Answers Posted By Phyllis Towzey

Answer to If an employee is reguarly asked to work 40 hours in a week ( a 4 day 10 hour work week) and they ask for a total of 10 days off, to include 2 weekends, a friday and a monday... do you charge the 40 hours? Sh eis asking for 32 and we have nothing in polic

If the employee normally works a 10 hour day, then her time off for one day would be 10 hours. Her time off for 4 days would be 40 hours. You can email me privately if there is some other issue here that's not clear from your question, as it seems pretty straightforward.

posted Feb 28, 2017 09:27 AM [EST]

Answer to My bf is the assistant manager in a produce department at a grocery store in Florida. His manager (manger of the department) was from a workers comp medical issue. My bf was given the temp title of manager and a $1 an hour pay increase. Its been a year. T

Yes, because the additional pay and bonuses were for the additional duties he assumed during his temporary position as manager, due to his boss' absence. I would assume that when the manager returns, your bf will be returned to his former position as assistant manager, with the compensation plan that goes along with that position. Just look at it as a great experience that builds his resume and makes him more likely to be promoted to manager when there's a future opening he applies for.

posted Feb 13, 2017 07:46 AM [EST]

Answer to Payroll "mistake"

Just notify the company that you have not received your wages.. If they do not correct this within a reasonable period of time, then of course you would have a claim against the company for unpaid wages.

posted Jan 20, 2017 3:08 PM [EST]

Answer to yes

You should be eligible for unemployment, since you resigned from Job A to accept a better position at Job B, and then were laid off from Job B. Make sure you fill out all the forms timely, and if you get a notice denying benefits make sure you fill out the form to appeal if within the deadline on the form. In most parts of Florida you can do this online. If you appeal, there will be a telephone hearing and you can explain the situation to the appeals referee. You can hire a lawyer to appear at the hearing with you by phone, but a lawyer will of course charge you a fee to do that and even if you win, neither the state nor the employer reimburses you for that fee. For that reason, many people choose to represent themselves.

The most important thing to remember is you must provide all information timely to the agency. If you do not provide information or you miss a deadline, there is nothing anyone can do for you on an appeal.

Good luck!

posted Dec 30, 2016 5:18 PM [EST]

Answer to I work for a Florida company. I receive PTO and vacation days. It is accrued and posted on my paycheck. My paycheck stub showed PTO available. I took the PTO with the written permission of my direct manager. Now the company HR says I used too much and ter

It certainly won't hurt to appeal it with the head of HR. If that is unsuccessful, then you should consult an attorney. They do not have to treat everyone the same as far as terminations (as long as they don't select who to fire based on age, race, disability, sex, etc.), but you may have a claim under the wage and hour laws if you were misclassified as an exempt employee and should have received overtime.

posted Dec 4, 2016 1:29 PM [EST]

Answer to What do you do when an employee is arrested for having a unlicenced firearm and he hasn't reported to work for more than two months and his supervisor just gave us a report now after two month

This really isn't enough information for me to understand your situation. If you have an employee who has, effectively, abandoned his job, then ordinarily you can terminate his employment and replace him. If this employee has a written employment agreement with your company, of course, you would need to check that the agreement says about termination.

If there are reasons why you believe this isn't just simple matter of firing the employee for job abandonment, then you should consult with an attorney and explain your situation.

posted Nov 22, 2016 08:59 AM [EST]

Answer to in Florida can an employer REQUIRE 1 month notice for resignation? Can they withhold pay if 1 month is not given?

They can withhold your vacation pay since they did provide notice of this policy. They may be able to withhold part of your salary for your last pay period as well, but cannot pay you less than minimum wage in your last paycheck.

posted Nov 7, 2016 2:08 PM [EST]

Answer to I received a severance package for 28 weeks which is longer than normal unemployment benefits. Even after the 28 weeks I have been unable to secure a job. Will I then be allowed to file for unemployment?

Yes, you can go ahead and file for unemployment now online and the form will ask you whether you are receiving severance, and for how many weeks. You will likely not be eligible for unemployment until the severance period ends, but you will be entitled to receive benefits after that date.

posted Nov 7, 2016 08:29 AM [EST]

Answer to Can I be asked to relocate before coming back from maternity leave under FMLA?

The issue is whether your job location would have been moved out of state anyway. If this was already the plan, then the company does not have to alter those plans just because you were on FMLA leave - the FMLA does not entitled you to better treatment that you would otherwise have received if you had not been out on leave.

If, however, the company chose your position as the one to transfer out of state specifically BECAUSE you were on FMLA leave and they wanted to replace you, then that is a violation of the law.

If your position changed or was eliminated, they do not have to offer you an equivalent position - that obligation only arises if they replace you while you are out on leave.

However, if there are comparable open positions available, you would have a good argument that the employer is obligated to offer one of those positions to you.

I'm sorry you find yourself in this position.

posted Oct 25, 2016 06:12 AM [EST]

Answer to Thank you. Our company recently changed employment policy regarding vacation pay. Previously vacation time was earned monthly and able to accrue for 24 months. There was not a hard stop date, but eligibility was determined as of Jan. 1. Now the new policy

In my opinion, they need to give you a reasonable period of time to use any previously accrued vacation time that would otherwise be lost. It does not appear from the new policy, however, that it would be difficult to do that, since the only difference is you are now dealing with set calendar years (2) instead of a rolling 24 month time period.

posted Sep 30, 2016 06:48 AM [EST]