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Florida Employment Law Questions & Answers

1 Answer | Asked in Employment Law and Health Care Law for Florida on

Q: My job offers health insurance can I ask an undocumented get the benefits.

Bruce Alexander Minnick answered on Jun 24, 2019

Say what? Your very short question cannot be answered without many more facts.

1 Answer | Asked in Employment Law for Florida on

Q: Should I sign a release agreement now if they have been paying severance and benefits for six months?

They sent me a Release Agreement in April, which i never received. Now a few days ago they sent it again UPS signature required which indicates if start working for another employer i must notify them in writing within ten days. Agreement reads failure to notify them i would constitute a material... Read more »

Bruce Alexander Minnick answered on Jun 24, 2019

Your severance agreement will control the answer to this question. Unless I miss my guess the severance agreement includes a non-compete clause--which you may be violating--and your former employer may be aware of it.

I advise you NOT to sign anything until you have hired am experienced...
Read more »

1 Answer | Asked in Admiralty / Maritime, Business Formation, Business Law and Employment Law for Florida on

Q: US pass through entity gains revenue from services aboard a cruise ship. Does that entity pay US federal and state tax

Tim Akpinar answered on Jun 22, 2019

This question needs to be presented to a tax attorney - try to repost, adding Tax Law as a category.

Tim Akpinar

1 Answer | Asked in Employment Law for Florida on

Q: Can an safety manager tell you to not ask questions in front of an inspector.

I had question his statement he made to me infornt of an inspector. The next day after my manager told him(safety manager) he was wrong he the safety manager approached me and said to never question him( safety manager) ever again in front of an inspector .

Bruce Alexander Minnick answered on Jun 20, 2019

Yes, your safety manager can tell you not to ask questions to him in front of a safety inspector. And yes, you can run and tell the manager that the safety manager upbraided you for asking questions in front of an inspector. And yes, the safety manager can come back to you and tell you--again--not... Read more »

1 Answer | Asked in Employment Law for Florida on

Q: Is it illegal, to ask an employee to find coverage for a shift they are trying to leave ?

Bruce Alexander Minnick answered on Jun 16, 2019

No. And if you object you can be terminated.

2 Answers | Asked in Employment Law for Florida on

Q: Hello so I have a difficult situation that I'm dealing with and I am not sure what to do. Ok so I was born in Haiti

My dad filed for me to come to here and I need to get my social security card replaced which I lost. I went to SSI as they told me I need proof of citizenship which I don't have lost everything and I need my SSN to give to my employer for a job. I can't get my passport card because they need proof... Read more »

Bruce Alexander Minnick answered on Jun 12, 2019

Your sad story is very hard to believe; surely you have not lost all documents on the planet that could help you reconstruct the history of you life? Example: You certainly must know your full name and the date of your birth; right? And you must also know exactly (city and state) where you were... Read more »

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1 Answer | Asked in Animal / Dog Law, Employment Law, Tax Law and Agricultural Law for Florida on

Q: I worked/boarded dogs in a kennel; can they hold my dogs until bill is paid when they haven't paid valid wages?

I boarded dogs at a kennel. After 5 months of payments the owner offered me a part-time job. It progressed from a 3-4 hour morning/evening to 24 hours (10 hrs in the kennel & 14 hrs in their home taking care of their 8 pets) over 3, 5, 7, or 10 day periods. On lunch, I was required to answer phones... Read more »

Bruce Alexander Minnick answered on Jun 10, 2019

None of these historical facts matter because your former employer still has your dogs. After you have recovered your dogs you can think about suing these people for overtime wages and other things.

1 Answer | Asked in Employment Law for Florida on

Q: If I have. Worked an average of 34 to 38 hours for months in Florida is my employer req to make me fulltime

Working for publix

Bruce Alexander Minnick answered on Jun 10, 2019

No, because there is no law requiring any employer to "promote" part-time employees to full time jobs. FYI, Publix has always had a (unwritten?) policy of NOT giving its non-managerial employees "full time jobs." Why? Because Publix apparently thinks that part-time employment is much cheaper for... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on

Q: I work for an employer with over 200 employees and I receive FMLA due to health issues. Originally my Manger started

Originally my Manger started off sending messages while on leave to me about work related concerns eventually it transpired to I need to let them know ahead of time if I plan on being out of work. I was told my attendance is an outlier and that instead of staying home not doing anything come to... Read more »

Bruce Alexander Minnick answered on Jun 4, 2019

The FLMA is not intended to be used as any kind of excuse to avoid going to work. The FMLA is intended to help people who have demonstrated some legitimate short term health concerns or who have family members with legitimate short term health concerns--i.e., are expected to last six months or... Read more »

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1 Answer | Asked in Employment Law for Florida on

Q: HR received a subpoena on my behalf. I am to appear at the court today but I am unable to do so due to short notice.

