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Florida Employment Law Questions & Answers
3 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Is there a way to get my employer to tell me what I was accused of, by a third party, to be terminated?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2022

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

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1 Answer | Asked in Employment Law for Florida on
Q: Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature?

Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature? It is my understanding that as long as the date on the seal was valid at the time of signature the notarization is good indefinitely. Is that correct? If so, will you please tell me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Florida Statute 117.01 through 107.08 generally concern notaries public. No statute suggests that a notarial certificate is not "good indefinitely"; that would be absurd because no deed, will, etc. would be good for more than a few years.

1 Answer | Asked in Employment Law for Florida on
Q: I worked for a doctor who is quadriplegic. I worked a month for him as his Aide, and he refuse to pay me. What can I do?

I work 6 days out of the week sometime 7, I live in Fort Lauderdale, he used to live in Aventura and lives Miami about month now. I put over a thousand miles on my vehicle in a month time, to get him up, fed, pick his meds and do his shopping. He claims I abandoned him because I had a dental... View More

Linda Liang
Linda Liang
answered on Apr 15, 2024

You can either talk to him when he is calmer and get your pay, or you bring him to small claim court. The latter cost money.

1 Answer | Asked in Employment Law, Workers' Compensation and Wrongful Death for Florida on
Q: husband died at work I hired firm all info on the case/firm were destroyed. How can I find case info again

The company he worked for was bright future electric in Bradenton Florida his name was Ezra gross he died on 11/10/23 my name is Amy gross my birthday is 7/12/78 I have no idea what the law firms name was the only thing I can barely remember is I think they were based out of Miami area

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2024

Contact the clerk of court for the county where the case was filed and ask for information concerning the case (probably your name vs. Bright Future Electric).

1 Answer | Asked in Employment Law, Business Law, Constitutional Law and Employment Discrimination for Florida on
Q: The person who interviewed me for a position ended up being the person who accepted the position. She never disclosed it

I interviewed for a position at a company in Florida. The person who interviewed me later in the process that they had decided to hire someone internal to fill the position. She accidentally accepted my LinkedIn request and 2 months after I interviewed she changed her position to state that she had... View More

James L. Arrasmith
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answered on Mar 10, 2024

While the situation you described may be unethical and unprofessional, it is not illegal.

1 Answer | Asked in Employment Law for Florida on
Q: Am I entitled to pay for suspension turned into unpaid leave after being exonerated of alleged misconduct?

I work as a maintenance technician at an apartment complex.

On Thursday 18th January, iwas placed on 3 days suspension pending the results of a drug screening. I was out from work for 6 days. On Wednesday 24th I was told by the HR manager that I was infact on unpaid administrative leave. At... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

Generally speaking, if you’re working for a private employer, they can do what they want. If you had a contract at guaranteed you income, then I think you have a potential claim.

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

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

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I feel I have been harassed due to FMLA/accident or a sexual harassment case that is over now.

In the beginning/middle of last year I had a sexual harassment claim against the CEO of the company I work for. He was a predator. He harassed 2 other women before me and they were given a gag order and paid. He should have been fired then and wasn’t. I got it worse. I didn’t want this... View More

Kevin Sanderson
Kevin Sanderson
answered on Jan 21, 2024

I do believe this is worth following up with an attorney on.

1 Answer | Asked in Employment Law and Health Care Law for Florida on
Q: If the LLC members besides yourself are over the age of 65, is the LLC eligible for group health insurance?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 29, 2023

That would be a question for an insurance agent.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can i join the aryan freedom network and be at risk of being fired from my job if the job doesn’t like the belief system
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 26, 2023

In general, yes. Employment is normally at the will of the employer.

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was involve in a roller accident early morning driving a semi due to a blown tire company will not give me details.

I did drug test alcohol test but still was terminated. Trailer roll over I follow all instructions and directions. They still will not tell me why I was terminated. They said it was best to part ways because of insurance liability. I received no tickets. I Had minor left shoulder pain. No tickets... View More

Angelo "Tony" Marino Jr.
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answered on Dec 4, 2023

You are entitled to workers' compensation benefits if you sought or seek medical attention and are unable to work. You should contract an employment lawyer in your area.

