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COVID-19 Florida Questions & Answers
1 Answer | Asked in Civil Litigation for Florida on
Q: I was living in a shelter and the case manager insulted me about my HIPPA and phi rights. Also contracted COVID there.

I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2023

Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Florida on
Q: Need an attorney familiar with the appeal process in Miami Florida

Hello,

I am looking to appeal my case that was just closed yesterday 8/15/2023. I filed pro se against my former employer for disability discrimination. My claim was dismissed for failure to state a claim with prejudice. I feel that I have all the evidence needed to prove discrimination... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

1 Answer | Asked in Family Law and Education Law for Florida on
Q: Minor party is currently enrolled in Online school, mom refuses to go to in-person school. What can be done?

Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2023

You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: Can I sue the hospital for medical negligence due to the sudden death of my mother-in-law who had Covid -19?

My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last... View More

Tim Akpinar
Tim Akpinar
answered on May 9, 2022

This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital... View More

2 Answers | Asked in Family Law for Florida on
Q: Unfortunately my spouse passed of Covid in January of 2021. I am not on the home loan.

Mortgage company will not assist me. At this point I am afraid that I am going to lose our home. I don't have the means to pay for an attorney. I want to know my rights as a surviving spouse in Florida? Thanks in advance.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2022

As a surviving spouse you have a legal ownership interest in the real property (house). However, you are also financially responsible for the house. If your spouse was the only person on the loan (mortgage) then you will need to refinance in your own name moving forward. Because the lender was only... View More

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4 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can my job force me to get a COVID-19 vaccination?

I am a remote worker based out of Tampa, Fl. I am assigned to a medical center in Barre, MA. I am actively trying to become pregnant and there is not enough data on how COVID can affect my pregnancy or child. Not to mention long term affects of the vaccine itself. As a healthy 30 year old female... View More

Jay P. Lechner
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Jay P. Lechner
answered on Nov 18, 2021

To clarify the previous responses, the Florida legislature has passed a bill that will prohibit a private employer from imposing a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out on the basis... View More

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1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... View More

Linda Liang
Linda Liang
answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... View More

2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2021

You are attempting to resolve a claim that a creditor has with you. They've asked for some documents which you've provided, and now they want bank statements. Are they allowed to ask for bank statements?

Of course they can ask for them. Creditors ask for bank statements all the...
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2 Answers | Asked in Family Law for Florida on
Q: If me and my husband are only seperated, can i stop him from seeing our child because he is not vaccinated?

I fear for my 14 month old baby's life, my seperated husband refuses the covid vaccine and if he gets covid, he's putting my baby's life at risk. Can i stop him from seeing my baby unless he gets the vaccine?

Nicole Vette
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Nicole Vette
answered on Aug 26, 2021

If you disagree on time-sharing you need to file for divorce and ask for the court to order a parenting plan inclusive of a time-sharing schedule. I have never seen the court limit a parent's contact over not having the vaccine and do not think that is a likely outcome absent an extraordinary... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord just told us he will not renew due to wanting to sell we can find another rental due to the high demand

People are moving here so when we apply for homes there’s already several apps on one home can we qualify under cdc extension

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 17, 2021

No. Your landlord is never required to renew your lease, and doesn't need a reason to not renew. Consequently, your tenancy will end at the end of the lease, and you must leave. A non-renewal is not an eviction, so Covid rules are completely irrelevant.

2 Answers | Asked in Employment Law for Florida on
Q: Is my employer required to pay me for my quarantine?

I'm unvaccinated and was exposed to Covid by a coworker at work. My job is requiring me to quarantine without pay for a minimum of 7 days. Are they allowed to withhold pay from me since I was exposed at work?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 15, 2021

By "making you quarantine" your employer is being responsible and doing what the law requires them to do to protect ALL their employees.

Regarding paying you: If you are a salaried employee or have a written employment agreement that speaks to this issue than your employer will...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: So, from what I've read, the tenant has no legal right to contest an 'eviction' notice regardless of nature.

I currently rent through an LLC, have been in this home for 10+ years. Spoke with the property manager who claims I was not on a yearly lease and that my month to month was no longer going to be honored. Please bear in mind I did know I was on a month to month. I am not behind on rent even through... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 14, 2021

A landlord can terminate a month-to month tenancy with 15 days notice (the notice must be a valid written notice delivered according to the requirements of the Lease or statute). Termination of a tenancy is not an eviction, so none of the COVID rules, regulations or pronouncements from on high have... View More

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1 Answer | Asked in Employment Law for Florida on
Q: Can my boss force me to wear a mask at work that says "Not Vaccinated" on it?
Jay P. Lechner
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Jay P. Lechner
answered on Aug 12, 2021

No. Information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. Additionally, under Florida law, every employer who provides health insurance benefits "shall maintain the confidentiality of information relating to the medical... View More

1 Answer | Asked in Employment Law for Florida on
Q: After a job closes down after it’s spread of Covid and everyone were told not to come but without proof of negative test

And I was never scheduled after

So my question is can a job fire you for not showing up after telling you not to come w/o proof

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 12, 2021

Yes. Why? Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can my employer require proof of COVID Vaccine in Florida if I have a medical condition?
Charles M.  Baron
Charles M. Baron
answered on Aug 9, 2021

Yes. However, if you have a diagnosed disability which a physician says makes you medically ineligible for the vaccine, and you are fired for not being vaccinated, you may have a potential disability discrimination claim, as well as a potential unemployment compensation claim. From what I've... View More

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1 Answer | Asked in Estate Planning for Florida on
Q: Is airfare reimbursed if you travel to handle estate business, like hiring an Estate lawyer in Florida?

I travel from New York to Ft.Lauderdale to get the probate of deceased relative started.

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 3, 2021

Very sorry for your loss and the passing of your relative, please accept my condolences and sympathy for you and your family at this difficult time. It in most instances is not necessary to travel to Florida to hire an attorney, start a probate or really do anything related to the probate initially... View More

2 Answers | Asked in Employment Law for Florida on
Q: Does a manager have the right to shame employee for not getting the Covid-19 vaccine?

I live in Florida and where I work it is recommended but not mandatory to have the Covid-19 vaccine. However, every chance my manager gets she bashes me publicly in front of my coworkers and customers. Saying things such as “ you’re going to be the reason another catastrophe happens”. If the... View More

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Aug 3, 2021

Good question. While a private employer is permitted to require employees to be vaccinated, information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. According to the EEOC, the ADA requires an employer to maintain the... View More

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... View More

Camila Martin
Camila Martin
answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... View More

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1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron
answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... View More

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