What am I suppose to do?

Mitchell Feldman answered on May 29, 2019

Any subpoena to appear requires reasonable notice, and depends on court how many days. Same day is not reasonable notice. I cannot see a court holding you in contempt if you just got served today, assuming it was properly served under the rules. Service was it by mail? fax? email or process... Read more »

2 Answers | Asked in Employment Law for Florida on

Q: In Florida, is my employer required to payout unused PTO if 2+ weeks notice was given?

Bruce Alexander Minnick answered on May 27, 2019

No. Florida law does not require employers to give employees any paid leave at all--so unless you had an employment contract that said otherwise, you are not going to get any PTO.

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2 Answers | Asked in Business Law, Civil Litigation and Employment Law for Florida on

Q: can an employer force an employee to purchase a company provided laptop if there are damages?

One of my twins pulled my work laptop off the countertop in my kitchen and subsequently broke a few pieces of the external plastic frame. The computer still works, no screen damage, just external Plastic parts that need to be replaced. My employer is demanding that I buy the laptop from them and if... Read more »

Bruce Alexander Minnick answered on May 21, 2019

Before you let yourself get all worked up about having to purchase the laptop your children broke please know that 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.,... Read more »

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1 Answer | Asked in Employment Law for Florida on

Q: I’m being threatened legal action for overpayment from the school board of broward county. Can they sue me for a mistake

Due to an error of their paperwork I was over paid one paycheck. Even though, I followed the proper procedure for resigning. I’m being threaten of a lawsuit for an error that they made. What should I do? Please help.

Bruce Alexander Minnick answered on May 20, 2019

It never ceases to amaze me how many educated people still think the old school-yard rule of "finders-keepers" is some sort of legal justification for keeping something valuable that does not belong to them. Unless you want your employment record sullied more than it is now, and unless you enjoy... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on

Q: do I have to use my STD if I’m only going to be out of work for 3 was or am I entitled to my 340 ESL hrs

Bruce Alexander Minnick answered on May 13, 2019

This is not a legal question. Ask the HR department where you work.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on

Q: If you accepted a position in another department under the same employer,

Can your old supervisor came back after approving your timesheet and question what you did the last few days of that pay period? Seems like harassment to me when they have claimed in their email that they didnt see you on your last day, lied about other employees inquiring about your whereabouts... Read more »

Bruce Alexander Minnick answered on May 3, 2019

There is nothing even close to "harassment" anywhere near your set of facts.

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on

Q: Can I be compensated in Florida from my phone company/apartments for causing missed time from my work from home job

I moved into an apartment complex that requires you to use their internet/phone company. I have a work from home job taking inbound calls. In three weeks living here, I have missed nearly 40 hours of work from phone outages due to no fault of my own. Am I able to somehow seek compensation for lost... Read more »

Griffin Klema answered on May 3, 2019

Probably not, unless there is some document indicating that (1) you can operate a business from your apartment (this is frequently prohibited by the condo/apartment building), and that (2) the owner/condo agreed to provide the internet service with certain guarantees or warranties about up-time.... Read more »

1 Answer | Asked in Employment Law for Florida on

Q: What is my responsibility if I’m hired under a 10-99 and my employer over-paid me $10,00+?

Am I required to pay it back?.. also they just over-paid me again just not by as much. If I am required to pay it back then what action is the legal way? They are wanting to take it out of my check every week writing me a receipt and/or I have to go withdrawal it from my Walmart card/Greendot... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

If you were overpaid your employer has a perfect right to take it out of your future pay checks.

1 Answer | Asked in Employment Law for Florida on

Q: do i have the right to participate in a HR investigation before discipline is imposed if accused of work place bullying

At will employer

Bruce Alexander Minnick answered on Apr 30, 2019

Yes; your employer cannot fully investigate the complaint without "involving" you. However, you are NOT entitled to sit in on any interviews with the complainant or the witnesses.

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on

Q: Can I sue my employer for treating me different from everyone else?

He gives everyone overtime except me. I have a set schedule since I started there 2 years ago because I work two job. All of a sudden he cut my hours and tell me " you have to work a night shift them we can talk about getting your hours back" am the only one he does stuff like that to.. I was due... Read more »

Terrence H Thorgaard answered on Apr 15, 2019

No, your employer is not required to treat you like everyone else, unless he is treating you differently on the basis of race, religion, ethnicity, sex, or other such classification.

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1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Florida on

Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?

My name is on this form several times. Not only did he share my medical information but used me as a example of what happens if you fail a drug test. Slandered my name. No one ever fired me properly either. I was never contacted by the owner. The general manager just texted me and said "dont come... Read more »

Bruce Alexander Minnick answered on Apr 10, 2019

Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees... Read more »

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