Q: My daughter is a server. The owner has opened 2 new restaurants. Can she be forced to work at a different restaurant?
The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp claim. I believe this employer is breaking many laws.
A: Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise a host of other legal issues that need to be addressed. It is of course illegal to fail to pay overtime wages if the employee is a non-exempt under the law, and your daughter likely is non-exempt, and it's of course illegal to prevent the filing of a workers comp claim if the employee is eligible.
A: Yes, unless she has a written employment contract that dictates where she works, the employer can tell her to relocate. In Florida, employees work (serve, in this case) at the employer's pleasure.
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