Answers Posted By Alberto Naranjo

Answer to I am getting ready to give my 2 week notice. I have approx. 48 hours of accrued PTO that I am wanting to be paid for. I am in Florida. How do I ask for this? I know that they have paid PTO to someone else a couple of years ago that had given 2 week notice

A good place to start would be your company's handbook, have others been paid? Worse case you can ask about it before you leave or maybe you want to use your time off before you leave. Sometimes your owed the unused PTO and sometimes your not, many times it depends on the company's own policies.

posted Sep 24, 2020 07:58 AM [EST]

Answer to What if my employer does not want to pay me and I am sick with COVID-19 am i covered under ffcra?

I see the rest of your question. Department of Labor and an employment attorney can help with this and here is the direct link to the DOL's webiste with this new law:

https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

As long as the company has less than 500 Employees it applies but business can file for exemptions and waivers.

posted Jun 30, 2020 10:51 AM [EST]

Answer to Does the FFCRA apply to an employer that has 5-8 employees?

Not sure I follow the question but if your having issues with unpaid wages, the number of employees should not matter. You will have a claim but under what law will depend on the companies revnues and coverage.

Maybe reach out to an attorney for some help as many can do so for little to no money down. You may also want to contact a local county wage theft agency if applicable to your area.

Lastly, you can also contact the Department of Labor but I suggest you get an unpaid wage attorney that does employment law.

posted Jun 30, 2020 10:47 AM [EST]

Answer to Is it legal for an employer to request mandatory overtime from non-exempt (hourly) employees over the weekend and make it policy that if the employees cannot do the OT they must use their accrued PTO time? State is Florida.

I do not see an issue with requiring to work OT unless only a certain group of employees or your being targeted for a particular reason. If the time is required you should review your leave policy, termination rules, etc, but my gut is that they can do that as well unless other are allowed to get away with it as well.

Basically seems fine they can do this unless there is more to the story. You can always speak to an employment attorney to explore all options, facts and laws.

Best,
-Alberto Naranjo

posted Jun 3, 2020 8:00 PM [EST]

Answer to I have been laid off due to covid-19 from my management position at a hotel. I was owed paid time and my insensitive/bonus which was earned prior to being laid off. Are they required to give me what i have earned?

I agree with Archibald Thomas. I would also write them an email, text or something in writing requesting the pay. If no response, consider speaking with an attorney, wage theft or even maybe filing a small claims lawsuit. It's always a good idea to have an attorney help and review your documents just to make sure your doing it correctly.

posted May 5, 2020 2:46 PM [EST]

Answer to I am at the end of a three year contract with my employer. I was planning to give my required 3 month notice this month. They are now asking us to take voluntary 30, 60, or 90 day furlough. Can I give my notice during furlough?

An attorney would have to review your contract to be sure.

posted Apr 4, 2020 7:03 PM [EST]

Answer to My employer is using my PTO while coronavirus lockdown is in place in Florida, but expected to work from home. Is that legitimate?

This seems wrong. If your working you should be paid. There are more facts that are needed, such as if your correctly classified as a salary employee or hourly, this is not just based on how the company pays you but what your actual job duties are so I would reach out to an employment attorney.

posted Apr 4, 2020 5:31 PM [EST]

Answer to wrongly accused by ex emplooyer

More information is needed to see if you have an employment law case. I would suggest that you keep records and a timeline of all events and speak to an attorney to see if you have a case. You can file with the EEOC if its based on discrimination or if wrongful terminated you can also file for unemployment. Its always best to first speak with an attorney to make sure your doing the right thing for your particular situation.

posted Mar 25, 2020 07:08 AM [EST]

Answer to I was laid off this past week due to COVID19 is the company required to pay me my PTO?

If you have a contract of employment, that would govern if they have to pay the PTO or not. Also, I would determine if they are paying some people the PTO and not the others. I would contact an employment lawyer in your area to flush out all the facts and review the documents.

posted Mar 22, 2020 09:40 AM [EST]

Answer to I'm in Florida. I am an inside sales consultant. My employer states I cannot work from home because I have to be an hourly paid associate. Is this true?

There is no law that requires you to work in a certain position but if your position is changed, you may be required under the law to be paid in a different manner and its really up to the company to decide how they want to set up their business and what type of positions they want to offer as it could effect the way they are required to pay you. The only way I can see you having a case or maybe some sort of violation happening is if they did not allow you to work from home due to some sort of discrimination, you can read about that at the Equal Employment Opportunity Commission's website aka as the EEOC (https://www.eeoc.gov/). The good thing about being an hourly associate is that your owed overtime pay if you work more than 40 hours in a work week, meaning you get paid 1.5 times your regular pay rate.

These are just some of my quick thoughts based on the questions but its always best to consult with an employment attorney as so many different factors go into employment law cases or issues.

Best Wishes
-Alberto Naranjo

posted Feb 19, 2020 09:12 AM [EST]