Q: My Boss terminated me and is now holding my last two weeks pay. We have an employment contract. Legal?
I work 2 jobs for 1 man, one is from home so my hours are tracked via hubstaff, a time tracking software. This software is very buggy and sometimes just will not let me log in until my boss fixes it. This usually takes days, so I manually add the time I worked, and he sends my checks as normal. On 08/20, my hubstaff bugged out again not letting me log in. I sent my boss 3 seperate emails asking him to fix it so I don't have to manually add my time, however he did not reply to any of them. So I have had to manually add my time for the last 2 weeks. On Friday 08/31, (I get paid weekly on Fridays), He said he lost his wallet keys and phone and gave me a big sob story and said he couldnt pay me until he gets a new card from the bank. He has promised me he would send it every day this week since Tuesday 09/4. It is now Friday and he is witholding all paychecks because "he reason we are not issuing an immediate pay is that we are auditing the amount of hours you "alledgedly" have worked.
A: Sorry to hear this. The law in Florida is very straightforward on this issue. If you work, you must be paid. Your employer has an obligation to keep accurate time records. Because the system was not working, your employer must now rely on your manual records. Failing to pay you is illegal and is a violation of state and federal law. The first step is to send a a dated letter or email asking for pay. It sounds like you did this. The next step is to hire an attorney. The law requires the employer to pay for your attorney's fees/costs. Many employment lawyers offer free consultations.
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