Get free answers to your Employment Law legal questions from lawyers in your area.
I am an employer that has a 14 year old employee. My Business is a pressure washing company, that also has the capabilities of roof cleaning. I have reviewed child labor laws and have learned he cannot work on roofs. Are there any other limitations to what he can or cannot do?
answered on Dec 22, 2019
Yes there are many things you cannot do. Contact an employment lawyer before doing anything.
at my current job, I was required to sign a protective covenant agreement that has a non-compete clause that is pretty broad, stating that I cannot engage in any business line that I've been working in over the last 24 months for a period of 12 months anywhere in the US as it's a national... View More 
answered on Dec 22, 2019
IMO, you should wait until everything new going on is completed, put into place and up and running before worrying about what might happen if you go elsewhere someday.
answered on Dec 19, 2019
There is no law that prohibits employers from withholding pay to reimburse the employer for damage caused by the employee; however, if the result of such withholding that employee's rate of pay drops below the minimum wage the employer can get in big trouble.
answered on Dec 18, 2019
Misclassifying employees as 1099 independent contractors is a common tactic used by employers to avoid various expenses, including taxes, unemployment and workers's compensation costs and overtime compensation. Changing you to a W2 is not illegal, nor is reducing your pay. The real question is... View More
Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? Thanks
answered on Dec 11, 2019
The short answer is that she likely was entitled to overtime from the beginning of her employment, assuming her primary job duty did not involve teaching. The long answer requires an analysis of multiple compex issues under the FLSA. First, it is true that effective January 1, 2020, the salary... View More
Employer located in Florida. Employee in Florida
Employee is on employer sponsored medical insurance
Employer has paid both employee and employer portions of medical insurance premiums during FMLA leave
We are in open enrollment right now.
The questions that we have:... View More
answered on Dec 4, 2019
The purpose of this free legal advice forum is to provide a convenient place on the web for individuals who have simple legal questions to ask lawyers who volunteer their time to do so. If you are an employer and have a viable business IMO you should have a lawyer on board to answer these important... View More
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... View More
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.
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
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>
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.... View More
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.
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....
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.
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?
answered on Nov 25, 2019
Probably not unless the 13 filing is occasioned by some wrongdoing or otherwise.
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".
answered on Nov 21, 2019
Yes, in Florida your employer can fire you anytime for any reason or even for no reason.
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?
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.
We have been told 1/1/2020 switch over to GOB but have heard rumors it could be 12/1
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.
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... View More
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... View More
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.
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... View More
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... View More
Investigation I was told that I have to resign or never work as firefighter ever again what legal rights do I have
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... View More
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.
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... View More
He's in hospital with 2 broken vertebrae, Broken foot and face bone.
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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