Florida Employment Legal Questions

Does your company have more than 15 employees in all offices that they work out of? If that is the case, then you would have grounds to bring an EEOC action and then get a right to sue letter and then file a lawsuit against the company. You should have a consultation with an attorney here in Florida about Contingency fee representation, which means you pay nothing unless you win.     ... Read Answer

The civil rights laws prohibit discrimination based upon race in the workplace, which includes racial discrimination against white people. If you feel that the reason for your termination was based on race then you should file a complaint internally with HR to document it and then file a charge of discrimination with the EEOC.  ... Read Answer

If you have a financial emergency or a personal emergency that would risk loss of significant amounts of money, or the loss of some kind of health and safety benefit to the fiancé company because of the delay, you may be able to try to get an expedited review. However, keep in mind that just obtaining the I-129 approval is just the first step in the process,. After the fiancé petition is approved, the file will be sent to the national visa center (NVC) in New Hampshire and it will remain there for a meaningful amount of time until process is completed. Thereafter it will be sent to the overseas US Consulate where more delays will occur. The point being that this could take up to three years from start to finish before she is allowed to enter the country.... Read Answer

Yes, you may have a claim. The first issue is whether the casino is on Indian reservation property , which would then possibly preclude your claim based upon sovereign immunity. If the casino was a private company, then the damages would be an issue. Your damages would depend upon the extent and severity of the assault. You should discuss your case with an attorney here in Florida fir possible contingency fee, which means you don't pay anything unless you win. You should act quickly, because this possibly is on videotape, and a preservation of evidence letter should be sent out immediately, so that they can preserve any video footage.... Read Answer

Anytime a worker is injured on the job site, his exclusive remedy against his employer is Worker's Compensation. This is the general rule however there are a few exceptions. If a third-party caused your injury by assaulting you, you can always sue that individual, but there may be a lack of recovery because any insurance policy he may have only covers negligent acts and not intentional acts. You should discuss your case with counsel here in Florida to explore your options.... Read Answer

OK if you have an injury on the job, your exclusive remedy against your employer is to file for Worker's Compensation benefits. If the injury was caused by a third-party, then you would have an additional claim for personal injuries against the third-party. You should discuss your case with both a workers comp and a personal injury attorney to explore these issues.  ... Read Answer

OK so animals are only treated as property, and as a result their owners cannot sue for any emotional distress or pain and suffering or mental anguish that the owner has incurred as a result of medical negligence. However you can sue for any medical bills that have been incurred as a result of a veterinarians negligence. Most attorneys don't take these types of cases, so it will be a very uphill battle for you. You can always file a lawsuit in small claims court if the medical bills that you have incurred as a result of their negligence have to be born by you out of pocket.... Read Answer

Yes so if a person is subjected to a hostile work environment, based on any discrimination based on race, ethnicity, skin color, national origin, disability, age or gender and a few others, then that person has a claim against the company if he or she put the company on notice of the discrimination and the company failed to take steps to stop it. If a direct supervisor was involved in perpetrating the discriminatory conduct, then that emoloyee does not have to put the company on notice. The company would be strictly liable if that person suffers an adverse employment decision. You should discuss your case in a private phone conference with counsel here in the state of Florida about possible representation.... Read Answer

Your wife does not have to put up with this abuse. She should retain counsel here in the state of Florida on contingency fee, which means she does not pay anything unless she wins the case. If the case is handled discreetly, she may be able to get a private and confidential settlement from the doctor without filing suit.      ... Read Answer

A Cease and Desist Letter from an attorney can request that an individual stop a specified action and refrain from doing it in the future, with a threat of legal action if the receipient fails to comply. Often times such a letter can resolves issues without having to file expense lawsuits. The law office of Omid John P.A. writes demand letters with individualized attention to meet client needs.  ... Read Answer

OK I believe what you're asking is that this individual who sent you a demand letter is demanding money from a lost business opportunity because she contracted Covid Because you exposed her to the virus without any kind of warning that you had it, and therefore she feels that you are responsible for her business losses because of her health condition? OK if this is the case, she would have to still prove that she contracted Covid from your store or restaurant, and that she has to prove that there's no other store or other individual who She contracted the virus from. This is the issue of proximate causation and is part of every civil lawsuit that is brought in court. It is a very high hurdle, because she could've contracted that anywhere. So I think that this is a laughable case, and you should retain counsel and write her back stating that if you file a lawsuit against me I will file a malicious prosecution suit against you wants to court throws your case out of court. ... Read Answer

If you feel that you have been fired and retaliated against based upon racial comments and discrimination based on skin color or national origin etc., then you can file a complaint with the EEOC, and they will do an investigation and give you a right to sue letter within six months to a year.... Read Answer

Hello, your facts are a little bit unclear. Are you stating that the person that was assaulted was assaulted on the job as an employee? Or was he or she assaulted while a guest or customer at the business establishment by an employee of that business? Because if the person that was assaulted several times was assaulted by employees of a business, while he was a guest or customer, then that person may have a security negligence case against the company for his damages from the assault.... Read Answer

As an essential worker, you are not necessarily entitled to paid sick leave or paid family leave under the Family First Coronavirus Response Act. However, you are entitled to all other employee rights that you were previously entitled to. If you were fired for discriminatory reasons or based on retaliation, you have rights. If you believe the new administrator terminated you because of reasons related to protected classes, you may have a claim. In Florida, age discrimination is anyone age 40 or over. However, there are other forms of discrimination that may be part of the decision of your administrator. In addition, if you complained about your administrator and were later fired, you may have a claim for retaliation. It is best to contact an attorney in your area to determine if you have a case for discrimination, retaliation, or wrongful termination. ... Read Answer

Typically, most unemployment insurance claims are available to individuals whoa re fired, terminated, or laid off, as long as they are on the payroll for the company that ended their employment. Under the COVID-19 stimulus package, self-employed workers, gig economy workers, and other non-employee workers have been granted unemployment if they were laid off or had their hours reduced due to a lack of work from Coronavirus issues.  It appears, in your situation, you may qualify for unemployment under this stipulation. It is best to contact an employment attorney who can guide you through the process, as contacting the unemployment office at this time is almost impossible. ... Read Answer

If you earned the bonus prior to separation of employment, and there is nothing in the written plans or employer policy against you receiving the bonus, then the bonus should be paid.  The facts you indicate are that the employer did send yo the check, but are you saying they stopped payment?  That would potentially bring about new claims as well.  I think you should seek counsel, and discuss it in more detail.  ... Read Answer

You may have a right to seek damages under the FLSA and Florida min wage act.  Failure to timely pay will subject your employer with additional penalities.  Contact a lawyer.  However, if your employer is going out of business, then not much you may do.  Make a request for immediate payment and if you cannnot get paid, then seek an attorney.  MLF... Read Answer

probably not.  you do not have an expectation of privacy working on the company computer, especially where they have a written policy and inform you of this.  Read this site:  https://www.privacyrights.org/consumer-guides/workplace-privacy-and-employee-monitoring.   however using such information like your medical history and viewing or discussing it would be problematic.  Going to external sites to further "investigate" you is also a problem.   But if you use your company computer for personal emails and that information is accessible now for your company, they would probably have a right to review it as well.   If there is any harm in anyway, then consult an attorney as this access will have some limits.      ... Read Answer