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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Was told i resigned,no,asked me to bring training material in & 2 polo shirts, I asked sign sign they got,took my letter

And gave me a copy, signatures don’t match, and wouldn’t look at property I brought in, just told me to leave on a file cabinet, unsure if can be trusted ,employee witnessed and my spouse.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2020

Take a picture of everything using your phone.

2 Answers | Asked in Employment Law for Florida on
Q: I'm a Jew, & I was fired from my job because I had to take VTO to assist my Elderly Rabbi to prepare for COVID19

I'm a Jew, and I was fired from my job because I had to take immediate VTO to assist my Elderly Rabbi to prepare for the COVID-19/Coronavirus Pandemic. I informed them it was a religious obligation and essential that I abide by it due to my faith. I was told that didn't matter and that I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 13, 2020

It appears that you were NOT fired because of your Jewish faith. The employer says they fired for not giving notice and for not requesting PTO or sick leave before you left the job. If that is so, then your employer has done nothing wrong. Why? Because Florida is an “at will” state, which means... View More

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1 Answer | Asked in Employment Law for Florida on
Q: My husband works for a dealership, he bought a car from another dealership and now faces termination

He’s worked there for 6 years, we bought the car this weekend, they already completed furloughs. His department already made the required cut. Today they are angry have flat out told him to return the car and are planning a meeting tomorrow to discuss whether they can “afford” keep him covid... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 13, 2020

Yes, they can fire your husband. 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 these... View More

Q: Do I have anything to worry about concerning a dismissed lawsuit?

A lawsuit comprised of several defendants, which were sued in China was brought to the US courts. Due to international law, the agencies in the suit could not get sued, causing the dismissal of the complaint. There's no sign of employment other than 'wrongful termination' and the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 11, 2020

This is the second time you have asked this question, only slightly different. The answers you received the first time have not changed.

2 Answers | Asked in Employment Law for Florida on
Q: As an exempt, salaried employee can my employer reduce my salary without reducing hours or expected output?

No disciplinary action

No unapproved time away

This is in response to maintaining the organization's cash position in response to covid-19

This action is being levied against several hundred salaried employees.

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 8, 2020

Unless you have an employment contract or collective bargaining agreement, your employer can reduce your salary based on these extraordinary circumstances. If the salary falls below $684 per week, you may he entitled to overtime compensation.

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3 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can you be furloughed if you are on fmla like me?Of 4 managers in my department, I was the only one furloughed.

I am on approved intermittent fmla from my company ( a large publicly traded one) to take care of my elderly mother. I would come in to work about 2 hrs later than regular start time daily to care for my 94 yr old mom before her caregiver arrived. We had been working from home for 2 weeks due to... View More

Alberto Naranjo
PREMIUM
Alberto Naranjo
answered on Apr 8, 2020

This can be a violation based on the facts provided but it will depend on why the picked you and not the others, if it is due to the FMLA, that would be a violation of the law. Getting an attorney involved early on will increase your chances of a better outcome and you can review all the facts to... View More

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1 Answer | Asked in Employment Law for Florida on
Q: My company gave me a choice to work or stay home, can I collect unemployment. Are state is in a stay at home order
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 6, 2020

The stay at home “order” does not mean you get to go home and get paid. Your employer will explain this to you if you ask. And depending on several facts you may or may not be able to get unemployment benefits.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: For a minor working in the fast food business, Will he or she get fined $500 for working 35 minutes after their shift?

Like they were working on prepping for the day (during the corona virus outbreak) and their manager said there will be a $500 fine. Is this correct?

Kevin Sanderson
Kevin Sanderson
answered on Apr 4, 2020

I've never heard of such a thing.

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1 Answer | Asked in Employment Law for Florida on
Q: Can I claim unemployment benefits in Florida if I am the President of an S Corporation, but the business has been sold?

I had 100% ownership, and was the only officer, of the corporation that was operating under a DBA. I paid myself a salary as a W2 employee. I sold the business in October, 2019.

The corporate entity is still active under my name, but it's not operating any business. 100% of the assets... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2020

The answer to your first question (which I think you already must know) is NO. (Query: If you sold the business in October how do you now claim you own 100% of the business?)

The answer to your second question is MAYBE. Too early to tell.

2 Answers | Asked in Employment Law for Florida on
Q: I work at a Child Care center in Pinellas Co. Florida. We are not following the Safer at Home order. I brought it to

my bosses attention and she said it’s recommended but not the law. So do we have to follow it?

