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
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
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?
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... View More
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
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
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
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
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
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
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... View More
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... View More
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.
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
I did not receive pay. Can my company do this to its employees
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... View More
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
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... View More
my employer took advantage of Covid to term high paid long term employees, w/o any compensation, this this legal?
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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
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... View More
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