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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Small Claims for Florida on
Q: Is there any reason I would be exempt from my bonus?

1.8 years ago I referred an employee to my company during a referral bonus promotion, 5K after three months of her employment, and another 5K after one year. She was hired and started work last Sept. I received the 5K bonus after 3 months (but had to “nudge” the regional director and payroll to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2022

Yes, without looking at the paperwork, it looks like you will be entitled to the additional $5,000 on September 15th.

1 Answer | Asked in Employment Law for Florida on
Q: Is the pay structure and employment status my company is using legal?

I work for a tile installation company. Several months ago my boss made me a “subcontractor”. He told me I needed no license or anything, I would be payed per job, and by the square foot when the jobs were completed. Since then he has flopped back and forth between hourly and by the job pay, I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 27, 2022

If everything you say is true about this horrible employer, you will help yourself greatly by looking for another better job...now.

Your fear of not being paid for some of the work you have already done is one of the ways this employer keeps you stuck where you are.

Warning: Your...
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3 Answers | Asked in Employment Law for Florida on
Q: Do I have a legal recourse for being fired from my job while I was on leave? I was with my father while he was in ICU.

I was employed with my employer for about 5 months. During my time there I was constantly being harassed by other employees then being called into HR and accused of the same. Last week, I went on emergency leave to go up to TN because I found out that my father was having heart surgery and was in... View More

Jay P. Lechner
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Jay P. Lechner
answered on Aug 21, 2022

First, if the company honestly fired you based on "a finding that you were harassing other employees," then you have no case. Second, if the company's reason for termination is false and you were really fired for your complaints of harassment, the next questions would be "was... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Is there a time frame in which an employer has to send an injured worker to be seen by a doctor?

I was injured on june 9th and was finally sent to a doctor on june 14th

Domenic J. Celeste
Domenic J. Celeste
answered on Aug 10, 2022

Unfortunately, there is no specific timeframe to be sent to a doctor. 5 days after the date of accident may seem like a long time, but I've seen way longer. Delays in medical care are typical under work comp, even though the Statute says your benefits should be provided quick and efficiently,... View More

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1 Answer | Asked in Employment Law, Copyright and Trademark for Florida on
Q: Statute of limitation on company claiming ownership of my work?

I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... View More

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 9, 2022

Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Is it legal for an employer to deny a promotion to a different dept simply because their current dept is short staffed?

Although a different department wanted to higher my colleague, which would have been a promotion for her, the supervisors in my colleague's current department told them not to hire her because they were currently short staffed in their department and didn't want her to leave. The staffing... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2022

Sure, it's legal, PROVIDED that the reason given for denial of promotion is not a pretext (that is, a fake reason) to mask an unrevealed reason that is prohibited by law, such as the laws prohibiting certain types of discrimination and retaliation.

1 Answer | Asked in Employment Law for Florida on
Q: Can my employer require me to take an unpaid lunch at a certain time and not permit you to leave the building

Job forcing lunch at 2am while having a policy in place that they can terminate you if you leave the building between 12am and 4am. There is no way to get food and I don't have time to bring food

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 2, 2022

Employers can require breaks for any purpose, whether it's labeled as a meal break or not. These breaks can also be unpaid if they are for 30 minutes or longer. However, if you still have to perform work during this break time, then you are not considered to be fully relieved of your duties,... View More

1 Answer | Asked in Personal Injury, Sexual Harassment and Employment Law for Florida on
Q: I’m in Florida, I was sexually assaulted by the owner of a large company about 10 years ago and was threatened not to ta

Can I do anything about it now

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2022

Sorry to hear about your ordeal. In answering, I am assuming that you were an adult at the time. For criminal investigation/prosecution, contact your local law enforcement agency or State Attorney's Office (felony intake). You may or may not be beyond the limitations period for criminal... View More

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: being sued for non compete after terminated from job in florida
Charles M.  Baron
Charles M. Baron
answered on Jul 25, 2022

The Justia site is for asking questions about legal issues. You simply made a statement about being sued, without asking a question. Was your intent to see if any lawyer out there would be interested in taking your case? If so, what you need to do is click on the Find-a-Lawyer tab on the upper... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I work for a church in the state of FL. Is the church permitted to terminate my employment based on my marriage status?

