Legal Question in Business Law in Florida

Hello,

I took a job at a restaurant on weekends. The female owner was very hard to please and I did my job as a server very well and worked hard for two weekends in a row. Other servers warned me about the "B-word" as they called her. Last weekend, on a Saturday she was following me and scolding me for some dumb thing like clearing a bread plate, (restaurant owners are often neurotic as they come not to mention nasty and alcoholic) she was on me so bad that i just told her...you do it then, gave her my apron and walked out. I have a good job during the week, I really don't need the job. It may have been unprofessional to walk but no way am I going to be harassed when I am already too busy to think.

Now, she won't give the paycheck to my sister whom I called and said would be coming to get it. It is available Tuesday when I am working my other job. She says she is only giving it to me and only me even if I clearly give permission to my sister. Is this her right? Also, if I tell her to mail it and she refuses is this illegal? Or can she refuse to mail it? I also feel she will jip me as she has kept tips before when she has cleared my tables, this is a common practice of hers and I have heard other people have walked on her too.

Thanks

Thanks


Asked on 10/05/09, 9:20 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The former employer must generate your final paycheck and make it available to you. I don't believe there is any law which requires an employer to mail the final paycheck. The employer does not have to (and should not) give your paycheck to a third party, even at your specific request and even if it is your sister.

Try sending the former employer a self addressed stamped envelope with a request that your final check be mailed to you. Or, you can go pick it up in person -- restaurants are open on off-business hours, so I'm sure you do have time after work to go get the check.

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Answered on 10/08/09, 8:50 am


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