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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Do I have a case? Work Vehicle Hazard.

I have a work vehicle that had to be taken into a mechanic because it wouldn't start. The mechanic told me he's warned the owner on countless times because the airbags are broken and won't deploy. The alignment is messed up, the vehicle is too heavy for the small tires that's on it. This is the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

You would have a case were you to be injured by the vehicle which your employer knows to be dangerous. But the workers' compensation remedies are limited and exclusive. I suggest you quit and get another job.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: Fail to respond to Report and Recommendation

Pro se failed to respond, due to confusing and not calculating date correctly

I want to ask the court, plead to consider my response. Unintentional and not to

obey or ignore the order of the court. Is there a form, or procedure of how to go

ahead with this letter

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 2, 2019

If you have been litigating you case without a lawyer then you should continue doing so; there is no specific form to use, so call it a motion to allow late response, and try to explain. ATTACH YOUR ACTUAL RESPONSE TO THE REPORT AN RECOMMENDATION>

1 Answer | Asked in Employment Law for Florida on
Q: What happens next?

My attorney sent a demand letter to my former employer informing him that I was owed unpaid wages and that I was terminated illegally in retaliation for whistleblowing when I complained to my supervisor about a $2000 discrepancy in my paycheck and said I would hire an attorney to recover my wages.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 27, 2019

You can sue your former employer in the small claims court. Call the Clerk of Court in Largo and ask them to help you.

1 Answer | Asked in Employment Law for Florida on
Q: What is the purpose of a demand letter in an unpaid wages complaint?

I understand that it would be sent to inform my employer that I am owed unpaid wages and request to be paid to correct the discrepancy, but what if the employer refuses to pay the money? What would be the next step? Thanks....

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 26, 2019

Without spending my time looking at the controlling statutes I will just advise you that many statutes require that you send a demand letter BEFORE you will be able to sue for the money lost. So just do it.

1 Answer | Asked in Banking, Bankruptcy, Employment Law and Employment Discrimination for Florida on
Q: Can I lose my Mortgage License if I have to file BK 13?

I have been a Mortgage broker for 14 years.Unfortunately I need to do a BK 13 for an unrelated business. Can I lose my license?

Timothy Denison
Timothy Denison answered on Nov 25, 2019

Probably not unless the 13 filing is occasioned by some wrongdoing or otherwise.

1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for an Employer to tell an Employee that we can't discuss our benefits or salary or we'd be fired?

At our meeting at work our manager said "If I here anyone else discussing there benefits, salary or pay raises you will no longer be working here".

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 21, 2019

Yes, in Florida your employer can fire you anytime for any reason or even for no reason.

1 Answer | Asked in Employment Law for Florida on
Q: I resigned from a job that told me they were giving me 100,000 shares of stock as part of my employment agreement.

I never received any paperwork for the stock but they listed it on their public financial records. I did not leave this position on friendly terms. How do I find out if I can access the stock still?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 21, 2019

Unless you have the original stock certificates--or some written contractual evidence of your ownership you are out of luck.

1 Answer | Asked in Employment Law for Florida on
Q: What are my rights as employee if owners closes business and hires GOB and says we will all be employed till they close?

We have been told 1/1/2020 switch over to GOB but have heard rumors it could be 12/1

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2019

What's GOB?

1 Answer | Asked in Contracts, Employment Law, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 11, 2019

It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Is it legal do ask for a doctor's note at work if you weren't sick?

I slept through my shift at work. My boss said that I need a doctor's note even though I told him I wasn't sick. He is not telling me that if I don't provide a doctor's note I will lose my job.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 8, 2019

Your boss is being very kind to you; why? Because Florida is an “at will” state, which means employers are free to hire, transfer, 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... Read more »

1 Answer | Asked in Employment Law, Copyright, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2019

I don't think this is kind of help you can receive on a public forum. In order to do it right, more analysis is needed. You need an attorney to help you to prevent litigation with the right strategy.

