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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Is it legal to require an employee that is out on disability to attend mandatory training.

When I told them I had to see what the doctor said they told me if I did not attend that basically I could not return back to work for them

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 5, 2019

Like many people in Florida, you are under the misunderstanding that your doctor's opinion about your alleged health problems somehow controls everything your employer wants to do. It does not.

Being out on short-term disability may be appropriate in your situation; but it does not...
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1 Answer | Asked in Employment Law for Florida on
Q: After receiving long term disability, my job threatened to fire me. I came back and lost my benefits and they fired me.

I had an injury that required me to be out of work for about six months. I received long term disability benefits from my employer. I was then told that I had to return to work by a certain date or my position would be terminated. I went back and three days later was put on inactive employee... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 4, 2019

If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... View More

1 Answer | Asked in Employment Law for Florida on
Q: What Is the statute of limitations on collection of unpaid work for chapter 558 31 - 76. (2) (b)?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 2, 2019

Florida has three different statutes in two different chapters: 2 years, 4 years or 5 years. The federal statute is 4 years.

1 Answer | Asked in Employment Law for Florida on
Q: Pensacola, FL - How enforceable are non-competes in FL?

Basically what I signed says I can't do anything similar to what I did there (healthcare licensing) for 3 years anywhere in the country. I am now a healthcare recruiter for an anesthesiologist group and have been for a little over a year. Although it's not licensing, it does follow a... View More

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

In my professional opinion the non-compete is unenforceable because of the scope (entire nation)--however, if the job is an identical position to your previous job, within say 40 to 50 miles of where you work now, you may have a problem. Hire an employment lawyer to defend you.

1 Answer | Asked in Employment Law for Florida on
Q: Is it illegal for an employer to deduct money from an employee pay check without consent for a company claimof overpay
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 28, 2019

No, it might be a mistake--but it is not illegal. Unless you already know that you were overpaid you should talk to the payroll department and try to find out what happened.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Florida on
Q: Can I sue ADP for damages due to garnishment errors?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 26, 2019

Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the filing fee and then pay another hundred bucks or so for service of process. Finally, if a court of law... View More

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
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... View More

Bruce Alexander Minnick
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...
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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
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
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... View 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
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... View More

Bruce Alexander Minnick
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... View 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... View More

Bruce Alexander Minnick
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
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... View 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... View More

Bruce Alexander Minnick
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... View 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
PREMIUM
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... View 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
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... View More

Bruce Alexander Minnick
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.,... View 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
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... View 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
Bruce Alexander Minnick
answered on May 13, 2019

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

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