my last emplyer of 45 days reduses to pay me my last weeks salary bc I left

I worked for approx 45-60 days and found a better paying w/benefits job. so I gave an approx weeks notice. but it was very uncomforatble so it ended up being 3 1/2 days. they were mad so they are refusing to mail my check, said i had to come in eprson, so i tried to come in person and they say this day is not good, ignored my texts, emails and calls. how do I get them to give me what i earned and worked for!

1 answer  |  asked May 30, 2011 11:47 AM [EST]  |  applies to Florida

Answers (1)

William Carnes
Thank you for your inquiry. You bring up issues that warrant consideration.

If you worked 3 1/2 days, they owe you for that amount of time. The amount of money they owe you is difficult to reasonably litigate. You may wish to try one more time to communicate with them to find a convenient time to pick up your check. You can make a complaint with the Department of Labor for failure to pay minimum wage. That may get their attention but may not be the full amount owed.

There are various federal and state statutes and common law causes of action that you might wish to pursue in order to best serve your interests. These include, but are not limited to the following: breach of contract, oral and written, misrepresentation, negligent or otherwise, fraud, defamation, libel, battery, assault, slander, intentional infliction of emotional distress, workers' compensation retaliation, interference with an advantageous business relationship, negligent hiring, negligent retention, discrimination, claims or rights under state and federal whistle blower legislation including Sections 448.101-448.105, Fla. Stat., claims or rights under the Family Medical Leave Act ("FMLA"), Fair Labor Standards Act ("FLSA"), as amended, the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), Employee Retirement Income Security Act (` ERISA") of 1974, as amended, the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), the Equal Pay Act ("EPA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, the Florida Civil Rights Act of 1992 ("FCRA") Fla. Stat Chapter 760.

There are one or more statutes of limitation for these causes of action. If you wish to pursue a claim, you must file the complaint prior to the end of the limitation period, or the claim will be barred.

Many statutory violations have to be initiated through the proper administrative agency which is frequently the EEOC office and/or the Florida Commission on Human Relations. If you feel that your rights under these laws have been violated, I encourage you to seek redress with the proper agency as soon as possible. These have reduced periods of time during which an action can be commenced, or the cause action will be barred if not timely commenced. Please remember that many, but not all, federal discrimination claims must be filed appropriately within three hundred (300) days after the alleged act(s) of discriminatory conduct. Many, but not all, state claims of discrimination must be filed within three hundred sixty-five (365) days after the alleged act(s) of discrimination. The statute of limitations may be less or greater for other causes of action.

While the EEOC/Commission on Human Relations administrative process can operate without the assistance of a private attorney, you may wish to retain private counsel to assist you in filing a claim. A privately retained attorney can assist in investigating the claim, recognizing the issues, identifying the defendants and drafting the charges. It is important to remember, however, that you must file the charges in a timely manner or the action will be barred. The date of these occurrences is very important and should be determined in order to avoid the statute of limitations.

Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client.

During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer. In order to provide such a service to our clients, we must charge a fee of two hundred and seventy-five dollars ($275.00). For your convenience, our law firm accepts most major credit cards.

Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case.

The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.

William Jeffrey Carnes
Attorney at Law
Labor and Employment Law
6018 Flora Vista Avenue
Tampa, Florida 33604
Office Phone: 813-254-4757
Facsimile: 813-234-0401
E-mail: wjcarnes@aol.com
Internet: WJCarnes.com

Providing Consultation, Advice and Counsel, since 1993, on Matters of Employment Discrimination, EEOC Investigations, Individual Employment Disputes and Employment Contracts, Restrictive Covenants, Severance Negotiation, Collective Bargaining, Grievance Analysis, Arbitration, Mediation Advocacy, MSPB, NLRB and PERC Litigation, Administrative Hearings, and Licensure Proceedings.

The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

posted by William Carnes  |  May 31, 2011 1:51 PM [EST]

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