Legal Question in Employment Law in Florida

Florida Wage Laws

We had to fire an employee because of suspected drug use on the job and embezzelment. The employee is trying to get her last 3 days worked paid to her. We are filing charges against her for embezzlement for approximately $6,600. Do we have to pay her the 3 days worked or can we hold that pending the lawsuit?


Asked on 7/01/09, 9:49 am

2 Answers from Attorneys
Scott Behren Behren Law Firm

Re: Florida Wage Laws

I would hold back as a set off.

Scott Behren

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Answered on 7/02/09, 12:33 pm
Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: Florida Wage Laws

You will run afoul of federal law if you do not pay the employee at least minimum wage for all hours worked during a pay cycle. This could have the undesired effect of getting the U.S. Department of Labor (DOL) involved. There also may be additional pitfalls depending upon the employee's pay structure and position.

There may be ways, however, to retain as much of the embezzled money as possible without running into additional legal issues.

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Answered on 7/01/09, 1:52 pm


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