Legal Question in Business Law in Florida
cuting employees wage
an employe has work for me 11 yrs so so worker higly overpaid has been out on wrks comp my company is very slow wants to come back is only able to perform light duty can i cut her pay as well as her hours in order to help keep my company afloat and not get in any trouble
3 Answers from Attorneys
Re: cuting employees wage
Florida is a state that favors employers - called an "at will" state, which means unless the employer has an employment agreement with the employee, then there is no requirement by the employer to pay a worker a certain wage, or retain that worker.
However, there are certain circumstances that you as the employer would be subject to a potential lawsuit if you discriminated against a worker because of their age, race, ethnicity, sex, etc.
Based on the circumstances you have provided, it sounds like you are making a decision simply based on the worker's ability to work and not discriminating against the worker. As a result, you can cut down the wages, shorten the hours, etc. without litigation.
Best of luck.
Sincerely,
George Savage
Re: cuting employees wage
Dear Employer:
Our firm represents Employers in workers compensation cases all over the State of Florida. We are hired by the Insurance Carrier to defend claims against employers by injured workers. In this case, if your employee is on Light Duty, and not earning the amount she was earning prior to her industrial accident, she will be entitled to Temporary Partial indemnity benefits, if you cut the pay. Either way, once this employee hires an attorney to represent her, the case will be in litigation, and they will most likely file a Petition For Benefits for additional claims and medical attention. I would be happy to discuss this further, if you are not currently represented by defense counsel. Our phone number is (239) 334-4121. We are located in S.W. Florida.
L. Anton
Re: cuting employees wage
You may reduce her wage but not below the minimum wage. Also, you must pay overtime wages where required.
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