Florida Employment Legal Questions

Your seizure may qualify as a "disability", affording you protection under the ADA and FCRA, and if your employer used that as a factor in terminating your employment you may have a claim.  Review this with a lawyer if you suspect that your seizure was a factor in the decision to terminate your employment.  Thereafter, you may file a charge with the EEOC or Human Rights Commission.  ... Read More

I think this would be improper just based upon the facts as stated.  If you are in a retail place and NON exempt you should have the right to leave the premises for your break.  If you are treated as exempt, there may still be a basis for this to be unlawful.  Consult a lawyer about the termination and the pay practice and whether you might have a right to past wages and a claim under the FMWA or the FLSA or both for unlawful retaliation.  If the employer did this, they should be prepared to back up that it is a written policy first and foremost that you have read and understood.  ... Read More

You should be paid timely for work, and withholding pay when due could at least entitle you to minimum wages plus an equal sum in liquidated damages under state or federal law.  Altering ANY pay card is unlawful.  The fact that you signed it may be used by your employer, but such arguments are rejected by courts as an employee really has little options.  You should however documents where you see the cards have been altered and report it to the company, and if possible object to signing it.  No employer shall retaliate against an employee under the FLSA and FMWA for refusing to sign an fraudulent time card.  Consult a lawyer who deals with wage and hours claims asap and review this, most will give you a free consult.  ... Read More

If all facts are equal, then the pay should be equal for a female employee performing the same job as a male.  Of course, those who are hired later may start at higher pay if the compensation is adjusted in the future.  The equal pay laws such as the lilly ledbetter fair pay act of 2009 provide the basis for equal pay.   Your options are to ask HR to investigate your complaint of discriminatory pay practices, wait for a response, and if not satisfied seek an attorney and file a charge with EEOC or FCHR, or both, or just file on your own.  Since there is a lot of money at issue, I suspect without counsel, you will have a difficult time.  However, you really should if there is a company policy against discrimination and a means to report complaint, do so and wait for the reply.  If not satisfied proceed forward with charge and/or obtaining counsel.  ... Read More

If the company handbook says vacation pay will be paid out then you are entitled to that pay if you resigned and the handbook says she would be paid. After you gave your notice of resignation and then the company said you were fired does not and should not to get your entitlement to the vacation day because you had already resigned... Read More

Well you should not continue to work for a company or business that does not pay your wages. Seek legal counsel to help recoup the wages which if you work do you have a legal right to be paid for that time both under contract theory and potentially under the Florida minimum-wage jacked and the fair labor standards act... Read More

 If the company has four more employees than you are entitled to coverage under Florida's Worker's Compensation law. Immediately find a lawyer. As to the wages the room and board would count towards the value of wages and as long as they are paying you minimum-wage they may be OK. However, I would need to see as with any other attorney your paystub's time records and discuss this more in depth. If they are treating you as an independent contractor nine employee that the big further violation of the law... Read More

 If you are required to present early then this would be compensable time. And if you have to make up the time then I believe you would have entitlement to additional compensation for all of this time if you are not being paid for it. This would be governed by the fair labor standards act under the overtime wage provisions. I would be able to offer a free consult as with most employment law attorneys on this topic. ... Read More