Answers Posted By Arthur Schofield

Answer to I am a manager at mcdonalds can my employers make me pay for money missing out of the safe when the policy is that each manager needs to count the safe after each shift so they know where money comes up missing but refused to do that and now is trying to

Make you, no, but you also cannot make them continue your employment. Hope this helps.

posted Jun 24, 2016 09:54 AM [EST]

Answer to My employer is ending PTO. They state they will buy back unused hours at $.25 on the dollar. I'm in Florida. Is this legal. I have 400 hours of PTO

Not if it is accrued. You have a legal right to force a full 100% payout, but you have no right to continued employment so you will have to consider the potential consequences of forcing the employer to pay. Best of luck.

posted Jun 22, 2016 1:36 PM [EST]

Answer to Can my employee hold my final paycheck because they are angry that I am leaving?

No, an employer is obligated to pay you for each and every hour/minute you work. If the employer does not give you this last paycheck, contact a lawyer of your choosing to reach out to this employer. Once the employer learns of its legal exposures, they typically pay up quickly. Best of luck.

posted Jun 22, 2016 06:11 AM [EST]

Answer to I reported sexual harassment on 2 different men at my job over a year ago. One of the men was fired another was given a 3 day suspension. They told me I was to be separated from the other employee yet several months later my superintendent put the employe

Claims for sexual harassment are, like others, fact intensive. You mention some facts here that may support a claim, however, much more is needed. These claims can have short filing deadlines, sometimes as short as 180 days for the administrative filings, but never longer than 365 days. I recommend you speak with counsel of your choosing as soon as possible. Best of luck.

posted May 31, 2016 06:33 AM [EST]

Answer to I am being falsely accused of harassment, discrimination and retaliation at work.

You may want to seek legal counsel to address the employer, but the employer is going to be free to conduct the investigation in the manner is deems appropriate and reach the conclusion it deems just. Counsel may be able to point some matters out for consideration. There are several good employment attorneys in WPB, our office being one.

posted May 27, 2016 11:56 AM [EST]

Answer to i live in florida. I'm on fmla and I resigned with a 2 week notice which has been met to completion. I have some remaining pto, is the company required to pay out my earned pto?

Depends on how it was earned. Over time then, yes, you have a legal claim for it. Being out on leave when you resign may, however, make this a difficult claim. Reach out to counsel to discuss and best of luck.

posted May 23, 2016 1:52 PM [EST]

Answer to Can my employer deny my employer deny vacation time because they had to approve FMLA first?

When to grant vacation time, or deny vacation time, is completely discretionary to the employer. Leave under the FMLA, assuming it is covered leave, is not discretionary. Depending on the size of the employer and the employer's ability to provide for leave for extended times that vacation could be denied if it adds to an absence taken as a result of FMLA leave. I recommend treading carefully here. While it is a violation of the law for an employer to terminate you for taking leave under the FMLA, it has every right to terminate your employment for any absences not covered under the FMLA. If you vacation time is that important, perhaps another family member could take time to assist your father. Best of luck.

posted May 18, 2016 05:40 AM [EST]

Answer to My employer is witholding my wages for a mistake I made in training

You can sue them for unpaid wages. Of course, suing your employer is tricky if you want to continue with your employment. I recommend reaching out to a lawyer to address this diplomatically if you are looking to continue with your employment. Best of luck.

posted May 16, 2016 12:24 PM [EST]

Answer to Can I get unemployment?

Possibly not. Since you are turning down employment, you are causing the loss of income. Unless the two positions are so very different and it is placing you in a position that you cannot hold, your benefits could be denied. The employer, however, would have to advise unemployment of the offer. If it does not and you simply state that you were terminated/laid off, you would get your benefits. Hope this helps.

posted May 16, 2016 11:15 AM [EST]

Answer to in florida i just recently put my two week notice IN and i have 82 hours of pto left and they are saying i am supose to use it or lose it > dont they have to pay me for it as in my offer letter that was signed it dosent state that i lose it ? l also have

Depends on a couple of factors. One, language in the employee handbook could touch on this and, two, if it is not accrued over time then you have no legal claim for it. Reach out to a lawyer to discuss in greater detail. If you have a legal claim for it, it may be one that comes with the ability to recover attorneys fees which could allow you to purse this through counsel with no expense to you. Best of luck.

posted May 16, 2016 08:15 AM [EST]
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