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

I'm not sure what you mean by "the Safer at Home order". The governor signed an order yesterday which essentially requires everybody to stay at home unless engaged in necessary services or activities. Review that to determine of an exception applies, because it's not just... View More

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3 Answers | Asked in Employment Law for Florida on
Q: What if you work for an employer that is considered an essential business and...

What if you work for an employer that is considered an essential business and you work in close contact with other employee's and there is not adequate safety protection like Masks, Gloves, disinfectant, can you refuse to go to work, if the employer refuse to provide the safety items?

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 2, 2020

If you believe working conditions are unsafe or unhealthful, you may file a complaint with OSHA and ask for an inspection. It is illegal for an employer to retaliate against you for filing an OSHA complaint. Moreover, if an employee has been advised by a health care provider to self-quarantine due... View More

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2 Answers | Asked in Employment Law for Florida on
Q: Yesterday I was told I’m being furloughed due to Coronavirus. I am 8 months pregnant - does my job have to honor my LOA?
Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 1, 2020

If you were singled out for furlough while other non-pregnant employees were not, the company may be liable for discrimination. You may also qualify for unemployment benefits. Moreover, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law,... View More

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3 Answers | Asked in Employment Law for Florida on
Q: Im a salary paid director of a child care in clearwater, FL The business temporarily closed Coronavirus do they pay me?

I have been paid on a salary basis for at least ten years now they do not want to pay me due to covid19 closure

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Apr 1, 2020

In the absence of an employment contract or collective bargaining agreement, a company may cease operations due to business necessity caused by the pandemic and not pay employees who are not performing work. You may be eligible for unemployment benefits. On the other hand, if the purpose of... View More

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2 Answers | Asked in Employment Law for Florida on
Q: My wife was sent home from her job without pay due to a positive COVID-19 test result at my hospital. Is this legal?

I work in a hospital and do not have direct contact with an patients. We recently had a positive test result at the facility, and the patient is already discharged.

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Mar 31, 2020

It is legal for an employer to take reasonable actions to protect the health and safety of its employees and customers. However, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of... View More

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1 Answer | Asked in Employment Law for Florida on
Q: I was recently laid off from my job. The reason that was stated was force reduction

My job was posted on the Company website 5 days later. I was not even given an offer to keep my job but at a lower rate of pay. 3 people were laid off, myself being one of them, the only person that was given the opportunity to stay on was the executive assistant, he took a pay cut. It seems like... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 30, 2020

It sounds like your employer is trying to take advantage of the national health crises to get rid of senior employees by "laying them off" (which BTW entitles you to file for unemployment benefits).

So, if you feel you have been discriminated against by actions of your employer,...
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1 Answer | Asked in Employment Law and Public Benefits for Florida on
Q: I was denied for unemployment because I quit my last job......but....

The end of Oct 2019 I was forced to quit my job at Pollo Tropical in Sunny Isles due to being evicted, my car being totaled, and having to move to my mom’s in Hollywood. I had spoken with my employer regarding the strong possibility I would need to transfer because I was on the verge of losing my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 25, 2020

If you make your unemployment insurance claim, chances are that you will be deemed to qualify.

2 Answers | Asked in Employment Law for Florida on
Q: Can my work repeatedly change my weekly schedule in florida?

I work as a fabricator in volusia county, fl and my work has changed my weekly schedule from four 10 hour days to five 8 hours days and back within a year. They are talking about returning to five 8 hour days again after only two weeks with little notice. Are they legally permitted to keep changing... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 25, 2020

The Fair Labor Standards Act is the federal law governing employee wages, but it doesn't provide much guidance or protection here. Employees are not guaranteed a certain number of hours to work, and the FLSA does not impose any restrictions on the scheduled hours adult employees are permitted... View More

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1 Answer | Asked in Employment Law for Florida on
Q: Due to the Coronavirus my office is open for emergencies only (dental). Can they legally refuse to pay my accrued PTO?

I normally work 36 to 40 hours which is considered full-time cut down to 16 hours approximately.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 24, 2020

Yes, because giving employees the gift of PTO is not required by Florida law. Be happy you still have the job.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I resigned from my employer, a large engineering firm, and they refuse to pay me for my last weeks of work.

The amount could be settled in small claims court, but I am unsure where to make that claim, my local office location (Orlando), corporate HQ office (Dallas), or payroll processing office (Pasadena, CA). Would an attorney help me for less than $10,000 owed.

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Mar 24, 2020

This is a type of matter for which an employment attorney could help you. Often these disputes can be resolved prior to filing suit. If not, your actual place of employment generally is the correct jurisdiction. There may be other issues, so you should probably speak with an attorney.

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