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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: Can I cash my check that is under my name only even if I have an active lien on me with the bank that my employer uses
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2022

Maybe you should clarify what you mean by "an active lien on" yourself.

1 Answer | Asked in Employment Law for Florida on
Q: I am a teacher who was fired after reporting a student accessing porn on a school-issued computer. Do I have recourse?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2022

Public school teachers generally have tenure and cannot be fired without cause. Was there some claim that you violated school policy?

2 Answers | Asked in Employment Law and Tax Law for Florida on
Q: Hi, I'm working for the restaurant since Nov 17th. I've got paid by checks, and my employer refused to give me W-2.

I signed W-4 on Dec 8th 2021. The employer said that she didn't take tax from my income, so she can't give me W-2. I told her i can send her tax to her and she still said she can't give me w-2. What can I do to get my W-2?? I need to file tax for last year to prove that I legally worked.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2022

Ask your tax preparer, but your tax return can report employment income even if you don't have a W-2. Failure to withhold employment taxes or to send you a W-2 (or 1099) is your employer's fault, not yours.

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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer in florida keep an employees tips until the end of the month and put the tips on the employees check.

We are not waiters we are a sandwich shoppe.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 14, 2022

Yes. In fact, unless you have a written contract your employer does not ever have to give you the tips. Why?

Because Florida is an “at-will” state, which means private employers are free to hire, establish your wages, change your wages, promote, demote, suspend, terminate, reinstate,...
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1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: Can I sue my job for negligence if my supervisor isn’t following mask mandates at work

He doesn’t wear his mask in close proximity to me and my fellow workers even though we have mandatory mask mandates at my job. He even allows some employees to ignore the same mask mandates.

Linda Liang
Linda Liang
answered on Feb 8, 2022

This is a tough one. Negligence means a person fails to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Whether a person should wear mask is subject to question. There is no fixed standard regarding this. Needless to say, you must... View More

2 Answers | Asked in Contracts and Employment Law for Florida on
Q: Question about non-competes...

I work as the sole IT person for a construction company in Tampa FL. When I started they made me sign a non-compete, which at the time I didn't really understand as it was my first "professional" job. I am now entertaining a job offer from a software vendor that provides various... View More

Linda Liang
Linda Liang
answered on Feb 8, 2022

You can't invalidate a non-compete agreement based on your lacking of full understanding of what it is. In the absence of intentional representation on their side and other unfair dealings, you have to honor it. However, your hope is that the new job position does not constitute... View More

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1 Answer | Asked in Employment Law for Florida on
Q: In Florida, can an employer force a salaried employee to work over 40 hours without offering overtime pay?

Can you be fired for refusing to work over 40 hours?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 4, 2022

Most "salaried" employees trade the right to earn a steady paycheck regardless of how many hours they work for the ability to earn overtime like non-salaried employees (wage earners) do.

However, each situation is different, so I cannot tell you for sure about your particular...
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1 Answer | Asked in Employment Law for Florida on
Q: FL contract: Clause G: This contract is at will and can be terminated with 90 days notice. Which prevails? At Will?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2022

Is the contract an employment contract? If so, It appears to modify the law that would prevail otherwise (employment at will) and instead give the employee the right to a 90-day notice of termination.

1 Answer | Asked in Employment Law for Florida on
Q: If I was fired from a job and the business was using my personal gmail for their google calendar, can I sign them out ?

I was fired from a job as a manager of a friends small business. The business is using my personal gmail account for google calendar. Am I obligated to stay logged into my personal account on google calendar for their use or can I sign out?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 1, 2022

You should reach out to the business and notify them that their business google calendar is still connected to your personal account. You can offer to provide them a few days to transfer over appointments to a separate business account, but ultimately, the account is yours, and you do not need to... View More

1 Answer | Asked in Employment Law for Florida on
Q: Got a list of duties to sign. If i don't sign, says I resign. Is this legal?