1 Answer | Asked in Employment Law for Florida on
Q: Wrongful Termination?

My wife recently took leave from her position at a physician's office in order to give birth and susequently properly recover. In order to assist with this, the company she worked for offered short-term disability coverage, but not FMLA. She recently reached out to her employer to discuss her... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

In my professional opinion your wife has stated at least one viable claim of discrimination (gender discrimination).

I advise you to contact the Florida Commission on Human Relations (FCHR) in Tallahassee Florida. Their toll-free telephone number is 800 342 8170; they can also be reached...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I'm a volunteer firefighter in Florida after a incident occurred on a scene I was put under investigation after the...

Investigation I was told that I have to resign or never work as firefighter ever again what legal rights do I have

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 31, 2019

Since the only possible claim you might have would fall under the heading of Employment Law, and since you are a volunteer firefighter (i.e., not employed by the fire department) your legal rights are extremely limited. Moreover, since you were given the chance to resign--and took it--your chances... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Is there a florida statue that addresses employees logging in/out for work?

Employees fail to log/in/out and then time clocks need to be adjusted. Happens far to often and creates a ton of paperwork and delays.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 30, 2019

No, Florida does not even attempt to regulate employees checking in and out of work. If there is a problem I suggest yoy dock the offending employees' pay for at least 15 minutes every time they "forget to clock in." You can also suspend them, demote them or even terminate them for failure to... Read more »

2 Answers | Asked in Employment Law and Personal Injury for Florida on
Q: My brother had a gunsafe fall on him at sams club. Can he sue? He works there in florida

He's in hospital with 2 broken vertebrae, Broken foot and face bone.

Daniel Marc Berman
Daniel Marc Berman answered on Oct 30, 2019

He may have a case against Sam's Club. More facts would be needed.

Have him call our office for a free consultation. 954 764-6099

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1 Answer | Asked in Employment Law and Criminal Law for Florida on
Q: what do i answer to this background question? should i answer yes or no and if i put yes what explanation should i give?

january 31 i was falsely arrested when an ex of mine lied to cops saying i hit her. i was taken to jail for a few days and now its been a few months. im currently in the process of getting my record expunged and im applying for my insurance license and its asking me if “in the past 12 months have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 29, 2019

You are holding out false hopes of somehow being able to avoid your past criminal record by "getting it expunged." I am NOT advising you not to keep trying to get the record of your prior arrest expunged; all I am telling you is that the question you are now being asked by the Division of Insurance... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Employment Law for Florida on
Q: Is it illegal for a health insurance company to give answers to state exams

Can a insurance company give new hires a cheat sheet of answers to the 440 insurance exam? Also cheats on cms

My insurance company I recently started working for gave the whole class before and after me as well as my class a cheat sheet with all the answers to the 440 insurance exam. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

I am sure there is a way to file some sort of complaint; however, I am not sure what the Department would do with it.

You must also know that--if you do complain--you will likely not be well-liked among your peers, not in the Department.

1 Answer | Asked in Employment Law for Florida on
Q: Forcing to take PTO when I am over my 40 hrs. Is this legal with a private company that follows federal guidelines

Example it can be wednesday and I could have 40 hrs overtime and come in late thursday 4 hrs they are making me use my PTO for the 4 hrs even if I have 40 hrs overtime. Which the company is private and follows federal guidelines and is in florida. We have weeks where we are on call and get 40-60... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

Although is sounds difficult to believe--that any company that "follows federal guidelines" requires or even allows its employees to "work 40-60 hours overtime plus (your) normal 40 hours" if this true you are advised to seek legal assistance from a labor & employment lawyer immediately.

1 Answer | Asked in Employment Law for Florida on
Q: Can my job make up fines and take all of your pay?

My dealership recently set up a fining system where you get $100 deducted from your check if you drive over 4mph in your car or in their golf carts on dealership property (they bought a radar and set it up at the entrance), if you eat or store food or drink outside of the break room (no water or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

Generally, yes--your employer can "assess fines" as a way to enforce employment rules that are apparently being ignored. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Florida on
Q: Hello, I have a question about unemployment benefits in the state of Florida

I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... Read more »

Kevin Sanderson
Kevin Sanderson answered on Oct 22, 2019

This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... Read more »

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