Florida Employment Legal Questions

The employment terms, including the compensation structure, does not need to be reduced to a writing for it to be enforceable.  Here, the fact you've been accepting the reduced commissions since January would not be a favorable factor for you should this case end up in litigation.  Ultimately, the prior written agreement would need to be evaluated by a lawyer in your area to see what effect, if any, it has on the current compensation schedule.     ... Read Answer

Vacation pay entitlement is not determined by federal law. Rather it is determined under Florida state law. In many states, such as Georgia, there is no right to collect vacation pay unless there is a contract. A smaller number of states require employers to pay employees accrued but unused vacation pay after their termination. Some states find that there is a contract between the employer and the employee to pay vacation pay and they find the terms of that contract in the vacation benefits section of the employee handbook.  This is an issue that you should discuss with a local lawyer in Florida.   Michael Caldwell 404-979-3150 ... Read Answer

Your wife should consult an attorney and make sure that the investigation into the harassment is going as it should, in accordance with EEOC guidelines. There is no in-office right to a hearing in most settings, but the investigation should include a chance for her to rebut the allegations.... Read Answer

There is a statute outlawing employers saying false, negative things about ex-employees. However, if the things he is saying are true, or if they are mere opinions (he wasn't a good worker) then that's not illegal. Have a friend call pretending to be a prospective employer asking for a reference and see what he is saying. Then have a lawyer write a cease and desist letter advising the employer that what he is doing is illegal and that you have a witness. That should stop him.... Read Answer

Your employer is obligated to pay you for all the time you worked. Florida's wage statute will govern how long it can wait. Usually it's about 2 weeks.   As far as your 401 K plan goes, get a copy of the 401 K Plan by writing to your employer and demanding it pursuant to ERISA.  The employer is obligated to provide it within a reasonable period. Read the plan to see what you must do for withdrawals. Follow the plan's requirements to the letter. If the employer still refuses to release the funds or pay the back wages, then find an employment lawyer in Florida and sue hi,   Michael Caldwell 404-979-3150... Read Answer

Issue is whether you and your co employees might reasonably expect your conversations to be recorder. Normally the employer should provide advance notice but he might not have to if these conversations are held on the employer's premises and could be employment related speech or discussions regarding work. Is the Surveillance Legal? Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C.A. ?? 2510-2520) generally provides that any person whose communication is intercepted, disclosed, or intentionally used can file a civil lawsuit. Many states have adopted the federal law, and some states provide greater protection. Under most communication interception statutes, a two-step analysis is used to determine whether surveillance is legal. First, a court must examine the statute to determine whether the communication at issue falls within the scope of the statute. If so, the court then examines whether an exception might apply. A two-step analysis is used to determine whether surveillance is legal. First, a court must examine the statute to determine whether the communication at issue falls within the scope of the statute. If so, the court then examines whether an exception might apply.In the first step, the most common issue is whether a conversation is private; most statutes only cover confidential or private communication. A general rule is that if the people engaged in the conversation can reasonably expect their conversation to remain private, then the statute protects that conversation. Courts normally consider telephone conversations to be private. Some exceptions include fellow members of a family listening by picking up an extension in the same house, and an employee using a work telephone to make a personal call.... Read Answer

Employers can generally do anything they want regarding application and hiring policy as long as they do not discriminate against you. E.g. If they permit other potential employees to take the paperwork home to read before signing up. However there must be disparate treatment based upon prohibitive conduct by the employer. E.g. "prohibited factor" means a factor prohibited by law from being used in making employment decisions. Under Executive Order ll246, as amended, the prohibited factors are race, color, religion, sex, and national origin. Under Section 503 of the Rehabilitation Act of 1973.... Read Answer

In Florida, a lawsuit for defamation requires several elements of proof.  It will be essential that you can prove that your employer knew or should have known that the statements were false.  You will also have to show actual damages (for example, the money you will be repaying unemployment).  There is a defense based on a litigation privilege, meaning statement made during the course of litigation are privileged and will not constitute the basis of an action for defamation.   You will need to review the facts with an attorney experienced in these types of cases.   ... Read Answer

You are entitled to a minimum wage.  This is true whether or not you are related to your employer.  You only have a limited period of time to claim unpaid wages.  This is known as the Statute of Limitations.  It gets complicated and should seek out an attorney who specializes in wage and hour claims.  Generally, the Fair Labor Standards Act requires an action to begin within 2 years of when your employer failed to pay you minimum wages or overtime.  You also have 2 years to bring an action from when your employer retaliated or discriminated against you for asserting your rights under the law. Another provision in the law allows a case to be brought within 3 years of the employer's violation was wilful.   ... Read Answer

If your employer mistakenly paid you wages for time you didn't work, and you received the wages and he has asked you to return the unpaid portion, he has a legitimate legal claim against you for unjust enrichment if you retain the money.  The question from the employer's perspective is whether he wants to engage in the expense of suing you for the overpaid wages.  The question from your perspective is whether you want to be an  honest person or one that takes advantage of other people's mistakes to enrich yourself.    Michael Caldwell 404-979-3150... Read Answer

Since Florida law, like that of most states, starts with the premise that every employee is employed "at will" the employer has no obligation to continue your employment and can make your employment contingent upon your faithful performance of every task the supervisors assigns to you.  There are a lot of legally-sufficient reasons for an employer to ask an employee to write out every duty the performs.  This commonly is one of the first steps that employers use when writing descriptions.  It is a legitimate command and if you disobey them, you do so at the peril of losing your job for insubordination.   Michael Caldwell 404-979-3150    ... Read Answer

It appears that your employer is attempting to treat you as an independent contractor.  If so this is probably incorrect.  He should be treating you as an employee. I don't believe you come under any of the Automobile Dealer exemptions since you are not a mechanic, service writer etc.  Under federal law you are being underpaid on an hourly basis and apparently not being paid overtime.  Your boss could be required to pay you twice the amount he has been underpaying you,going back 3 years (for a willful violation of the FLSA) plus your attorneys fees and interest.   You also can contact the US Department of Labor Wage and Hour administration. You can find their number in your local phone book under US Government.   Michael Caldwell 404-979-3150... Read Answer

As more minorities and women become business owners and managers, we have seen an increase in cases in which nonminority males have experienced discrimination and what lawyers call "hostile work environment."  The law prohibits discrimination or harassment based on race, and it applies equally to minority and nonminority workers.  Just as it is unlawful for a white business owner or supervisor to discriminate against or harass an African American worker, it is unlawful for a minority owner/supervisor to discriminate against or harass a white employee.  Though you really don't provide enough facts for me to give you much guidance, repeated allegations that a white employee is a "racist" made by an African American owner or supervisor may create a "racially hostile work environment" which violates the law.  I suggest you contact your local human rights or civil rights commission for guidance.... Read Answer

I've never come across anything quite like this before, but I'll give you a general response.  Federal wage and hour laws require employers to pay hourly employees for all "time worked."  Though there are thousands of cases dealing with what constitutes "time worked," it is usually defined as time when the employee is at the beck and call of the employer.  If your employer prevented you from leaving the business, I don't think it makes any difference whether you had clocked out or not.  If the employer required you to be present in the work area (the retail store), that would be considered "time worked."  The same would apply if the employer required you to work "off the clock."  Unless there was some reason you could not be allowed to leave the store after you clocked out (a security issue, or some other valid reason for preventing the public at large from entering or leaving the store, or you had clocked out after the employer instructed you to stay and help other employees,) I think the time spent in the store after you clocked out may well be "time worked" for which you would be entitled to be paid.... Read Answer