Legal Question in Business Law in Florida
if your hired as a cashier and after your hired your told that you have to paint the outside and inside of the store and paint the lines in the parking lot and plat flowers and mulch is this right
3 Answers from Attorneys
Advice: under general employment law, unless you believe that such work assignments violate either a written employment agreement or a clear understanding with your employer, your best option is first to discuss it with your supervisor, the length of time for such assignments, and clarify your future assignments before deciding to pursue legal action.
Your question seeks a right or wrong for the work given you to perform since it is outside the scope of what you were expected to perform. Our law normally gives redress to specific situations only. Assuming you are in Florida, we are known as a "Right to Work" state, which in short gives slightly more rights to the employer than otherwise, and without a written contract or official written organizational Policy or manual you may be limited to those areas such as :
Discrimination due to your age, physical disability, race, gender, sexual harassment and nationality; therefore if you believe this is what is behind your being asked to perform these duties, then you may wish to contact the MIami office of the U.S. Equal Employment Opportunity Division and file a written complaint. Should you not be getting paid 1 1/2 times your standard hourly wage per hour for any work spent in addition to your first 40 hours work week (7 days) then you should contact the local office of the Florida Department of Labor who can accept your written request for assistance for such overtime monies, attorney fees and costs if needed, under the Fair Labor Standards Act and the Florida Labor laws.
As a Franchise Attorney I agree with the other attorney answers. At a practical level, in today's economy, be happy to have a job. Don't rock the boat too much, if at all, if you want to keep your job. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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