Answers Posted By Arthur Schofield

Answer to Florida employee. Unemployed now. Received lump sum severance at termination time (RIF) to equal two months' pay, but no current payments or income. Can I receive unemployment now, during 2 months following termination?

Given how it is being paid, yes.

posted Dec 8, 2015 09:34 AM [EST]

Answer to my fmla expired while being treated for breast cancer...my employer now wants me to resign as i still have an open wound that i pack daily and due to the nature of my work (nursing) , i cannot return until the wound is closed...what are my options?

These are difficult situations that require careful navigation. Yes, once the 12 weeks expires under the FMLA any leave from work is unprotected and you can be terminated with no legal recourse. However, if the need for additional time can be defined, say 2 or 3 weeks, then the disability laws possibly kick in and it is a matter of whether or not the additional leave is a reasonable accommodation to address your disability. I do not recommend attempting to navigate this without counsel. Best of luck.

posted Dec 1, 2015 06:47 AM [EST]

Answer to tampa fl My company recently laid me off I had requested my vacation next month I had 40 hours. I called them today they said they don't pay for vacation .

Your entitlement to receive pay for unused vacation time hinges on how it is earned or accrued. Contact a lawyer of your choosing to go into the details. Best of luck.

posted Nov 30, 2015 1:07 PM [EST]

Answer to Can an employer refuse to give you unpaid days off and use the excuse that you do not have enough PTO to take off?

Yes. To shape the issue a bit differently, an employer is allowed to require you to work the days it needs you to and if you are unable to terminate your employment and find someone is able to work those days.

posted Nov 25, 2015 06:22 AM [EST]

Answer to Can i get more than the maximum weeks of severance offered by my employer?

Not sure what you mean my maximum. Unless you have a legal entitlement to severance, generally through an Employment Agreement or Contract, there is no entitlement to any severance and an employer can offer as much or as little as it wants or feels persuaded to provide. Any offer for any severance can be withdrawn until accepted, however, you should have a lawyer look at your offer and if negotiations do take place they should be done in a way that does not alienate the employer to cause it to withdraw the offer.

posted Nov 24, 2015 09:52 AM [EST]

Answer to what kind of questions are acceptable here?

Any legal question that you may have.

posted Nov 23, 2015 07:52 AM [EST]

Answer to My former employers employees and upper management are falsely stating I was fired. Is this defaming

It is possibly defaming. Need to know more about what exactly is being said and to whom. Contact a lawyer to discuss in greater detail.

posted Nov 23, 2015 06:56 AM [EST]

Answer to In the State of Florida, if you are paid severance for a number of weeks in a one lump sum, are you allowed to collect unemployment or do you have to wait until the severance weeks are depleted?

You are able to collect for weeks during which you have no income. So, in the week following your receipt of the severance you are eligible for the benefits. Best of luck.

posted Nov 16, 2015 06:54 AM [EST]

Answer to I'm going to quit my job for a better one and I haven't taken my vacation, will i get it if I quit?

If the vacation time was not accrued, that is earned over time, then you will lose it. Even if it was accrued it may take some wrangling with the employer to pay you for that time. Recommendation would be to use it before you quit. Best of luck.

posted Nov 12, 2015 07:02 AM [EST]

Answer to Can employer change the amount of PTO that I was accrued in the past and give me less pto time for the following year?

Yes, an employer can change its compensation plan going forward at any time it wishes. It will the be up to you to continue forward, or not, with that new compensation plan and employment. Hope this helps.

posted Nov 11, 2015 08:47 AM [EST]
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