Get free answers to your Employment Law legal questions from lawyers in your area.
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

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... View More
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

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

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.
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

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.

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.

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

answered on Jun 24, 2019
Say what? Your very short question cannot be answered without many more facts.
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

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... View More

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
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 .

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
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

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
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

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.
Working for publix

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
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

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
What am I suppose to do?

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

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.
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

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
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.

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

answered on May 13, 2019
This is not a legal question. Ask the HR department where you work.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.