Answers Posted By Phyllis Towzey

Answer to I was denied a job because I have a Dr's appointment once a month. Can an employer do that?

It depends. You would not be eligible for FMLA intermittent leave because you have to work for the company for 12 months to be eligible. It's possible it could be a violation of the Americans With Disabilities Act (the ADA) if you have a disability or the prospective employer perceived you to have a disability.

Assuming you do have a disability, whether the employer would be required to accommodate your doctor's appointments depends on whether such accommodation would cause an undue hardship to the company. Also, the applicability of the ADA depends on whether the company has 15 or more employees. There are, however, local ordinances in most areas that prohibit discrimination based on disability if the company employs at least 5 people.

You can file charges with the EEOC, or you can hire an attorney to send a letter to the company demanding that they hire you.

posted Sep 29, 2016 3:15 PM [EST]

Answer to My company closed my home office while I was away on an expat assignment. Now they are pressuring me

You have a complicated situation that cannot be adequately addressed in a quick online response. I recommend you consult with an employment law attorney to discuss your options. In your situation, it is well worth the expense of a consultation fee to come up with a solid plan.

It is possible that your company is violating the ADEA (Age Discrimination in Employment Act) in their selection process, but it's difficult to base an entire lawsuit on an isolated comment. The home office closed, so that is clearly not a discriminatory act directed toward you. But the choice to go with someone in their 30's because they would be expected to remain with the company longer is a violation of the ADEA -- if you can prove that's what's going on.

You need to consult with an attorney specializing in employment law and weigh the potential advantages and risks of having the attorney either (a) write a letter to your company now asserting possible age discrimination, and demanding fair treatment; or (b) write an opinion letter to you on the discrimination issue that you in turn could show your boss and use as leverage in your own negotiations.

If you resign, then you may or may have waived your rights -- if they tell you sign the new contract or you are fired and you refuse to sign it, then that could be considered "constructive discharge" and your rights would be preserved. If you find a new job and leave before they can fire you, then yes, you likely have given up your rights. But that may be the best course of action for you. Finding a new job and moving on is often a better option that either forcing your company to retain you when they don't want to, or spending 2-3 years embroiled in a legal battle.

Bottom line - get some specific legal advice. Your situation is complicated.

posted Sep 29, 2016 06:20 AM [EST]

Answer to Can a company deny vacation which has already been approved?

Generally, yes. However, if you have done something in reliance on the vacation being approved (purchased nonrefundable airline tickets, for example), then if the company says you can't go and you go anyway and they fire you, you would likely be entitled to receive unemployment compensation benefits.

posted Sep 27, 2016 2:35 PM [EST]

Answer to Is it illegal for my employer to take my PTO without authorization?

I do not see any legal problem with the company's policy. There is no law that requires a company to offer PTO in the first place, and the company can establish its own policies for the use of PTO, including mandating that it be used for hours of work that are missed by employees. There is no legal basis for an employee to insist that certain hours be unpaid leave, and "save' their PTO to use later. The "occurrence" absenteeism policy has been adopted by many companies in recent years, and is also legal.

posted Sep 20, 2016 3:09 PM [EST]

Answer to Benefits Question

Unfortunately, unless you have a written employment contract that guarantees you all of these benefits for a specific period of time, your employer has the legal ability to change, reduce, or even eliminate various benefits, so long as it complies with any applicable laws (like the Affordable Care Act).

An employer can change compensations plans prospectively. They just can't reduce your pay retroactively.

posted Sep 14, 2016 4:33 PM [EST]

Answer to I am a Florida resident however my company pays me from California and I am considered a CA employee ..I was wrongfully terminated and would like to speak to a lawyer here in Florida but I keep being told I must use a CA lawyer . Is there anyone here who

You can certainly discuss this situation with a Florida employment law attorney. Depending upon the circumstances and whether you signed a written employment agreement that states lawsuits must be filed in California, you may or may not be about to sue the company here in Florida. However, a Florida lawyer can certainly send a "demand letter" to the company, and engage in negotiations on your behalf. If California law does apply, realize that it is likely more favorable to you as an employee than Florida law would be.

My advice is that you consult with a Florida attorney to assess the situation. I do not offer free consultations, but there are some employment law attorneys who do.

posted Sep 4, 2016 12:52 PM [EST]

Answer to I have an employee that was working for my company for 5 years. She left during her day work and never came back. Now she is asking for her PTO. What is the law in Florida? do i have to pay her the PTO or no?

You do not have to pay an employee who walked off the job without notice unused PTO unless you had a policy in your company that required that you do so.

posted Aug 16, 2016 07:05 AM [EST]

Answer to Can my employer not give me my last paycheck and vacation time?

First of all, unless the amount of work involved is very small, they should pay your for your time. Regarding the printer issue, can you just tell your supervisor to print them off and you will stop by and sign them? After all, it sounds like you are doing a favor for the company.

Regarding you last paycheck, legally your employer cannot withhold your last pay check. However, whether they are required to pay you for any accrued unused vacation depends on company policy.

Finally, previous employers have pretty wide latitude regarding what they can say about you to potential employers seeking a reference. Here's the Florida Statute that protects company's from actions for defamation, except in limited circumstances:

768.095 Employer immunity from liability; disclosure of information regarding former or current employees.—An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.

Chapter 760 provides: It is against the law to discriminate in employment on the basis of race, color, religion, sex, national origin, age, handicap or marital status.

posted Aug 14, 2016 12:15 PM [EST]

Answer to Can my employer write me up if I gave them a month's notice that I was going out of town for a week on my birthday? I tried to use PTO but they say someone else already has those days off. I am in Florida. Please help.

Sorry, but your boss can write you up. Even when you have PTO available, the company can still say no to a request for time off if it would leave them short-staffed. You indicate you gave them a month's notice, but did not say the time off was previously approved. If your boss did approve the time and then later changed his mind, he can still write you up but you could provide this explanation if your employment is terminated for excessive absenteeism and you are applying for unemployment compensation benefits.

posted Aug 1, 2016 11:37 AM [EST]

Answer to Resigned and not paid bonus

I'm sorry but this isn't enough information to answer the question. It depends on whether there is a written bonus plan or policy, whether the bonus is discretionary or part of your negotiated compensation, whether it is a commission, etc. Many companies do have policies whereby employees are not eligible to receive bonuses unless they are employed there on the day the bonuses are distributed.

posted Jul 24, 2016 12:54 PM [EST]