Answers Posted By Arthur Schofield

Answer to is it legal to withhold first pay check in florida

It is not illegal as long as the employer eventually pays you that week.

posted Oct 9, 2015 07:58 AM [EST]

Answer to I was employed with a healthcare agency, worked hours, participated in educational training, and pu

You are entitled to your wages. Sounds like the employer is playing games. I recommend you speaking with counsel. There is an unpaid wage statute in Florida that provides for the recovery of attorneys fees and costs. Once an employer learns of his they generally pay up quickly. Best of luck.

posted Oct 6, 2015 10:14 AM [EST]

Answer to my paycheck has been stamped with NSF and i dont know what to do

Reach back out to the employer this week and you don't have payment contact a lawyer of your choosing. There are claims for unpaid wages that carry the ability to recover attorney's fees and costs. Once employers learn this they generally pay up quickly, but, of course, your issue may be one of whether this employer has the funds to pay. Best of luck and don't let much time pass before you seek legal assistance.

posted Oct 5, 2015 05:54 AM [EST]

Answer to I received an email offer from a company I am looking to work for

If you resign it appears that money will have to be repaid. If they terminate you for cause money will also have to be repaid, but "cause" is not defined. Typically I would see these provisions in a written and signed contract, not just in e-mail form. Hope this helps.

posted Sep 18, 2015 08:44 AM [EST]

Answer to ive worked for the same company for over 2 years. They are instituting a hold first paycheck policy and advised us that in february we will receive one weeks pay as opposed to our usual 2 which will be held until we leave company. this will cause a financ

The company is, unfortunately, able to do this. Nothing requires that your pay be given to you within any certain period of time, only that they give you all pay that you are entitled to. When it does come time that you are no longer employed there and they do not give you your final paycheck, you have a legal entitlement to recover it. Hope this helps you.

posted Sep 11, 2015 08:33 AM [EST]

Answer to I have worked for this company in FL for the past 6 years. I found another job and put in my two weeks at the current one. When I asked how my vacation/sick days would be used they said I could not use my days during my two weeks nor would they be paid ou

Answer depends on how the vacation time was earned. If it was just given to you, say 2 weeks per year, then there is no entitlement to the money. If, however, it was accrued over time, say 1.5 days per two weeks worked, then what you had in the bank can be identified as an unpaid wage and you have a legal claim to pursue. That claim carries the ability to recover attorney's fees and costs. Hope this helps.

posted Sep 10, 2015 05:40 AM [EST]

Answer to If my regular pay was backdated to my anniversary date after my review. Is my employer required to backdate my overtime pay as well?

Tricky question. Employer was not required to pay you the increased rate of pay prior to the date that the change went into effect. That it did so was gratuitous on the part of the employer. This is tricky because you are still employed by this employer and I suspect you don't want to upset the apple cart much and put your continued employment in jeopardy. You could try to force the issue, but I would not recommend doing so with any particular force as the employer could turn around and end the relationship. Hope this helps.

posted Sep 9, 2015 05:21 AM [EST]

Answer to My company's policy was 5 weeks of vacation after 15 years with the company. Now, after 14 years of employment, the policy has been changed to 4 weeks of vacation after 20 years. Shouldn't the long time employees be

Handbooks, unfortunately, are not enforceable as agreements or contracts in a court of law. Unless you have some type of an employment contract, such as a collective bargaining agreement, that covers these issues the employer is able to change them when it sees fit. Sure it is not what you wanted to hear, but hope it helps.

posted Aug 31, 2015 10:12 AM [EST]

Answer to i have been working for the same company for 7 years. Just recently a new company came in and bought them out, and is demanding that I sign a non-compete. My old employer never had me sign one. If I refuse to sign and they say that I must or I can't work

I agree with Ms. Towzey in that you can be not-hired if you refuse to sign. As for your entitlement to unemployment, hard to say. Given that you are turning down employment you are creating the loss of income. On the other hand, not wanting to bind yourself to a non-compete agreement may be sufficient reason to not accept this employment and there is no question that your separation from your past employer entitles you to benefits. If you chose to not accept this new position, apply for benefits and see what happens. If you are initially denied reach out to counsel to request a hearing. It is at the hearing stage that the true decision is made.

posted Aug 31, 2015 06:27 AM [EST]

Answer to In Florida, are employers required to pay employees after they give a two week notice? I gave a two week notice to my employer and they told me not to come in for those two weeks. Are they required to pay me for those two weeks because I gave them notice?

No, the employer can short-cut your notice period and not pay you for any time not worked. Sure it is not the answer you were hoping for. Best of luck.

posted Aug 28, 2015 06:35 AM [EST]
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