Ask a Question

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

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Employment Law Questions & Answers
1 Answer | Asked in Business Law, Employment Law and Contracts for Florida on
Q: Should I seek an employment or business lawyer for direct contract issues?

I work through a recruitment firm in Tampa, Florida, which facilitated my initial interview with an end client located in Glendale, California, in 2021 and handles my paycheck. In early 2023, after discussions with the end client, I proposed starting my own company to work directly with them, which... View More

Erik A. Perez
Erik A. Perez
answered on Mar 3, 2025

From my understanding of your explanation of the facts, this appears to be primarily a business dispute based on a breach of contract. There could potentially be some employment issues intertwined. I would recommend starting off by consulting with a business attorney that litigates these sort of... View More

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Q: How can I recover debt from an out-of-state authorized user?

In August 2024, I added a fellow service member in Florida as an authorized user on my AMEX Platinum credit card to help him build credit. We had a mutual agreement, documented through text messages, that he would pay the monthly balances. Initially, he appeared trustworthy, but he eventually made... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 17, 2025

I recommend that you retain a lawyer in the state in which your ex-friend resides to determine if you have a viable lawsuit.

1 Answer | Asked in Employment Law for Florida on
Q: As an SCorp hair salon, do I have to hire a W2 employee or can everyone be 1099?
Andrea Wheeler
Andrea Wheeler
answered on Feb 12, 2025

Workers classification should be based on the actual working relationship. Misclassification can lead to penalties, so it's best to have a lawyer review your specific setup for compliance.

1 Answer | Asked in Employment Law for Florida on
Q: What duties can a restaurant employee perform when all food is believed to be unsafe at the restaurant?

In this scenario, the mold on tomatoes has been cut off, but the remainder used for service. For other reasons, all the otherfood in the restaurant is also reasonable to be considered unsafe - cross-contamination with raw meat, individual dishes are clearly not fully cleaned (usually, when grabbing... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2025

The employee should get another job elsewhere.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: ADA case against a previous employer where they fired their att. What happens if they don’t get new att. by judges date

Current ADA where the defendant fired his legal council and was given a 60 grace period to find new council. The date is approaching in 7 days and new council hasn’t been hired. My case is solid, as in, I have verifiable texts from management stating their discrimination and also retaliatory... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2025

After the "grace period" has expired, ask the judge's assistant, by email, for a trial date or move for summary judgment. In either case, of course, you should copy the defendant at the last known address.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: How does a hostile work environment apply in a right to work state?

I was terminated. I submitted my appeal. It was obstructed by HR. I had to report them to the company speak up line in order to get my appeal hearing. After they were made to give me my hearing, they obstructed the determination. I again had to report them to the speak up line. My appeal... View More

Kevin Sanderson
Kevin Sanderson
answered on Feb 3, 2025

No, sex discrimination is illegal. It is not only one gender that can be discriminated against.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: My husband was recently laid off, and his severance package explicitly states that accrued time off will be paid

My husband was recently laid off, and his severance package explicitly states that accrued time off and his final paycheck will be paid. However, the employee handbook says accrued time off will not be paid, and HR is ignoring our inquiries. Since the severance package is a written agreement, is... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 24, 2025

It would appear that the severance document would control. The next step might depend on the amount owed. If they are ignoring your inquiries, you may have to contact them through an attorney.

1 Answer | Asked in Employment Law for Florida on
Q: Been at my job for over 4yrs now and he just decided to put up video and audio recording. I do not consent. Legal? In FL

Camera is a Ring brand with motion detection and obviously put up with duck tape even though he says it was installed by a technician. Camera points at rear/side door but can also capture me at my desk (it’s right above my head) I check patients out/collect payment and discuss personal patient... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 8, 2025

Your employer put up the camera at your desk at work? I don't see a problem with that; you have no legitimate expectation of privacy there. And neither do the patients. HIPAA doesn't prohibit your employer (presumably the health care provider for the patients) from recording... View More

1 Answer | Asked in Employment Law for Florida on
Q: Is it illegal for my employer to deny me the request to leave to take mother to E.R.

My mother who lives with me has been sick .today she called me at work to ask for a ride to the E.R. she was having real difficulties breathing . I asked both my immediate supervisor, and the one above him to leave and explained the severity of the situation. They both said no.

They let me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 29, 2024

No, your employer didn't violate any law.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would I have a case if I received a job offer by phone and then was told later the the offer was receded.

