Answers Posted By Phyllis Towzey

Answer to I was made to quit. Singed paper saying so. But now when someone calls my old job they say bad thing about me. I quit because what they said. Was untrue but within let the supervisor letting it out to others what they were saying it was going to make it h

Florida law protects employers giving out references unless they knowingly provide false information, or violate a separation agreement the employer signed with you. Without more information, I can't tell whether you have an recourse against your former employer.

posted Apr 25, 2018 2:43 PM [EST]

Answer to In the State of Florida, is there a law requiring an employer to allow a salaried employee to carry over PTO? Thanks!

No. There are no Florida laws or federal laws that govern this. Employers can make their own policies as to whether or not unused PTO may be carried over from year to year, by both exempt and nonexempt employees.

posted Nov 28, 2017 2:06 PM [EST]

Answer to How do I get compisated for being in hospital then let go with no other position

First of all, you need to confirm with your employer what your employment status is. If they are not responding to your phone calls, send an email or a letter mentioning that you previously sent the doctor's release to return to work (enclose another copy), that you were originally told you would be reassigned to another position, and that you have not heard anything. Say that you want to return to work immediately but if you don't head back from them within the next few days you will have no choice but to assume that you have been let go, and you will file for unemployment, and begin looking for another job.

The situation is a little different if your absence was covered by FMLA. To qualify, you would need to have been working there for 12 months and they need to have 50 or more employees within a 75 mile radius of where you worked. If that's the case, then you should remind them that under the FMLA they were required to hold your job or a comparable position for 12 weeks. If they are refusing to allow you to return to work in violation of the FMLA, then I recommend you consult an attorney.

posted Oct 19, 2017 08:31 AM [EST]

Answer to Drug testing and consent

Do all 12 still work with you? Have you dismissed any of them. Much in the law focuses on the two words "It depends." If you want to call my offfice 727 895 1200, I will try to arrange a phone consult with you, but I do charge for my time. Thank you.
Phyllis Towzey, B.C.S. Esq.(board cert specialist in employment law)

www.towzey.com

posted Oct 4, 2017 6:10 PM [EST]

Answer to I was terminated yesterday for not reporting to work while under doctors orders to remain off of work until Sept. 19th. My employer had the proper documentation from my doctor, as well as speaking to my doctor over the phone. I was still terminated?

I can't really answer this question without additional information, such as what the company's sick leave policy is, whether you had exhausted all accrued leave under that policy, whether you reported off for work consistent with the policy, and whether your absence was covered by FMLA. If you were not under FMLA and you had exhausted your accrued leave, then the company could fire you, but you would be eligible for unemployment compensation benefits.

posted Sep 21, 2017 10:33 AM [EST]

Answer to Am i held to a non-solicitation agreement if they sell my company?

Probably not, unless the old company still exists (for example, if it was acquired by a new company and they kept it intact as a subsidiary, then the NDA could still be in effect because it did not need to be assigned). Barring that, so long as the NDA did not contain language expressly permitting assignment, it cannot be assigned or enforced by the new company.

I would advise you, however, to have an attorney review the NDA for you, rather than just relying on general advice on this forum. This is too important an issue for you to take chances, and the cost of paying a consulting fee to an attorney is small compared to the legal fees you'll incur if you have to defend a lawsuit seeking an injunction against you. Further, if the new company has sent you a cease and desist letter, you should have an attorney respond to it, rather than waiting to be sued.

posted May 18, 2017 11:42 AM [EST]

Answer to Can employers erase earned vacation time?

You have a good argument that the vacation time was already earned and was part of your compensation, and cannot be retroactively deleted by the Company. They should have provided advance notice of the change and given employees a period of time to use up any excess accrued vacation before the new policy went into effect.

posted Apr 11, 2017 3:41 PM [EST]

Answer to A few employees are unhappy with their boss. They get together and make false accusations of inappropriate comments and get the boss fired. Is this defamation? Libel? Is the law so flimsy to allow this to happen?

It's unlikely that you will have any recourse against these individuals, but you should review the matter with an employment attorney.

posted Apr 7, 2017 2:56 PM [EST]

Answer to I was recently put on a PIP, which I stated, before it was written to the HR rep, that the goals were unattainable. They gave me the goals any way. In the PIP, my employer states,

From what you've described, this may be a case of retaliation. However, it is difficult to prove, especially when you are more than one year removed from the original complaint you made about your former manager. You should consult with an employment lawyer to determine the best course of action. One strategy would be to send a memo to HR now objecting in writing to the current PIP and stating that you believe it is retaliatory. Then so you best to meet the goals of the PIP, even knowing that you will likely fail. If and when they do give you a notice of termination, either send a demand letter from an attorney, or file charges with the EEOC.

Another strategy would be to hire an attorney now to send a letter to the company to try to prevent the termination from happening in the first place.

What strategy you choose depends on several factors, including what your ultimate goal is (i.e. do you want to stay with the company, or negotiate an exit strategy), and what you financial situation is as far as retaining legal counsel (if you hire a lawyer to try to save your job you will be paying an hourly rate - if you are fired and sue for retaliatory discharge, you may be able to get an attorney to take your case on a contingency.

The best course of action for you right now, however, is to pay a consultation fee and get some detailed legal advice while all options are still viable. Good luck!

posted Apr 3, 2017 07:36 AM [EST]

Answer to Falsely accused at work

Probably nothing unless this is a bonus based on objective criteria and is considered part of your wages. If it's a discretionary bonus from management, then management can pick and choose who receives it, so long as they don't base their decision on age, race, sex or one of the other protected classes under the federal employment laws.

posted Mar 19, 2017 2:29 PM [EST]