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I live in Lee County, Florida and recently quit my salary job. I had requested through email that my earned vacation pay be cashed out instead of taking my vacation. The owner verbally confirmed that the pay would be on my next check. Two days later, I walked out of my job. On my last check, they... View More 
answered on Feb 4, 2020
Yes, your employer can do whatever they want. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make... View More
The assistant manager asked me whether or not I could work on Friday and my answer wasn't a concrete yes, it was far more vague towards a maybe than a yes, they still scheduled me. In my availability I shouldn't have had that schedule
answered on Feb 1, 2020
There is no such thing as wrongful termination in Florida. Employers can do whatever they want, without any reason.
I am suffering from repetitive stress injury. I called out of work and went to the doctors. I requested to fill out an accident report. They filled one out and gave it to me at the end of the work day. Once I read it they filled it out incorrectly. Not putting what I actually told them. Seems to me... View More
answered on Jan 28, 2020
I assume they asked you to sign it. If so, you should have corrected the errors before signing it.
The employee did sign a employee contract to work in a restaurant, where she/he voluntarily signed to give 1 week notice when quitting. In the contract is written that the employer would withheld the hours missed from the employees final paycheck. (Example: the employee was supposed to work part... View More
answered on Jan 26, 2020
If you are asking whether the employer will deduct $300 the answer is probably. If you are asking whether the employer can, the answer is yes. If you are asking whether it is lawful the answer is yes.
My wife is a full-time employee of a company as Physical Therapist who visits several patients a day. Some of these patients can be an hour's drive from each other. The employer is only compensating the milage, and not the time spent driving. Hence, my wife has to put in a lot of unpaid... View More
answered on Jan 25, 2020
It sounds like your wife may be what’s called a 1099 employee, not a regular (W-2) employee. The difference is that-as a professional-she can be required to do things that employers cannot require regular employees to do. Thus the rules and laws governing employment rights are not the same for... View More
I work on a "Q&A website" that pays people to ask questions, who at the end of year sends a 1099-Misc form, classifying me as an "independent contractor". I currently earn 1K every month on this site. I've earned 6K up to this point throughout the year. Per their... View More
answered on Jan 25, 2020
Lawyers who like good reviews apparently like to answer questions about the future; I am not one because no one on this planet can predict the future. The short answer to your questions is yes. Whether you will win is unknowable.
And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... View More
answered on Jan 23, 2020
I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... View More
I work overnight from 10pm-7am on Friday night I get two hours and the other six roll over to the next week (Saturday is the start of a new week) so they pushed all my hours to Friday so they didn't have to pay the overtime
answered on Jan 17, 2020
Employers have the right to structure their work time needs. The system used here appears legal because it accurately records time worked each day of the week.
As long as employers do not require employees to work more than 40 hours in any one work week, or more than 8 hours in any one... View More
I have received the notice via the employee 2 months after it was filled. It does not specify when to start and for how long. Can i get out of this? Can the employee pay it on its own?
answered on Jan 16, 2020
I'm guessing this has something to do with a garnishment. If so, you should have been served with process. Show the order to an attorney in your area to see what it's all about. Or you might want to review the court file (you can do that online; google "clerk of court" for your county).
if I will receive unpaid accrued PTO (Paid-time Off). I cannot get a straight answer from the HR contact person. Note: There is a severance if I sign the agreement. but goes on to say "Employee acknowledges that foregoing payments and benefits in this Agreement includes any unused Paid Time... View More
answered on Jan 13, 2020
Without having any opportunity to review the severance agreement I am unable to properly advise you about it. However, I will say that most employers who are represented by lawyers are told not to discuss the agreement with the employee because of the chance of creating a misunderstanding that... View More
I would like to know if I should have done it and what I have given up. I live in Jacksonville,fl
answered on Jan 13, 2020
It is impossible to answer your question without much more information about your job, your rate of pay, why you were fired, and the amount of the severance pay.
Worked for. FedEx Contractor for 2 weeks was offered a job elsewhere to start immediately, better hours, money, benefits, I took it.
The FedEx Contractor said we would get paid weekly, never recieved my first check during my 2 weeks. In the 3rd week (1st week at the new company) still no... View More
answered on Jan 10, 2020
Yes, this is perfectly legal, and in fact is done all the time to discourage people who waste an employer’s time and money.
I am an employee at a franchise my boss owns. There is talk that corporate is buying back the franchise to do with it what they want since my boss who owns the franchise is defaulting on loans. I am worried for my job if this happens, do I have any rights?
answered on Jan 10, 2020
Unless you have a written employment agreement you are at risk of losing your job. On the other hand, if you are a great employee the new owner might keep you on.
If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while... View More
answered on Jan 9, 2020
Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.
I live in Florida and my employer is based in San Francisco. It was specifically for mental health coverage. They stated it was a $20 copay, and now I am being told it is I pay everything until I hit my deductible and then 10% after that.
answered on Jan 8, 2020
Other than resign and seek employment elsewhere, there is nothing you can do to change this situation.
I am a physical therapist assistant working salary-based in a clinic. I am currently in my 90-day trial period. They gave me an amount they’d pay me biweekly. There were some deductions in my pay this week due to holidays not being covered in the 90-day period. There were 2 days that we left... View More
answered on Jan 4, 2020
Not being paid overtime for all time worked overtime is not the same as being paid for time not worked. Unless you have a written contract the employer can do anything they want to do.
I am filing suit pro se against former employer in federal Court for whistle-blower/retaliation, violation of Flsa, wrongful termination, promissory estoppel, and emotional distress (is that a complaint in itself, or damages awarded for other complaints?). There are applicable Florida statutes that... View More
answered on Dec 28, 2019
You could include your state-law issues if there is diversity of citizenship between you and the defendant and the amount you are claiming under the state-law issues meets the diversity limitations.
answered on Dec 26, 2019
Despite what most employees believe, Florida employers do not have to give employees any breaks--unless required by a Union agreement or some other written employment agreement. There are no Florida laws regarding breaks for employees. Nor are there any federal laws requiring breaks.
i was unaware this was illegal . i don't want to be fired . what can i do?
answered on Dec 24, 2019
It’s not illegal for you to work off the clock, but it is illegal for a company to not pay an employee for time worked off the clock. A company can discipline an employee for working off the clock, but must pay him/her for that time, including any overtime if it pushes the work time over 40 hours... View More
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