Legal Question in Employment Law in Florida
Personal Pay Due On Termination
I was recently terminated from my job that I was employed at for six years. Just before my termination I had accrued 2weeks vacation and 2 weeks sick/personal time. I was informed that I would be payed the vacation time but not the sick time. When I questioned why, I was told that was not something that was done. Well in the 6 years of employment there have been so many employees either quit or be fired and all have received both vacation and sick time upon termination. I stated that to them and have made several phone calls over the last 2 months with the same answer being they will check and verify that and if it was done in the past then they would continue to do that. As of yet I havent been notifed and its been 2 weeks since my last phone call, I even gave names of the people that received these benefits because I was the one that had to call in the information to the payroll company. Now these same people that terminated say that no one in the past was paid and thats not policy. I'm currently not working and collecting unemployement until I can find another job of equal caliber. I would just like to receive what I feel I'm entitled to and feel I earned. From a legal standpoint what are my options.
2 Answers from Attorneys
Re: Personal Pay Due On Termination
The company is generally not obligated to pay sick time unless they have a policy or contract (labor contract or a personal contract with you)that says they will. Assuming there is no contract, check to see if there is a policy in the company handbook (if there is one) regarding termination pay and accrued benefits. If there is, bring it to the company's attention.
If that does not help, then your only recourse is probably to show that you are being discriminated against, if it is true. For example, if you are a minority or a woman and are the only one that has not received the sick pay upon termination, you might have a claim. In that case, you could bring a discrimination claim for free through the EEOC. Just call them to set up an appointment to go to their office in Baltimore and file. You can also file a claim with your county human rights office.
In the end result, though, it is probably best to continue to press your claim with the company. Try to get an authority figure like the President to hear your claim. Just state the facts - don't argue: As far as you know, other people who were terminated received the pay (name those that you know of), so you should too.
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.
Re: Personal Pay Due On Termination
Unfortunately, the law in Florida does not require employers to pay for accrued but unused sick leave, personal days, or vacation. However, if you stay on top of your employer and continue to politely insist, you should probably have a good shot at getting them to pay you. In the end though, its not worth burning any bridges that may exist because you cannot compel your employer by law to make these payments.
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