Legal Question in Employment Law in Florida
missing paycheck, employer refusing to speak with parent of minor
My daughter (17) is working her 1st full-time job for the summer.
He first paycheck was not cut (along with several other people) She has since received 2 other paychecks but the 1st one is still missing.
She asks her manager every day, is is told things like ''it will be here on wed'' or ''it will be here with the next payroll'' etc. (I find it hard to believe that he cannot call the payroll department and explain the error and have had it corrected in a more timely manner.)
She still does not have it, almost 4 weeks later and is understandably upset.
I called her Manager this morning, and politely asked what the problem was. He said ''It will be here tomorrow'' and also said that in the future, he will refuse to speak with me and only speak with my daughter.
I reminded him that she is a minor and I have her permission to call on her behalf.
His comment was '' We'll I guess we both work under a different set of rules'' and hung up on me. I am, of course, FURIOUS at this man.
My questions are
1. can an employer rufuse to speak to me about my minor child?
2. Is there a legal limit on how long a payroll error must be corrected?
This company is national with hundreds of thousands of employees.
1 Answer from Attorneys
Re: missing paycheck, employer refusing to speak with parent of minor
It is great to hear that you are seeking to protect the rights of your child because so many employers take advantage of minors because employers know that kids are clueless about the law especially their rights in the workplace.
Regarding communications, most employers do not explain their actions to adult employees. Therefore, the employer does not have to speak with you regarding any matters that the employer does not plan on speaking with the actual employee. Now as a parent of a minor, you can call and object on your daughter's behalf but it is better coming from the actual employee.
In regards to a missing paycheck, this would be a min. wage violation. Your daughter or you on behalf of your daughter need to address the violation in writing. This writing must explain that there has been work and the wages are below Florida's Minimum wage since no wages have been paid. The letter must include the dates worked and owed. The employer then has 15 days to correct the error. If it is no corrected in 15 days, you on behalf of your daughter have the right to take legal action in the court system
Please know that your daughter could be owed interest and attorney's fees and cost if she needs to sue her employer. In addition, her employer cannot fire her for solely invoking her rights to be paid properly.
If you have any more questions or need assistance, please feel free to contact me or an employment law attorney.
Good Luck!
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