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COVID-19 Florida Employment Law Questions & Answers
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... Read more »

Jay P. Lechner Esq.
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Jay P. Lechner Esq.
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... Read more »

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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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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 Esq.
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Jay P. Lechner Esq.
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... Read 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... Read 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... Read more »

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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... Read more »

Jay P. Lechner Esq.
PREMIUM
Jay P. Lechner Esq.
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... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can I get fired for not getting the Covid vaccine?
Jay P. Lechner Esq.
PREMIUM
Jay P. Lechner Esq.
answered on Jul 25, 2021

Under Florida law, private employers generally may require employees to be vaccinated as long as accommodations are made for disability or religious objections, as recently described by EEOC. Under federal law, there have been recent challenges under 21 U.S.C. § 360bbb-3, which addresses the... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Should i get paid for working myself and another assistants job?

Got hired on into a 3 assistant position. After Covid, was down to myself and 1 other assistant. This assistant would call out/quit/not show up 2-3 times out of the week on a weekly basis. This would leave me alone to hold up the entire Office and all the patients by myself. First asked owner of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2021

No, it's apparently not discrimination on the basis of race, sex, or other suspect classification. Other than that kind of discrimination, an employer can employ, or not employ, whoever the employer wants. And no, they don't have to pay you for, in effect, working multiple jobs at once.

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I work for a private doctor's office. The Dr. is requiring the staff to get tested for covid weekly on our own time.

Now they are requiring covid test results twice a week and we are not being compensated for the time we are taking to drive to test site, wait in line, take the covid test and wait for results. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 19, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to give definitive answers to the scores of questions being posted by askers about the... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If a worker is fired for asking employer to follow CDC guidelines for COVID-19 is there a case?

My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... Read more »

Jay P. Lechner Esq.
PREMIUM
Jay P. Lechner Esq.
answered on Oct 22, 2020

Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer enforce its employees to get flu shots?

From my understanding, in the past, my brother-in-law's employer (a medical group purchasing and supply chain services company) required their employees to get flu shots but did not enforce it. He hasn't had a flu shot in years because the last couple of times when one was administered... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 22, 2020

The good news first: There is Florida or federal no law that allows employers to mandate flu shots for all employees.

However (the bad news): There is no Florida or federal law that forbids employers from requiring flu shots for all employees--unless that requirement of employment in any...
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2 Answers | Asked in Employment Law for Florida on
Q: Is there any action one can take against a boss putting employees in unnecessary danger?

If a boss comes into work and multiple of his family members including his wife have tested positive for COVID-19 and have told him he needs to quarantine but he comes in anyway and takes his mask off, is that creating a risky work environment? Is there any sort of legal action one could take... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 2, 2020

The best action you can take it to quit. If you have in fact contracted the disease, the legal action you could take would depend upon how you got it. If it was in fact a result of being infected at work, the exclusive remedy of a worker's compensation claim would apply; if you did not get... Read more »

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2 Answers | Asked in Employment Law for Florida on
Q: I work for a chain grocery store here in Florida. I was out for 9 days waiting on my test results to get back.

I did not receive pay. Can my company do this to its employees

Alberto Naranjo
PREMIUM
Alberto Naranjo
answered on Jul 18, 2020

If you were out sick due to COVID-19 and coronavirus testing, you could take up to 2 weeks of paid leave if you request it correctly from the company. You should document your medical leave with doctors' notes and request plus you should speak to an employment attorney to make sure you're... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: My employer allowed approx 100 people to attend a inside service. I protested it fell on deaf ears what next?

This is a funeral home corporate owned. 4,700 SQ feet mask were required what can I do to make sure my family is not being put at risk? This company has no regard for the Covid restrictions I have not been back to work because I don't feel the company I work for is taking the Covid serious

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 15, 2020

The Covid-19 pandemic has changed the legal landscape all over Florida--and the entire world--in every aspect you can imagine. Unfortunately, the governor of Florida has done very little in the way of requiring people to wear masks in public places; and his inaction has caused many Florida counties... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?

my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?

Archibald Johns Thomas III
Archibald Johns Thomas III
answered on Jun 17, 2020

Your answer depends primarily on the employer's motive or reason for termination. For example, if it is because of the salary level, there is no law prohibiting that in Florida. On the other hand, if it is because of the employee's age, clearly that is illegal. In terms of the failure to... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: I just want to know if I feel that my employer was negligent on keeping us safe from covid-19??

I express to my employer that I did not feel safe when I went back to work due to covid-19 but I have to work so I had no choice but to go back when I get there I noticed that people are rarely wearing their masks there barely practicing social distancing the supervisors and employees that I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2020

Not sure if you are asking about employment rights or ability to bring a claim for money damages, or both.

Either way, your employer must follow all government-mandated Covid-19 restrictions. So step one is see exactly what mandated restrictions apply to your type of work. If you...
Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Do i have to pay salary of an employee isolating

I run a small auto repair shop. This morning, my mechanic called that he went to the doctor because he fears he may have the virus and said that the doctor told him to isolate for 15 days. He is the only mechanic i have which makes him extremely important to the business. We have been closed since... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2020

Nothing in the CARES Act requires Florida employers to do anything differently than they have always done. However, if an employer has applied for and received federal SBA funding under the Payroll Protection Act, federal funding that is supposed to be spent paying the salaries of employees... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can I be legally fired for refusing a " mandatory " covid19 test at work? I am a high risk, due to having asthma.

I basically live off of inhalers and would know if I had any kind of illness. I'm simply not comfortable being tested for it.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 19, 2020

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

1 Answer | Asked in Employment Law for Florida on
Q: since Covid-19 I’ve developed respiratory issues due to disinfectants. currently working from home. what are my rights

I work for an optometrist and lots of disinfectants are being used. I’m seeing a pulmonologist on Tuesday. If I need to continue working from home do I have any rights

Kyle Anderson
Kyle Anderson
answered on May 14, 2020

If your pulmonologist diagnoses you with a respiratory illness that affects the major life activity of breathing, it may qualify as a disability under the ADA. If so, you would be able to request a reasonable accommodation of working from home based on the disability. However, this is hypothetical... Read more »

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