Phyllis Towzey
- Member Information
- Answers Posted
- Articles Posted
- Documents Posted
- Blog Articles Posted
Answers Posted By Phyllis Towzey
Answer to Is it defamation or harassment if I vented to facebook about a coworker without naming them at all.
This is not a lot of detail, but here are some overall things to consider.First, "publishing" something on Facebook is the same as publishing it anywhere else. If you made a false and negative statement against another person to a third party (i.e. someone other than that person themselves) then you could potentially be sued by that person for defamation. For some types of defamation, the person would have to prove actual damages. Defamation "per se" - statements that are deemed to cause harm to one's reputation regardless of whether any actual monetary damage is suffered - can entitle the person to money damages without proving actual monetary loss as a result of your statements. To be liable you would not have to have named the person, if it would be clear to the recipients of the communication who the person was. Of course, truth is a defense to a claim of defamation.
Second, whether there is any risk of disciplinary action against you at work depends on two things: (A) what your company's policies are on posting on social media about coworkers and/or things that happen in the workplace; and (B) the actual content of what you posted.
Florida is an "employment at will" state, so your employer can discipline or fire you for any reason or no reason at all, so long as they don't violate one of the federal or state employment laws (for example, discrimination based on age, sex, race, religion, etc.) So, your employer can fire you for violating their social media policy (if they have one) or just fire you because they don't like what you posted.
There is one exception to that. The National Labor Relations Act prohibits your employer from firing you for engaging in "concerted activity" which means communicating with coworkers about the terms and conditions of your employment. If your post falls into that category -- and at least one other employee of the company is a fb friend of yours - then firing you would be a violation of the labor laws. This is a very limited exception, however, and would not protect you if you engaged in defamatory statements or name-callling.
Hope this helps.
posted May 31, 2016 12:09 PM [EST]
Answer to Can overtime be paid separately at straight-time pay?
No, that's not legal. You should have been paid time-and-one-half. You can make a complaint with the Department of Labor, or contact an attorney to represent you. This also violates the tax laws, as I assume nothing was withheld for taxes or reported on your W-2.posted May 29, 2016 12:28 PM [EST]
I'm sorry, I don't understand your question. If you are saying that you were paid by salary but should not have been an "exempt employee" under the wage and hour laws (i.e. that you should have been paid overtime, you can only go back 2 years from the date you file a lawsuit (3 years it it was a willful violation), so you could not get paid now for the entire 10 1/2 years of your employment.
posted May 29, 2016 12:26 PM [EST]
posted May 29, 2016 12:26 PM [EST]
Answer to Can I get my job back or am I entitled my annual and sick leave pay?
Probably not. If you were fired during an established 90-day probationary period, then there is likely nothing you can do to appeal the termination, or to claim any accrued PTO. However, I'm not familiar with the specific policies of the DOC re terminations during probationary periods, so you should at least contact their HR office for a clarification on the PTO issue.posted May 26, 2016 12:37 PM [EST]
Answer to Can my employer deny my employer deny vacation time because they had to approve FMLA first?
To add to Mr. Schofield's response, although an employer cannot treat you differently because you used FMLA, they CAN treat you the same as they would any employee who was out during the rent collection period for a non-FMLA reason and then had a vacation scheduled during another rent collection period. Unless you can think of a situation where someone similarly situated (i.e. another property manager or an employee who is needed more during certain periods of time due to job functions) in the company missed similar time for another personal (non-FMLA) reason and then was still allowed to take their vacation during a similar higher work period, then you might have a claim that denying your vacation time is unlawful retaliation under the FMLA. However, the chances that there's a similar situation in you company that you can compare to are pretty slim. You best option is to plead and lay out a case for hardship (you already paid a nonrefundable deposit, you didn't anticipate needed the FMLA leave, you would be so grateful if they would approve this request, you are so sorry for any inconvenience this causes, etc.) rather than to make threats or accuse them of violating the FMLA.posted May 18, 2016 06:18 AM [EST]
Employers consider many factors in deciding whose hours to cut, and while not all those factors are fair, unfairness does not always mean illegal. Employers in Florida are not required to take seniority into account when selecting employees for a reduction in hours.
You would only have recourse if the employer had a discriminatory motive in choosing you -- if they selected you based on your race, age (over 40), national origin, color, disability, sex, marital status, sexual orientation (in some city's/counties), religion, diability, or in retaliation for you complaining about illegal practices or wage and hour violations, or exercising your rights under the FMLA.
