Pinellas Park, FL asked in Employment Law and Employment Discrimination for Florida

Q: My ex-employer is owned by a father and two sons. Son A had me arrested for grand theft saying I stole money (OT pay).

I said your father OK'd the OT (I have witnesses) and the DOL looks at tasks, not titles and that I did not meet the exemptions for admin, exec and professional and was under the $100k cap. All OT was documented and put in the payroll file. I was fired two days later prior to them knowing I was paid OT. They have not paid me my last check. I was the 4th accountant in 9 months and the prior accountants were paid OT for the same tasks. The officer that interviewed and arrested me did not care about the labor laws or that I had approval for the OT. Son A's neighbor is a sheriff and in his text rant the Tues after I was fired, said he was calling the sheriff's wife to have me arrested and that he was going to get with a female employee and have a sexual harassment suit filed. My public defender is filing not guilty and if I get it thrown out can I sue my ex-employer? I was arrested due to their and the sheriff's negligence of the labor laws. Doesn't seem right.

1 Lawyer Answer
Kevin Sanderson
Kevin Sanderson
  • Employment Law Lawyer
  • Sarasota , FL
  • Licensed in Florida

A: Based on what is presented here, this appears troubling. it is very unusual for law enforcement to involve itself into civil employment matters in this way. I would speak with an employment attorney, and also a criminal specialist to see if there is a case for malicious prosecution, exc.

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