QUESTION

After quiting my job two weeks ago, the office manager is refusing to give me my paycheck unless I give a letter of resignation.

Asked on Nov 25th, 2011 on Labor and Employment - Florida
More details to this question:
Is this legal and if not, what are my options?
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1 ANSWER

Personal Injury Law Attorney serving Coral Gables, FL
1 Award
A recent appellate decision upholds the right to recover unpaid wages together with attorneys fees and costs. This is a powerful tool. In the recent case, the employee was awarded wages of $31,000, interest, court costs and attorneys fees of $112,000. The law in question is Florida Statute §448.08. In addition, claims may be available under the Fair Labor Standards Act or Florida's Minimum Wage Act. As in all cases, it's important to be aware of the statute of limitations. Failure to act in a timely fashion results in a claim being forever barred. There are at least three potential limitations periods which may apply. The first provides for a two-year statute of limitations in an action to recover unpaid wages.  The second statute of limitations period is a four-year statute of limitation which applies to violations, other than willful violations, of Florida's Minimum Wage Act. The third statute of limitations period is the longest and it provides for a five year statute of limitations for a willful violation of Florida's Minimum Wage Act. This last period may apply to you because your employer knows it is liable for your wages.Requiring a resignation is not a valid excuse for non-payment. In a similar vein, an employer is not entitled to deduct from a final paycheck for things like property the employer suspects the employee took or even stole.Finally, your employer owes interest.  In calculating this, you should have gotten your last paycheck no later than the next regularly scheduled payroll following your termination.
Answered on Dec 05th, 2011 at 1:06 PM

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