Answers Posted By Phyllis Towzey

Answer to I quit my job during a new pay period it states in the handbook if you quit without a 2 weeks notice anytime worked will be dropped to min. wage is this legal to do if so wouldn't apply to the pay period you quit in not the one that was already worked and

In my opinion they can legally go back and reduce those accrued but unpaid wages to minimum wage because you had notice of that policy prior to you submitting your resignation.

Sorry, I know that's not the answer you were hoping for.

posted Apr 8, 2016 1:26 PM [EST]

Answer to Excellent 6 year Employee completes shift and meets relief at door outside of post. Goes to restroom and returns to be summoned for training by supervisor. Completes training and returns to post for 30 minutes until post is properly staffed. Later fired f

I'm assuming from your question that you are a civilian employee at a military installation. However, without more information on the rules and policies that govern your employment, I really can't answer your question. As a federal employee you do have more protection that an employee of a private company, but again, it's going to depend on whether your conduct leaving your post at shift change before your relief was actually in place violated a workplace rule, and what the policies are. Sorry I couldn't be more help.

posted Apr 6, 2016 08:07 AM [EST]

Answer to I was harassed and stalked by a volunteer/coworker and my boss did nothing because she is a friend of the harasser. I filed a eeo claim now I'm being transferred. We will be having a mediation an I want them to not prevent me from getting unemployment if

That's not nearly enough details for me to even guess what an appropriate settlement amount would be. There are many factors, such as: (a) how severe the volunteer/coworker's conduct was; (b) when and how you complained to your boss or others; (c) whether the company has a harassment policy, and what it tells you to do in this situation; (d) whether things were bad enough that your resignation equals "constructive discharge" (i.e. the law would treat you as if you had been fired); (d) whether you have suffered any mental or physical effects of the harassment and if yo have obtained treatment (i.e. seeing a therapist, or suffering from sleeplessness, loss of appetite, anxiety, panic attacks, etc. and consulted you primary care physician); (e) what your prospects are for obtaining comparable new employment. These are just a few of the factors that can affect the value of your case. You will also need to consider issues like the company's typical response to claims - will they settle at a reasonable number, or is it their philosophy to spend whatever it takes for their lawyers to fight every claim. And think as well about your own priorities. Are you okay with a lengthy legal battle, or would you prefer to compromise on a much lower number in settlement and put the matter behind you? You will need to either come up with a number on your own taking these things into consideration, or consult with an attorney either to evaluate your case and advise you prior to the mediation, or to go to the mediation with you and represent you. Of course, if you hire an attorney, you will then have to pay your attorney, either a percentage of the settlement amount, or an hourly fee.

posted Apr 3, 2016 08:50 AM [EST]

Answer to How can I get paid minim m wage after asking several times and no action has been taken

Call the Department of Labor, Wage and Hour Division, and they will help you. Here's a link to their offices in Florida. Contract the one closest to you.
http://www.dol.gov/whd/america2.htm#Florida

posted Mar 22, 2016 10:52 AM [EST]

Answer to Can hours worked overtime be allocated at a 2:1 ratio as PTO?

This is not legal. First of all, "comp" time (i.e. time off in exchange for overtime hours instead of overtime (OT) pay) is only permitted for government employees. The only exception would be if the time off is given in the same workweek, because then you would not go over 40 hours. For example, if your employer wants you to work 2 hours on Saturday and in exchange gives you 2 hours off earlier that week, then you would still only add up to 40 hours total and no OT would be owed. It's a 1:1 ratio though. So, they need to either pay you OT at time-and-one-half your regular rate, or give you time off during the same work week so that you don't go over 40 hours.

In answering this question I am assuming that you are an hourly, non-exempt employee. If, in fact, you are paid by salary and are PROPERLY classified as exempt (there are additional tests to be met than just being a salaried employee) then you are not entitled to OT and your employer can give you extra PTO in any ratio they choose.

Hope this helps.

posted Mar 15, 2016 07:38 AM [EST]

Answer to if a non compete was signed but my employer paid me under the table and never filed taxes on me is the non compete still valid? I want to work somewhere on the books. I've only been there for 6 months and i just found out that he's not filing taxes on me.

These are two different issues, but you may be able to use the tax law violations as leverage to get out of the noncompete. However, realize that if you are not reporting that income yourself and paying taxes on it, then you are also violating the law. I would not recommend filing a lawsuit that makes your own illegal conduct public record.

You may want to hire an attorney to send a letter to your "employer" demanding that you be released.

But realize that so long as he paid you something (which he did, albeit under the table) there was "consideration" for the noncompete and it will probably be enforceable.

posted Mar 10, 2016 08:52 AM [EST]

Answer to Update to my question... I am in Florida and wondering if I have a chance at winning an appeal?

You can reapply once your severance runs out.

posted Mar 10, 2016 08:47 AM [EST]

Answer to In Florida, how does unemployment work after receiving lump sum of severance?

Under the circumstances you describe you will probably not be eligible for unemployment benefits until the 3 month period the severance was intended to cover runs out. It is likely the agency will treat the lump sum payment the same as the bi-weekly payments it replaced (especially if the severance agreement itself that the agency is reviewing specifies a 3 month period).

These issues are up to interpretation, however, so you were correct to go ahead and apply for unemployment. The worst that could happen is that your receipt of benefits will be delayed until after the 3 month period runs out.

posted Mar 9, 2016 12:58 PM [EST]

Answer to I started a new job. Became very sick on the 5th day. Called in sick. and had next 2 days off. Called the 3rd day to say that I went to the doctor and had blood tests, I would keep them informed of results. Dr. called next morning and said get right over

This is an unfortunate situation, but I do not see any violation of law here. You can contact the company to explain why you were unable to call in and offer to provide a doctor's note, but they would be under no legal obligation to rehire you unless you could show that the reason for the termination was that they believed you had a disability, and that they had treated other individuals who failed to follow the call-in policy differently (i.e. didn't fire them for violating it).

With only 5 days on the job, however, it is doubtful that you have sufficient PTO accrued to cover the absences, so the company could also have let you go for excessive absenteeism.

Again, I'm sorry you found yourself in this difficult situation so soon after starting your new job. Best wishes.

posted Mar 8, 2016 10:04 AM [EST]

Answer to Can an employer request a light duty note for a PRN employee?

How awful that your coworker has spread your personal business all over the office after overhearing your phone call. Since you did not request medical leave, in my opinion your employer does not have the right to demand a "fitness for duty" note from your physician. However, I'm not sure what you have to gain by refusing to provide one. Certainly you can take a stand on this and refuse to provide a doctor's note on principle, but if your employer then refuses to permit you to return to work, you will then have to retain a lawyer to send letters and threaten a lawsuit - and to what purpose? The employer is not asking for any medical details from your surgeon, just a statement that you are able to return to work. I suspect the employer is concerned that if you return too soon after surgery you could suffer a workplace injury which would then fall under workers comp. My advice is to go ahead and get the note.

posted Mar 8, 2016 07:47 AM [EST]