Seminole, FL asked in Employment Law for Florida

Q: I plead guilty to misdemeanor petty theft, now suing in small claims for overtime. Am I wasting my time?

Accountant/Bookkeeper

Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime.  The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me arrested for grand theft (>$300) stating I knowingly and unlawfully obtained the funds by use of the computer using the payroll software program.  I plead to misdemeanor petit theft per the judgment.  I also paid the money back in full to escrow before the plea deal. The Florida statute listed on the State charge case letter sent to me is Chapter 812.014(2)(c)(1).

I have now filed a small claims suit against this employer claiming I was miss-classified as a salaried exempt employee and should have been classified as a salaried non-exempt per FLSA Regulations, 29 C.F.R. Part 541.

Will the criminal judgment of misdemeanor petty theft hurt me in small claims court?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.

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