If it was just a case of favoritism there's nothing you can do.
If you hours are cut so significantly that you go from full time to part time employment, you can apply for unemployment compensation benefits.
posted May 10, 2016 07:49 AM [EST]
You would only have recourse if the employer had a discriminatory motive in choosing you -- if they selected you based on your race, age (over 40), national origin, color, disability, sex, marital status, sexual orientation (in some city's/counties), religion, diability, or in retaliation for you complaining about illegal practices or wage and hour violations, or exercising your rights under the FMLA.
If it was just a case of favoritism there's nothing you can do.
If you hours are cut so significantly that you go from full time to part time employment, you can apply for unemployment compensation benefits.
posted May 10, 2016 07:49 AM [EST]
You should be fine, because you returned to work after your vacation, if only for one day. So they cannot claim that instead of being on vacation as planned you had actually already abandoned your job.
This puts you in a much stronger legal position than if you took the vacation and then called in and quit on the last day with no notice, just because you gave notice, even if they choose not to accept it and they tell you to leave now. They would not have to pay you for the offered notice period (actually you could get unemployment comp for those two weeks), but they would have to pay you for the vacation.
posted May 5, 2016 05:25 AM [EST]
This puts you in a much stronger legal position than if you took the vacation and then called in and quit on the last day with no notice, just because you gave notice, even if they choose not to accept it and they tell you to leave now. They would not have to pay you for the offered notice period (actually you could get unemployment comp for those two weeks), but they would have to pay you for the vacation.
posted May 5, 2016 05:25 AM [EST]
Answer to Can a employer withhold or not pay me my vacation pay if i quit on the last day of my vacation?
So you are going to quit without notice on your last day of vacation and just never go back? That's an interesting question. You may have a breach of implied contract claim if they don't pay you. The wage and hour laws won't help you because they only cover pay for hours actually worked, and do not address paid time off.Unless the employer has a policy regarding required notice, or a policy that directly addresses this issue (not likely), then legally they cannot deduct money from your last paycheck. As a practical matter, however, they might not pay you and you would have to either walk away or file a lawsuit in small claims court.
I don't know what type of job you have or if you are continuing to work in the same field, but you may want to consider the effect this will have on what your employer says if someone calls checking references in the future.
posted May 4, 2016 6:22 PM [EST]
Sorry to hear this happened to you. The issue is what is the real reason you were fired. If the company did in fact fire you because your boss believed that you told others he and his wife were stealing from the company, then under Florida law the company can fire you regardless of whether the accusation is true, because Florida is an "employment at will" state. That means you can by fired at any time for any reason or for no reason at all.
The exception to that is that you can not be fired in violation of one of the federal and state discrimination laws, or in retaliation for being a "whistleblower" who objected to an illegal practice. (Whistleblower does not seem to apply here because you indicated you did not make the theft allegation - another employee did and wrongly attributed it to you). You mentioned in the email that Rod has made a nasty racial comment to you at least once in the past. However, for that to form the basis for a lawsuit, one of two things must be true: either the comments have to have been severe and pervasive enough to create a hostile work environment (not just an isolated instance of him calling you a racial name), or racial discrimination has to have been the reason Rod chose to fire you.
The other issues you mentioned - like a dispute over how much you should be paid, the fact that Rod doesn't like one of this employees playing golf with a board member, Rod stealing your ideas and claiming them for his own, and any yelling or name-calling that was NOT racially motivated (i.e. just him being a jerk) are all horribly unfair but not illegal, and do not give you any basis for a claim against the company.
You have two options: (1) file a charge with the EEOC based on racial discrimination during your employment and in your termination; or (2) contact an employment law attorney to evaluate whether you have a case against the company. If you contact an attorney and they take your case, they will likely send a "demand letter" to the company first, and if that doesn't resolve the matter, they will have you file a charge with the EEOC (you have to go though that step first before you can file a lawsuit of discrimination). Make sure you hire an employment law attorney, not just any attorney, since this is a very specialized area of the law. Also, many employment law attorneys do take cases on a contingency fee basis (the lawyer gets a percentage) rather than on an hourly rate -- for most people, paying an hourly rate for a lawsuit is not affordable. On the other hand, if the case can be settled just by the sending of a demand letter, you are better off paying an hourly fee. A lot depends on what you want -- Your job back? Money damages? If you hire a lawyer, discuss those options.