When I asked why I was told I’m no eligible for rehire with no further information however during my previous employment I was never put on any disciplinary actions

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 21, 2024

No, you probably would not have a case. Employment is normally "at will", which means that an employer does not need a reason to terminate your employment.

2 Answers | Asked in Constitutional Law, Consumer Law, Employment Law and Lemon Law for Florida on
Q: Bankruptcy Consumer Contracts Copyright Criminal Divorce DUI / DWI Employment Estate Planning
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 8, 2024

It depends on what you precisely need, most attorneys work in specialty areas, we usually handle estate planning and probate and business entity formation and related contracts, other law offices have other specialties and matters that they handle, some more and some less areas.

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: A patient at my job shattered my windshield while my car was parked on company property. Are they liable to pay?

The incident was witnessed by other staff. As well as it being recorded by my jobs security cameras. I’ve filed with my job and they are now telling me to go through my insurance. They have repaired other staff members vehicles but are refusing to repair mine. I do not want to file a claim... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2024

Apparently, you are asking if your employer, not just the patient, is liable. No, you have not suggested any negligence on the part of your employer.

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: FLORISA/SARASOTA CO.

Q: Is it illegal for home depot to post private photos and videos online without my permission? on a company web site than i was fired, as i gave no one consent and i like to sue for lost of income medical ins. and lost of bonus twicw a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

Presumably you were fired for some other reason, not because the company posted images of you online. So, whatever the reason for your firing, your lost income would not be a result of their posting of your "private" images. So, you have failed to indicate facts which would show that... View More

1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

1 Answer | Asked in Internet Law, Employment Law and Gov & Administrative Law for Florida on
Q: How to remove personal legal information about myself from internet
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

A Florida attorney could advise best, but your question remains open for a month. It's very difficult to remove personal information these days. There are companies that deal with individual privacy and security - you could reach out to them. Some of them affirmatively attempt to remove... View More

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: I need help with theft of wages. We haven’t been paid, and the guy offered to pay us in drugs

The guy we have been working for hasn’t paid us, and at one point had offered to pay us in drugs. There are 3 of us that haven’t been paid and his last statement was “have fun being homeless”. I have all the documents and previous payments as well as him stating what he owes each person. I... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 17, 2024

If you provided a service for this guy then he is certainly obligated to pay you. Hire an attorney to look into the details for you and provide you with guidance.

1 Answer | Asked in Business Law, Employment Law and Sexual Harassment for Florida on
Q: Hello I am currently about to go into litigation for my sexual harassment case against my former emloyer

Since the lawsuit has been filed in Florida state court can my former small business employer (over 50 employees but under 100 employees) have my case dismissed if he went out of business and is now doing business under a different LLC and a different owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2024

No, the former employer can't have your case dismissed simply because he is no longer doing business as before.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: What is the proper form and procedure to file for contempt in the US District Court Mid. Dis of FL TPA Division?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

To file for contempt in the U.S. District Court for the Middle District of Florida, Tampa Division, you begin by preparing a motion for contempt. This motion should detail the specific order that was violated, how the violation occurred, and the relief you are seeking. Attach any supporting... View More

1 Answer | Asked in Employment Law, Personal Injury, Tax Law and Workers' Compensation for Florida on
Q: FL landscaping company refuse to fix air conditioning in company vehicle for years suffering workers

Landscaping company refuse to fix company vehicle with no a/c these landscapers are already working in hot conditions but on top of that to get into a car that has been sitting in the sun and to drive to the next location every day with no a/c?? On top of that I reviewed pay-stubs and found out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2024

It sounds like you and your coworkers are facing some difficult conditions with the company's refusal to fix the air conditioning in the vehicle. Working in the heat all day and then having to drive without A/C can be very uncomfortable and potentially unsafe. You have the right to a... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am a salaried employee in FL. Can my employer reduce my hours and deduct my wages, if I am able and willing to work?

Until June 3rd, I have consistently worked well over 40 hours per week. I have been reduced to 15 hours a week starting on 6/3/24. This is because of a reduction in workload. I will resume 40 hours again on 7/22/24. As an exempt employee who is ready, able and willing to work, is it legal to... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

If you have a salary, not a hourly wage based employment, you should have been received the same salary. Make sure you have an employment contract saying you are a salaried employee.

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.