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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: Should I get paid from the moment a phone call comes in for work to the moment my tasks are done???

I work from home on weekends an my job takes phone calls to find services techs to fix properties for businesses. Should I get paid every minute I am focusing on my job? As in waiting for techs to call me back , searching for techs online? I feel every moment I have attention to my job I should b... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2022

Unless your employer agrees to pay you for every moment you are lollygagging while waiting for the telephone to ring you are stuck with the employment deal you made when hired.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask about medical issues after job offer?

I was just offered a job as a new nurse practitioner. During the first interview he offered me a $500 bonus in a part time position at a clinic I really like. He requested a meeting to give me the bonus check and to sign the contract, but he threw down two additional stipulations (non- compete... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2022

Nothing this prospective employer did is unlawful. You are a nurse, so it is very important for the employer to know about YOUR health.

1 Answer | Asked in Employment Law for Florida on
Q: Is there ever any amnesty for civil liens? Probably probation costs. Florida. Impact of such a lien on employment.

I am a mental health professional asking for patient. Not familiar w aspect of FL law.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

Unless you are also licensed to practice law in Florida, you have no business advising your patient about Florida law. Refer your patient to an attorney. It is unclear, by the way, what you mean by your question. Is this a judgment lien, a criminal restitution order, or something else?

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is it legal to fire someone who has a medical condition without a given reason

My friend who is currently going through chemotherapy was apparently suspended without pay from the company we work for because they allegedly cited he smelled like alcohol when apparently he didn't and he was suspended for also taking medication .

Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2022

Florida is an at-will employment state, meaning that workers can be terminated at any time and for any reason (or no reason at all). However, if your friend suspects he was targeted for termination based on his medical condition, he should speak with a Florida employment attorney about disability... View More

2 Answers | Asked in Employment Law for Florida on
Q: i was arrested but wasnt charged. my employer fired me because it was on the news and social media. is that illegal?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 2, 2022

Yes. Why? Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to... View More

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1 Answer | Asked in Employment Law for Florida on
Q: Can I be fired during my 90 day probation period if I went to the hospital.

I work for my counties school district as a custodian I am still in my 90 day probation period. This Tuesday I was told it was ok to leave work to go to the hospital before being discharged I was told by the doctor at the hospital to not go back to work until the following Monday because they... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2022

As the head custodian told you, staying home until Monday" ... should be fine as long as [you] have the hospital paperwork ...". You are probably protected by the Americans with Disabilities Act.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a privet sector employer not hire you because of who your neighbor is

My neighbor is a ex employee

Charles M.  Baron
Charles M. Baron
answered on Apr 28, 2022

Depends on if the REAL reason for not hiring is discrimination based on one of the protected classes under the law, such as race, color, sex, age, religion, national origin, handicap, and some other categories. While there is usually no way to get hard proof of the real reason outside of... View More

1 Answer | Asked in Employment Law for Florida on
Q: Hi ! How does equity compensation work at a start up that offers it when you sign on but then gives you no further info?

When I signed my employment contract with the company I work for, my compensation package included about 5% equity in the company (25,000 class B shares). I never got additional information on this at all, just the compensation package I signed. What I signed said the equity is subject to board... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 22, 2022

The most common aspect of any "start-up company" is that the owners (those who own 100% of the common stock) work their fingers to the bone day and night, week in and week out, hoping that their (often unpaid) efforts will pay off.

The main job of the newly-hired employees is to...
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1 Answer | Asked in Employment Law for Florida on
Q: Can my company record me on video after work hours?

My company just installed dashcams that stay on for 10 minutes after the vehicle has been stopped. This means when I park my car at home for 10 minutes it can see everything I do even though I'm not using their vehicle or on the clock. Is there anything I can do about this?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 19, 2022

No, because the privacy provisions in the Florida Constitution do not apply to private employers or private businesses.

But even if they did, it would be difficult for you to prove your privacy was invaded because the only "invasion" was via a dashcam in a vehicle owned by your...
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1 Answer | Asked in Employment Law for Florida on
Q: Can an employing company sue you for damages if you are behind in your work as a reconciliation processor and resign?

