida on
Q: Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature?

Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature? It is my understanding that as long as the date on the seal was valid at the time of signature the notarization is good indefinitely. Is that correct? If so, will you please tell me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Florida Statute 117.01 through 107.08 generally concern notaries public. No statute suggests that a notarial certificate is not "good indefinitely"; that would be absurd because no deed, will, etc. would be good for more than a few years.

1 Answer | Asked in Employment Law for Florida on
Q: I worked for a doctor who is quadriplegic. I worked a month for him as his Aide, and he refuse to pay me. What can I do?

I work 6 days out of the week sometime 7, I live in Fort Lauderdale, he used to live in Aventura and lives Miami about month now. I put over a thousand miles on my vehicle in a month time, to get him up, fed, pick his meds and do his shopping. He claims I abandoned him because I had a dental... View More

Linda Liang
Linda Liang
answered on Apr 15, 2024

You can either talk to him when he is calmer and get your pay, or you bring him to small claim court. The latter cost money.

1 Answer | Asked in Employment Law, Workers' Compensation and Wrongful Death for Florida on
Q: husband died at work I hired firm all info on the case/firm were destroyed. How can I find case info again

The company he worked for was bright future electric in Bradenton Florida his name was Ezra gross he died on 11/10/23 my name is Amy gross my birthday is 7/12/78 I have no idea what the law firms name was the only thing I can barely remember is I think they were based out of Miami area

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2024

Contact the clerk of court for the county where the case was filed and ask for information concerning the case (probably your name vs. Bright Future Electric).

1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
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answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

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