Legal Question in Employment Law in Florida
Employer Breaking all the rules - What to do?
My father's employer is breaking the law in many areas. From defrauding the IRS with ''Fudged'' quarterly statements, to verbally assaulting his employees, smoking INSIDE the office (despite the clean air act) and refusing to pay for Workers' Comp claims (my dad hurt his back last week, and can't afford a doctor, and was not paid for his missed work because boss refused and threatened to fire him). The guy is a fraud, and I fear my father will end up in jail just because of his job. My dad cannot quit for financial reasons and has been seeking other employment. But, it's hard to find a job at 59 years old. What can be done here? Is my father legally liable for boss' actions? Where can he file complaints? Does he need a lawyer?
2 Answers from Attorneys
Re: Employer Breaking all the rules - What to do?
It certainly sounds as though your father should speak with an attorney. You have raised several issues that are of concern, the most important I believe being his employer's threat to fire him b/c of his workers' compensation claim. Please have him contact an attorney as soon as possible and feel free to have him reach us (305) 755-9441.
Re: Employer Breaking all the rules - What to do?
Your dad is not liable for his boss's actions, but he is liable for his own. He should not do anything illegal, even if he is directed to do so by the boss. Yes, this may cost him his job, but it is better than engagaing in illegal activity that could land him in jail.
As for the workers' comp., if your dad was injured in the course of employment, he is entitled to workers' comp. coverage. He should file the claim with the employer, and the employer must file the claim with the appropriate authorities. If this did not happen, tell your dad to call the Workers' Comp. Division. Their website is http://www.fldfs.com/WC/. In particular, look under the Bureau of Compliance. Your dad can also call me for a free consult. Perhaps I can help.
In any case, is there anyone above the boss that your dad can go to? If so, he should consider doing so. He should outline the facts and proof, be diplomatic, and not be accusatory, confrontational or belligerent.
In the end, though, only your dad knows what's best. If he feels he can lie low and put up with what is happening, rather than risk his job, sometimes discretion is the better part of valor.
I hope that helps.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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