Answers Posted By Arthur Schofield

Answer to HOW CAN IT BE LEGAL FOR A COMPANY TO NOT PAY YOU FOR THE UNUSED PTO THAT YOU WORKED FOR AND EARNED?

In order to answer this question you will need to have the "contract" reviewed, If it was truly a contract then it should result in you being entitled to the money. If, however, it was a handbook or policy manual that changed in 2012 then you may be out of luck. An employer, under the at-will doctrine, is able to change the terms of your employment at any time, going forward, and it will then be up to you to decide to continue or not. Best of luck.

posted Nov 8, 2016 06:10 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?

Since you are on notice of this your claim may be more difficult, but anytime an employer fails to pay a wage you have a claim in Florida that allows for the recover of attorney's fees and costs.

posted Nov 7, 2016 08:44 AM [EST]

Answer to I put in a 2 week notice in Florida at a job I've been with for 4 years I had a week vacation left and they said that they would pay me out on that like they did on a previous empoyee and now the day of me getting my last check they tell me they are not g

You are entitled to the vacation time only if it was accrued over time. If it was not, they are within their right to not pay it.

posted Nov 3, 2016 1:23 PM [EST]

Answer to Can my employer request a 30 day notice before I leave to another job?

You employer can request anything it wants, but it cannot require it. You are free to leave with zero notice. Unused sick time is payable to you if it was accrued over time and the employer did not have a specific policy addressing how it could be forfeited. Best of luck.

posted Oct 12, 2016 11:10 AM [EST]

Answer to Demotion and pay cut

Trying to find a way to let you go? Unless you have a contract or employment agreement that requires they have a reason, they can terminate you for any or no reason under the at-will doctrine in Florida. As for looking for a new job, if you are seeing the handwriting on the wall, it would be a good idea. Best of luck.

posted Oct 10, 2016 06:11 AM [EST]

Answer to can I email competitors employees (directly to their work email address) with job offers from my companies email address?

Risky. Florida recognizes a claim for Tortious Interference with Relationships. You may also run into problems with those employees having non-compete agreements.

posted Aug 18, 2016 08:04 AM [EST]

Answer to Vacation policy discrimination

Employer sure can, but if the reason it is treating the female employee less favorable is in fact because she is a female she may have a gender discrimination claim.

posted Aug 17, 2016 11:36 AM [EST]

Answer to Vacation policy discrimination

Employer sure can.

posted Aug 17, 2016 11:33 AM [EST]

Answer to Can my employer hold my PTO after I resign?

When PTO is accrued you have a potential claim for an unpaid wage. However, if there was something that put you on notice that resigning caused you to forfeit that benefit then there is no claim. Language regarding this is generally found in you employee handbook or manual. Contact a lawyer if you think you are entitled to his money.

posted Aug 16, 2016 06:56 AM [EST]

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