It is likely closer to the $1,100.00 and not the $1,800.00.

There are a few ways to calculate you lost wages under workers' compensation. First is setting your average weekly wage (AWW). To do that, your earnings during the prior 13 weeks could be used. It sounds like you just started... View More

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... View More

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answered on Jun 1, 2023

Yes, it is possible for your friend to get in trouble if their employer has never asked them to fill out an I-9 form. The I-9 form is a federal form that all employers are required to complete for all employees hired after November 6, 1986. The form verifies an employee's identity and... View More

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... View More

Sounds like the customer committed a crime, or more than one crime (and is there a video to prove it?). You can report it to the police to see if they will arrest the customer for indecent exposure, etc. - but you may want to run that by your employer first. If the employer would terminate you... View More

An attorney likely needs to review the contract to compare it to the law. However, the first question might be whether you're really an independent contractor or whether you're an employee who has been misclassified. The answer to that could make a huge difference in your rights and... View More

Generally, no. In most states, employment is "at will". What this means is that, in the absence of a contract to the contrary, your employer doesn't need any reason to fire you. Florida is one of those "employment at will", states, so you wouldn't have standing to... View More

The Fla. Limitations period for negligence suit is 4 years from either the date of incident or from the time the damage was discovered. Either way, the time is probably up for an action based on negligence, such as negligent hiring or negligent retention. I say "probably" because this... View More

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answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... View More

There are no federal laws that require employers to offer any paid time off benefits. Under the Fair Labor Standards Act, employers are only required to pay their employees for the time they actually work. As a result, employers have a lot of discretion regarding paid time off policies if they... View More

If you're asking if you can sue simply because the termination was unfair or because it makes no sense, that reason alone is probably not sufficient to support a claim, other than a claim for Reemployment Assistance (unemployment comp) (if you qualify). In Fla., if you don't have an... View More

If your daughter is being harassed or discriminated against based on her race, she needs to bring this to the attention of human resources and/or her direct supervisor. After the supervisor is on notice, they have a duty to either separate the employees from your daughter, or discharge them. If... View More

Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work... View More

Are you an individual contractor, or you have a corporate or LLC entity? If you have an entity that is officially the contractor, you are required to have an attorney represent the entity in any court above small claims court, and if you don't have an attorney, the plaintiff will quickly... View More

Interesting question, actually. Florida Statute 501.022 requires such a permit but excludes minors (persons under the age of 18) from having to get a permit if they are under the supervision of a permit holder. But being a minor is not included in the grounds for denial of a permit. So... View More

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... View More

You should contact a Florida employment attorney to discuss this situation further, as this will be a highly fact-intensive situation. While the Americans with Disabilities Act permits you to request accommodations - including a position reassignment - your employer need not maintain your same pay... View More

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees... View More

As long as your hourly rate doesn't fall below minimum wage, and as long as your overtime rate is properly calculated, then there is nothing unlawful about this situation. However, you should consult a Florida employment attorney to ensure your overtime rate is being calculated correctly if... View More

Actually, I wouldn't plan on suing the employer. Employers generally can fire their employees if they want to; they don't need a reason. But if someone else defamed you, you might sue that person if, by taking the deposition of the former employer, you can learn the identity accuser,... View More