Can they make me resign this way or just trying to avoid firing me? The boss is my ex wife.

All the staff got a list of duties sheet and a sign here page. All got the same warning, in writing, refusal to sign means they resign.

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

You have two choices: Agree to the changes and sign or don't sign and move on.

1 Answer | Asked in Employment Law for Florida on
Q: Can my company force me to use a front camera facing me in the work vehicle when we never used one the 5 years i been

Here

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2022

Yes. Your employer can require you to do just about anything that's not illegal. If you don't like it you can quit.

1 Answer | Asked in Employment Law for Florida on
Q: My job is requiring vaccines for everyone. Vaccines were never mentioned in the job posting. Can they do this?

Not only were vaccines never mentioned in the job posting, but during the entire hiring process it was never mentioned. 3 days before my start date I get my “First day details” email, and at the very bottom it mentions that they require vaccinations for all their employees. I’m going through... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 28, 2022

Private employers can require vaccines, masks, and whatever else they want for all their employees and for all prospective employees. Why?

Because Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire...
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1 Answer | Asked in Employment Law for Florida on
Q: Is there any legal standing in florida as an employee to mandate masks worn at my desk and cubical when people enter it.

I work in a warehouse in the state of florida and was told to remove my signs requiring masks saying that I couldn't have them by my hr lady. We had about 8 people test positive this month and I can not get sick due to health reasons of my own, and for loved ones. I want to know my rights but... View More

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Jan 22, 2022

As an at will employee, you can't force other employees to wear masks but you have the legal right to voluntarily terminate your employment to remove yourself from your undesirable situation.

Alternatively, if you feel the company policy is unfair and adversely affecting the terms and...
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1 Answer | Asked in Employment Law for Florida on
Q: I work for a store in south Florida. My company is a large clothing retailer. Before the Supreme Court OSHA decision,

we were given an onboard vaccination status section to fill out by January 29. Besides the uploading of card and questions about dates of vaccine and booster for those who have opted to take vaccinations, there is a question for those who have not.

It gives 3 options to answer for why not:... View More

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Jan 20, 2022

Under Fla. Stat. § 381.00317, a private employer may not impose a vaccine mandate unless the employees are allowed to opt out on the basis of 5 separate reasons:

- Medical reasons (including pregnancy & anticipated future pregnancy)

- Religious reasons (including moral or...
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1 Answer | Asked in Employment Law for Florida on
Q: If I accepted a work from home position can the employer now force me to work at a location?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 8, 2022

Yes. Employment is at will. If your employer no longer wants you to work at home, you either take it or leave it.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would being terminated for Job Abandonment disqualify me from possible unemployment income?

I had made an accommodation request of my employers to relocate from IL to FL on account of my health being impacted by the environment in IL as well as my spouse relocating. Despite sending several emails making a plea to my director, manager and HR to the fact that I will be without a home if I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 7, 2022

As far as I know, job abandonment is a valid reason for termination and denial of employment benefits in Florida and most other states. But to be sure you need to ask a lawyer in Illinois whether that is the law in Illinois.

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Tax Law for Florida on
Q: Florida Unemployment Overpayment payback demand for continued PUA -i appealed and no response!

It says 'insufficent evidence' for self employment for the continued payments starting Dec 27 2020. It was good enough for 2020 but then not anymore. I thought i uploaded schedule C from 2019 but apperently the DEO did not get it and so they claim i got to pay back 18x125 (not including... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2022

You CANNOT handle this giant problem by yourself. Hire an experienced unemployment comp lawyer immediately, and pay them to appeal for you.

2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... View More

Linda Liang
Linda Liang
answered on Jan 5, 2022

You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.

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1 Answer | Asked in Employment Law for Florida on
Q: I signed a noncompete,then let go,then rehired,DID NOT sign a NEW noncompete, is my original still in play,or am I free
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2022

The original agreement is probably still binding, but of course it would depend on the exact wording.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

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

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... View More

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