Arthur Schofield
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Answers Posted By Arthur Schofield
Answer to Will I be allowed to take my accrued PTO if my current employer sells the company?
Unfortunately, yes it is allowed. You have entitlement to PTO and I can often force it to be paid out if it is earned through an accrual basis, but that claim is against the employer who you accrued it with. Once that employer is gone, say through a sale or simply going out of business, the claim disappears too. Hope this helps although I am certain it is not what you wanted to hear.posted Aug 24, 2015 6:19 PM [EST]
Sounds like your co-worker harbors a discriminatory attitude towards you. With a co-worker engaging in this behavior, your first step would be to bring it to the attention of the companies HR department. If they fail to stop his comments and behavior, I would recommend filing a Charge with the EEOC. As for the latter, I also recommend that you do so through counsel as it it potentially the first step in a lawsuit. Best of luck and hope this helps.
posted Aug 24, 2015 07:39 AM [EST]
posted Aug 24, 2015 07:39 AM [EST]
Not unless the decision to demote you was done for an illegal discriminatory or retaliatory reason. There are no facts here to suggest that, but it may be something you want to explore with an attorney. Hope this helps and best of luck.
posted Aug 17, 2015 07:44 AM [EST]
posted Aug 17, 2015 07:44 AM [EST]
Answer to Can one be forced into a new role when the position is eliminated?
Your claim will be a difficult one as you are effectively wanting to turn down employment and cut off a stream of income. I would recommend speaking to HR and letting them know that the new position is not one that you desire or believe will be a fit. Perhaps after that conversation they will better understand that a severance is appropriate. You may not have been offered a severance because you are pregnant and the employer is concerned that offering you one, or effectively terminating your employment, will result in a legal claim.Best of luck.
posted Jul 31, 2015 05:05 AM [EST]
An employer cannot change your rate of pay until it advises you and you agree to the new rate. If they changed it without you knowledge or approval, contact a lawyer to reach out to the employer. You have a claim for unpaid wages which, in Florida, allows for the recover of attorney's fees and costs. Best of luck.
posted Jul 28, 2015 06:01 AM [EST]
posted Jul 28, 2015 06:01 AM [EST]
Answer to Does an employer have to honor a salary if the employee gives an advance notice of resignation?
I am not sure I am fully following your question, but if you agreed to a salary reduction that eventually went into effect, yes, the employer was able to pay you at a reduced rate. Employer can always change the pay rate, but only going forward, not retroactively. Once the pay rate is changed, and you are given notice of it, it is then up to you to continue or not with your employment. Hope this helps.posted Jul 17, 2015 05:51 AM [EST]
Answer to I was an employee for the Florida Department of Corrections. I have recently been terminated ..
Unfortunately, you can be terminated for suspected wrong doing even if those charges end up dismissed in criminal court. Sometimes there are grievance or review processes available to employees, but those come generally through union contracts or because employers have put those policies and procedures in place. Not sure if the DOC has such policies, but you may want to inquire. Best of luck.posted Jun 30, 2015 06:45 AM [EST]
Answer to My employer gave my hours away out of spite, is this bad ethics and should I file for unemployment?
Unfortunately, when you leave a job you are not entitled to unemployment compensation. You could have a claim based on your daughter's need for the doctor's appointment, but you don't state her medical need. If it was a routine matter, there will be no claim, but if it was to address a more serious medical issue it is possible. Hope this helps.Whether you boss acted ethically or not is immaterial. Employers, at least private employers that are not regulated in some fashion, in Florida are not bound by any ethical guidelines.
posted Jun 24, 2015 07:51 AM [EST]
Answer to I received a written reprimand for complaining to HR about being bullied & Harrassed by a coworker
There may be some steps that can be taken to better secure your position, but more information is needed as to the nature of your complaints about your co-worker and what you co-worker has been doing to you. I recommend you speak with counsel of your choosing as soon as possible. Best of luck.posted Jun 16, 2015 1:07 PM [EST]
When you say mistake, I assume you are referring to an incorrect withholding amount. This, however, resulted in you receiving more money in your paychecks. That money will now have to be paid to the IRS if you did not pay in enough through the withholdings. Likely not what you wanted to here, but hope it helps.
posted Jun 15, 2015 07:10 AM [EST]
posted Jun 15, 2015 07:10 AM [EST]