I started working in reconciliation/accounting/finance about 1 year ago. About 6 months in, work started piling up due to a combination of other coworkers resigning and being designated as their backups, as well as the stress affecting my health. I slowly fell more and more behind in my... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2022

I am not an employment lawyer, but No, they must pay you for the time you work. If they do not like your work, they can always terminate you. They cannot sue you for damages for unsatisfactory or incomplete work, unless it is something criminal or fraud.

Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me

This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2022

There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.

1 Answer | Asked in Business Law and Employment Law for Florida on
Q: I think it is a bit of a con that Publix only offers their employees Publix's private stock rather than any perks.

Like instead of giving employees a 5% discount or something, you can invest in our company to be an "owner" of our private stock. Essentially forcing all employees to invest in the company. Even part timers have to work over 1,000 hours in a year to get enrolled into their stock... View More

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

This question does not relate to workers' compensation, which deals with work-related injuries.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is my employer allowed to require a mandatory unpaid 30-minute break in the state of Florida?

I currently work for a remote company and I reside in the state of Florida. I have been working for this company for a few months and the only break given was a 20 minute paid break for an 8-hour shift. They now sent out a form to sign stating that we must take a 30-minute unpaid meal break, even... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2022

Yes. Florida law does not require Florida employers to give employees any breaks, period. Some do, some don't. They get to decide. Why?

Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate,...
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2 Answers | Asked in Employment Law for Florida on
Q: Is being offended by a required skill set need grounds for discrimination?

A firm has writers who produce English documents and work with English-speaking pharmaceutical clients, and the authorities who approve their documentation also require these in English. A leader clarified in an email to the recruiting team what skills were desired and what skills were undesirable.... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 25, 2022

Exclusion from consideration for employment on the basis of not being able to communicate with the employer's clients is not employment discrimination. Nor is seeking applicants who can speak and write in a foreign language.

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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Can a work visa from the Philippines be transferred to a live in nanny/caregiver visa and granted to a family?

Philippine resident is here on work visa (with the public school system) that is due for renewal in August. We would like to hire this person as a live in nanny/caregiver as well as educational support for our son who is 3 and gifted, there is not an easy solution for his education at this time. We... View More

Agnes Jury
Agnes Jury
answered on Mar 15, 2022

It depends on what visa she is here on now. This is a type of question that is best addressed through a consultation with an experienced employment immigration attorney. You can find one here at Justia, Avvo.com or AILA.org. Best wishes!

1 Answer | Asked in Employment Law for Florida on
Q: I've been with Liberty tax 2 different owners for 8 years my recent boss loss his franchise because complaints of Sexua

Harressment another owner took over now im without a job is this legal

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 15, 2022

Unless the sexual harassment was against you I am afraid you are out of luck. Why?

Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at...
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2 Answers | Asked in Employment Law, Contracts and Business Law for Florida on
Q: Refused to sign a termination agreement, can I get in trouble?

I went to pick up my final paycheck after quitting a few days ago due to paychecks bouncing for myself and other employees multiple times in a row. When I went to pick up check the owner had a packet of paperwork saying termination agreement and asked me to sign it saying it was just for W-2... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2022

Good for you that you did NOT sign their release...

You have a claim against this employer for Worthless Check, which carries treble damages plus attorney fees. This is regardless if they made good on the check(s) later. That's probably why they wanted you to sign that document....
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1 Answer | Asked in Employment Law for Florida on
Q: Can I get fired for refusing to come to the office because of high gas prices? I can do my entirely job remote.

I live in tampa, FL and my employer is forcing me to come to work when I can’t afford gas. Can I stop coming to the office and do my work at home from my work laptop and not get fired. I love my job but I just can’t afford to drive to work. So my question is if I stop coming to the office and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2022

Yes. That's what "employment at will" means.

2 Answers | Asked in Employment Law, Business Law and White Collar Crime for Florida on
Q: Unjust Enrichment-gave up 50% of pay for share of incremental purchase price but then owners refused to pay.

As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2022

You can't be an employee at will and have an employment agreement.

Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly.

Good luck.

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1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Not sure if I can do anything about being told i have a job for 6 months & then I dont

Last Oct I interviewed with a company & was told as soon as I got my license to let them know! (My master captains license)

I left my job to go to school & as soon as I had it I let them know! I've been getting strung along since December, I have a voice mail & text... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 1, 2022

Unfortunately, Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to make any of... View More

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