If you choose just to file an EEOC charge yourself, you can just go to the nearest EEOC office (you can find them online) and complete the paperwork. The company will be notified and may agree to mediate. If not, the case will go to an investigator and will take at least 6 months. You can find out more about the EEOC process here: https://www.eeoc.gov/field/tampa/charge.cfm That's a link to the Tampa Area Office (I don't know where you are located).
Meanwhile, you are entitled to unemployment compensation benefits, and can file online: http://www.stateofflorida.com/articles/florida-unemployment.aspx />
Good luck.
posted May 2, 2016 08:56 AM [EST]
The exception to that is that you can not be fired in violation of one of the federal and state discrimination laws, or in retaliation for being a "whistleblower" who objected to an illegal practice. (Whistleblower does not seem to apply here because you indicated you did not make the theft allegation - another employee did and wrongly attributed it to you). You mentioned in the email that Rod has made a nasty racial comment to you at least once in the past. However, for that to form the basis for a lawsuit, one of two things must be true: either the comments have to have been severe and pervasive enough to create a hostile work environment (not just an isolated instance of him calling you a racial name), or racial discrimination has to have been the reason Rod chose to fire you.
The other issues you mentioned - like a dispute over how much you should be paid, the fact that Rod doesn't like one of this employees playing golf with a board member, Rod stealing your ideas and claiming them for his own, and any yelling or name-calling that was NOT racially motivated (i.e. just him being a jerk) are all horribly unfair but not illegal, and do not give you any basis for a claim against the company.
You have two options: (1) file a charge with the EEOC based on racial discrimination during your employment and in your termination; or (2) contact an employment law attorney to evaluate whether you have a case against the company. If you contact an attorney and they take your case, they will likely send a "demand letter" to the company first, and if that doesn't resolve the matter, they will have you file a charge with the EEOC (you have to go though that step first before you can file a lawsuit of discrimination). Make sure you hire an employment law attorney, not just any attorney, since this is a very specialized area of the law. Also, many employment law attorneys do take cases on a contingency fee basis (the lawyer gets a percentage) rather than on an hourly rate -- for most people, paying an hourly rate for a lawsuit is not affordable. On the other hand, if the case can be settled just by the sending of a demand letter, you are better off paying an hourly fee. A lot depends on what you want -- Your job back? Money damages? If you hire a lawyer, discuss those options.
If you choose just to file an EEOC charge yourself, you can just go to the nearest EEOC office (you can find them online) and complete the paperwork. The company will be notified and may agree to mediate. If not, the case will go to an investigator and will take at least 6 months. You can find out more about the EEOC process here: https://www.eeoc.gov/field/tampa/charge.cfm That's a link to the Tampa Area Office (I don't know where you are located).
Meanwhile, you are entitled to unemployment compensation benefits, and can file online: http://www.stateofflorida.com/articles/florida-unemployment.aspx
Good luck.
posted May 2, 2016 08:56 AM [EST]
If I'm understanding your situation correctly, you voluntarily resigned from your job, and provided notice stating that your resignation was effective April 14. Your employer accepted your resignation and accelerated the effective date to April 11. So, you would be entitled to receive unemployment compensation benefits for the 3 day period between your notice of resignation date and the earlier date chosen by your employer. It's probably not worth the effort to file for unemployment benefits for 3 days, but legally you are entitled to do so.
Here's a link with info on Florida unemployment filing and benefits: http://www.stateofflorida.com/articles/florida-unemployment.aspx />
Regarding the 3 days of accrued, unused vacation time, whether you are entitled to be paid for these depends on your employer's policy regarding whether a resigning employee receives any payout for unused vacation days, and what New York law provides, since that is where you worked. The first step would be for you to check any employee handbook you had, or just call HR and ask them what the policy is on unused vacation days.
posted Apr 27, 2016 07:57 AM [EST]
Here's a link with info on Florida unemployment filing and benefits: http://www.stateofflorida.com/articles/florida-unemployment.aspx
Regarding the 3 days of accrued, unused vacation time, whether you are entitled to be paid for these depends on your employer's policy regarding whether a resigning employee receives any payout for unused vacation days, and what New York law provides, since that is where you worked. The first step would be for you to check any employee handbook you had, or just call HR and ask them what the policy is on unused vacation days.
posted Apr 27, 2016 07:57 AM [EST]