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1 Answer | Asked in Employment Law for Florida on
Q: Someone gets hurt at work (rotator cuff requiring surgery). Is employer required to pay lost wages until return to work?

Doctor put "no use of left arm and no driving." It is illegal to drive with arm in a sling in Florida. Person cannot move arm to dress correctly for work (food service), cannot put hair up in hair net, cannot even tie shoes, yet the employer is saying that person can work and can be... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

Yes, that person would be entitled to a substantial portion as defined in Florida Statute 440.15 (2) of his or her lost wages.

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: What percentage of shoplifting cases go to trail in this city
Jonathan Blecher
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answered on Sep 5, 2023

Statistics show in any area of law, the number of cases that are tried are minimal. It is possibly only one percent.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Florida on
Q: City Official - Ok to write recommendations under name of town A using position of town B?

Is it legal for a City Official working for 2 different neighboring towns in different positions, to a write an official recommendation/inspection in the name of Town A using his job title of Town B? With the official header head and seal of City A he does not currently hold said position in and... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 26, 2023

Your inquiry begs the question of, why is it a problem for you? The answer to your inquiry probably depends on whether Town A officially permits him to do that.

1 Answer | Asked in Employment Law for Florida on
Q: I want to know if I entitled to overtime if Im titled as a salaried exempt employee. (Manager title. )

I work overtime daily and even the weekends. My title is manager but my duties do not reflect the title. I have no Managerial responsibilities at all. I “ supervise “ 3 employees, but have no say in hiring or firing. I am basically the same, but I have a title and am exempt from OT.

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

Your title, as a manager, has no bearing on whether you’re entitled to overtime under the fair labor standards act. The question is whether you meet an exemption under the law based upon facts. For instance, if you are a salaried employee and supervise two or more full-time employees and direct... View More

1 Answer | Asked in Employment Law for Florida on
Q: Do I have to pay back relocation money if I stay with a company but relocate elsewhere on my own dime?

I relocated from CA to FL for a job. The contract states relocation $$ must be paid if you leave the company within 2 years. If I stay with the same company but move home to CA and continue to work for them, do I owe them the reolcation money still? The company has offices in both CA and FL.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 16, 2023

No, assuming the text of the contract doesn't provide otherwise, you don't have to pay it back.

1 Answer | Asked in Employment Law for Florida on
Q: I have a relocation offer from my employer. Are they allowed to contact my landlord to verify?

I need to provide a copy of my lease agreement before payout, which is fine. But is my employer allowed to contact my landlord to verify the lease?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 2, 2023

If the terms of the relocation offer are that the employer will pay off the lease, how else is your employer to determine you are being accurate about the payoff amount? Without coordinating with the landlord, the employer risks a double-payment.

1 Answer | Asked in Employment Law, Business Law and Construction Law for Florida on
Q: Can we recoup damages?

We had an independent contractor help us at a daily rate. We own a handyman business and needed an extra set of hands. He botched the job significantly and caused property damage to our home and property. Our truck has overspray all over it, drive way is covered in paint, mailbox covered in paint... View More

Jane Kim
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answered on Jun 30, 2023

Yes, sounds like you may have a claim for damages. The question is- how much? It may or may not be worth hiring a lawyer.

Good luck.

1 Answer | Asked in Libel & Slander, Employment Law and Civil Rights for Florida on
Q: My crew lead kicked me off the crew and sent a group chat photo of everyone getting 9 hours and me getting 6.

They have never done so before and if they do send the hours they send it individually. I feel like this was a form of embarrassment and invasion of privacy.

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2023

Your phrase, "photo of everyone getting 9 hours and me getting 6" is not understandable. I suggest you post an inquiry with a few more details to explain that.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: In the state of florida, can an employer with hold your pay after you quit until you sign a termination letter?

My employer stated this:

Regarding your final pay, your next paycheck will be deposited directly into your account, and your last paycheck will be available for pickup at the office.

We kindly request that you come to the office to collect your check and sign the termination... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 15, 2023

They don't have to pay you electronically (unless an employment contract provides otherwise), so go to the office, collect the check, and, if you like, refuse to sign the letter.

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