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My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... View More 
answered on Dec 8, 2022
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
My Dr. stated that I need to change my job role in my company due to medical issues that could worsen if I stay in the same role. The company I work for has been working to change me roles for two years (couldn't collect unemployment or disability for some reason). They called today saying... View More
answered on Dec 6, 2022
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
In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... View More
answered on Nov 27, 2022
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
I was told a very racist comment in front of few other coworkers, been sexualized multiple time at work, they pushed me to quit by the way they were treating, pretty sure made them happy since that’s exactly what he wanted, I’ve been treated extremely bad at that job and i need to know what to do.
answered on Nov 16, 2022
Remember your employer needs to have at least 5-15 employees depending on physical location for them to qualify for jurisdiction of discrimination laws. You are welcome to contact me.
Can my employer change my hourly pay rate weekly? My hourly pay rate changes every week based on the amount of hours I work which is usually 50-60hrs as a security guard. I am paid OT on whatever the new hourly rate is. Is this something my employer can do just constantly change my rate even if it... View More
answered on Nov 2, 2022
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
I was off site at the time of the incident, so I don't know what was said. My employer has also not given a reason for termination. What kind of lawyer would I need to find out what happened?
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
I'm a independent contractor working for a cleaning service for the past 3 months. The owner of cleaning service has paid me every Saturday for work completed. However, they just recently asked me to sign a non compete. I politely declined and resigned from my services. Now the owner is... View More
answered on Oct 31, 2022
This is a concern. You worked the hours in question and the non-comp was not a part of the agreement.
I have filed formal complaints with the administration and the administration simply does not respond - Yet, continues to place me in harms way wth duties that bring me in contact with this volatile student. who know feels empowered to really intimidate and harass me every chance she gets
Set Forth in the Scheduling Order re [22] Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge
answered on Oct 16, 2022
It sounds like you have filed a case, maybe in federal court and this is an early standard order. It is hard to navigate these by yourself. I would be willing to speak to you about your case. 941-444-1548.
They terminated me and gave me the reason “business is changing”. I never signed when I received my laptop and never signed anything when they fired me. Now they’re texting me saying that they want their laptop back.
I’m so sad that I got terminated without a valid reason and on... View More
answered on Oct 15, 2022
Unless the employer gave you (a very expensive) laptop to keep, you must return it.
You know perfectly well that you cannot keep a laptop that you do not own.
If your former employer wants to make more trouble for you, they will tell the police that you stole the MacBook Pro,... View More
Because he said that if I didn’t complete the work he assigned me by October 17th I’ll be fired
answered on Oct 12, 2022
A Florida attorney could advise best, but your question remains open for two weeks. You could try reposting and adding the categories Employment Law and Employment Discrimination. Some questions do go unanswered here but you might have better chances of a response under those categories. Good luck
I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... View More
answered on Oct 10, 2022
In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... View More
On the stub rate of pay says salary The hours for 2 weeks say 80 but the employee worked a 105 hours. The owner paid $6.98 for a 105 hours And the employee did not get time and a 1/2 for overtime
answered on Oct 5, 2022
Generally no. There are certain standards an employer must meet in order to prove their employees can be properly paid on a salary basis. If these standards aren't met, then employees must be paid overtime for all hours worked in excess of 40 in a week.
I am talking about a unemployment claim
answered on Oct 3, 2022
Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.
Everyone has their share of mistakes, we do not live in a perfect world. Out of my years of work, I have never had a manager use that statement, against me. She is an HR manager, I feel very uncomfortable now. She also gave me a warning, Just want to know if there is a solution for this.
answered on Sep 30, 2022
Hi: I'm sorry for your situation feeling uncomfortable by the HR manager at work -- I appreciate that frustration. If you feel uncomfortable, you can always voice that to a different individual within the HR department. Also, to be sure, the law would be triggered here if the HR manager said... View More
The employer didnt show for mediation, and after numerous request to show cause; the judge ruled they willfully failed to comply and found sanctions to be appropriate. He then ordered all defenses the employer may have had to the claims made striken and set a final hearing.
answered on Sep 23, 2022
If you are the claimant ("claimant" is spelled with an "a") you are closer to winning than you were before filing the claims. However, unless and until the Judge actually enters a judgment in your favor you are not out of the woods.
Was unable to defend my character as my new hired ED had terminated my position prior to a meeting set up that I sat for nothing. Their decision was already made. Executive Director stated she had documented proof of allegations of me bullying , threats made to staff and rumors and gossiping. I ask... View More
answered on Sep 23, 2022
It sounds as if you may have been fired in retaliation, but more information is needed. You mention information you learned some information you “shouldn’t have.” Does this relate to illegal activities or activities against company policy that could get management or co-workers in trouble? If... View More
The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... View More
answered on Sep 20, 2022
Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise... View More
Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... View More
answered on Sep 11, 2022
Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... View More
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