Asked in Employment Discrimination and Employment Law for Florida

Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for fact I did not take a lunch. She represents the change as employee forgot to clock out for lunch knowing there was no lunch taken. There is actually so much that is not acceptable either socially or legally that is being done that I could not phrase it all in this message. I have tried talking to her boss but have gotten nowhere. So If someone could get back to me it would be greatly appreciated I would really like to know where I stand.

1 Lawyer Answer
Mitchell Feldman
Mitchell Feldman
  • Employment Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if the records are in accurate.

The statute provides for prohibition against retaliation for anybody that engages in protected activity by making a claim or asserting, that some conduct is unlawful. Additionally, under the Florida whistleblower act, if something is illegal, and you oppose the conduct, and you are fired or suffer an adverse employment, action or retaliation you have protection. Not 100% clear on the fax. Feel free to reach out if you want to discuss further, but otherwise those are some of the protections you have and you can consult with any lawyer.

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