Answers Posted By Arthur Schofield

Answer to Unusual case of reversed discrimination or bad management? do i have a case?

Discrimination exists whenever one group is treated less favorably than another; it is not a matter of reverse discrimination. If you feel you are being treated less favorably because you are white, you have the ability to have that claim addressed by the EEOC and/or the FCHR. Doing so provides you with anti-retaliation rights, but it is always uncomfortable, if not difficult, filing a claim against the employer you current work for. Whether you do so or not is a choice you will have to make. I do recommend that if you file a Charge with the EEOC and/or the FCHR that you do so through counsel. This filing is potentially the first step in the filing of lawsuit and, as such, you want to make sure it is done properly.

posted Jun 10, 2015 09:03 AM [EST]

Answer to got my answer

You are not entitled to take time off. You could be entitled to the compensation for the two weeks not taken, but only if the vacation time was accrued over time as opposed to simply being granted or given to you based on your longevity. Hope this helps.

posted Jun 5, 2015 09:58 AM [EST]

Answer to I'm in Florida and have been told that my job ends on 6/30; they are offering us severance in a lump sum, following the 60 day WARN period which begins July 1. If I find employment between 7/1 and 8/31 (the WARN period), will it invalidate my right to a s

If you find work during the 60 day period, you are still entitled to your severance pay. Hope this helps.

posted Jun 1, 2015 06:04 AM [EST]

Answer to My contract says I will be paid pro rata compensation through last day worked. If we earn summer pay thru work during the school year, do I get that compensation?

This, again, will depend on the language of the contract as a whole. There could be forfeiture provisions, continued employment requirement provisions, etc. The contract will have to be reviewed to provide any worthwhile answer you can rely upon.

posted May 27, 2015 08:15 AM [EST]

Answer to Can a teacher be denied summer pay if terminated at end of school year?

Answer will depend on the language of your contract. It will have to be shared and reviewed to answer your question.

posted May 27, 2015 07:51 AM [EST]

Answer to Sexual Harassment and vacation

Regardless of the size of the employer, you are entitled to your earned wages. Contact a lawyer of your choosing. As these claims come with the ability to recover attorney's fees and costs, once an employer learns of this they pay up rather quickly in most instances. As for the harassment, if it involved an assault or battery, there are claims you can pursue regardless of the number of employees. Best of luck.

posted May 26, 2015 06:03 AM [EST]

Answer to In Florida, does an employer have to honor 401[k] contributions wrt PTO paid out subsequent to termination?

401K contributions you made are yours; those the employer made may be subject to some vesting rights. Not following the question about PTO.

posted May 26, 2015 05:57 AM [EST]

Answer to I was asked to leave a good paying job to work for another company and have it in writing that they would match my salary then after 6 months they decided to cut my pay by $20K. What am I entitlted to if I pursue legal action?

If you had an employment contract you may have entitlement to recover your losses, but of course, I'd have to review the contract. If you did not have an employment contract, you were employed pursuant to the at-will doctrine which allows the employer to end, or change the terms of, the employment for any reason -- good, bad or none -- as long as it is not motivated by an illegal reason. Hope this helps.

posted May 12, 2015 05:57 AM [EST]

Answer to My job has terminated a division in my company, they are getting rid of everyone with a certain title except 1 person, is there anything wrong with that?

Depending on the size of the lay off you may be entitled to some notice, but other than notice, you have no other rights. Hope this helps.

posted May 11, 2015 11:52 AM [EST]

Answer to In Florida if I am employed with an employee is it legal for them to take accrued PTO due to me changing to part time

Your entitlement to the PTO depends on how it was earned. If it was accrued they can be required to pay it out to you. If it was simply given to you, they are not required to pay it out. Hope this helps.

posted Apr 14, 2015 05:34 AM [EST]