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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.