I have been employed with this organization for eight years, have always provided excellent delivery. My boss recently found out I had an affair, at that time I was given specific stipulations for continued employment based on the understanding that the moral code of the church had been broken when... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2022

Under Section 760.10 of the Fla. Civil Rights Act, it is generally unlawful to terminate an employee based on marital status (for example, if someone decides to get a divorce); however, the law exempts religious institutions as follows: "This section shall not apply to any religious... View More

1 Answer | Asked in Employment Law and Environmental for Florida on
Q: Do I have any legal put to stand on

The kitchen I work in is continually over 90 to 99゚ according to osha that's too hot what actions can I take

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2022

The first step is to request the employer to comply with the OHSA safety standard and to keep a paper or electronic trail of written communications about the issue. If the employer fails to comply or fires you for raising the issue, immediately seek a consultation with an employment law attorney... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am the girlfriend of a general manager of pizza franchise the district manager is refusing to promote me

The district manager says that will never happen me being promoted because my boyfriend is the general manager...

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2022

And your question would be do you have a right to be promoted? Generally, no, not at all.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it Illegal for a district manager refuse someone a promotion if their boyfriend is a general manager of a restaurant
Charles M.  Baron
Charles M. Baron
answered on Jul 11, 2022

Your inquiry is not very understandable about the facts of the situation (such as, is the general manager the boyfriend of the "someone" or boyfriend of the district manager?), but, in any event, if you're talking about a private company, no law requires it to have some logical... View More

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Employment Law for Florida on
Q: Can portable fans be used in food preparation areas
Charles M.  Baron
Charles M. Baron
answered on Jul 4, 2022

This would be a question to ask a government agency overseeing restaurant and grocery store food prep conditions. Inspections are conducted by the Fla. Dept. of Agriculture and Consumer Services, and regulations are imposed by the Fla. Dept. of Business and Professional Regulation. This website... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Business Law for Florida on
Q: As a single owner construction company LLC, are my personal assets at risk of I lose in court.

My company was setup as a multi owners over the years, my wife and my son were listed also but I changed it only myself to be listed as owner when I renewed this year in April.

I am not sure which way was safer to have it as a multi owner or single owner.

A former guy that worked... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2022

If he is suing the LLC, and not you, it appears that he is not attempting to go after you personally. That's what "LLC" means, "limited liability company"; in other words, you are not personally liable for the debts of the company.

Depending on the circumstances,...
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1 Answer | Asked in Employment Law for Florida on
Q: Performance Review, can the employer refuse to give the employee a copy after initials given acknowledging the review?

I disagreed with the Supervisors assessment scores, but acknowledged the review with my initials.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 28, 2022

Yes. Your initials on the review acknowledge only that its contents were reviewed with you, not that you agree with the review or were provided a copy of the review.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: The insurance company won't rehire me back as a 1099 contractor and wont release why.

I was hired by a TPA company called CRU as a 1099 adjuster. CRU contracts with a big insurance company called Citizens which is a state-run govt entity. CRU contracted me to run claims for Citizens as 1099 adjuster where CRU gets a part of the money paid to me from Citizens for each claim... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 26, 2022

Much of Citizens Insurance records are public record which must be produced pursuant to a public records request - see https://www.citizensfla.com/other-documents I don't know if records pertaining to hiring or contracting decisions are exempt from the public records law - that would take... View More

2 Answers | Asked in Employment Law for Florida on
Q: My contract states I’m at will employee that me or the employer can end the relationship at anytime without notice . Il

I provided 2 weeks as I have to relocate living situation 400 miles away. Employer is threatening me with lawyer if I don’t give her 30 day notice. Nothing in contract states I have to provide 30 days . What do I do ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

Go ahead and relocate. What part of the contract (or the 14th Amendment, for that matter) doesn't the employer understand?

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1 Answer | Asked in Employment Law for Florida on
Q: Is it illegal to split a 12 hour shift at midnight to cut overtime from one workweek to the next?

I work in a county job with 12 hour shifts, 7 to 7, and during day shifts hours are 12 a day, on nights every shift is 5 from one day then 7 the next day after midnight. At end of pay period night shift is missing out on about 7 hours of ot as a result, while days, working the same hours, gets... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 27, 2022

Most cities, counties, and state agencies abhor over-time and so will do everything they can to avoid having to pay it. The general rule is that overtime must be paid on all hours worked over 40 in a regular workweek. And if the employee actually works on any paid holiday, they are entitled to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: So I was descriminated against by another employee for my disability, instead of firing her, they moved her to another..

Department. Is there any recourse? On top of being targeted for other mitigating circumstances. Do I have a leg to stand on? Should I file an EEOC complaint or retain an attormey?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 20, 2022

If you feel you have been discriminated against by the actions of your employer because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status, pregnancy, or because you have a disability or feel you have been retaliated against... View More

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