Legal Question in Employment Law in Florida

I was recently terminated for "dealing in stolen property/organized fraud" which is still being heard by the court; there is no finding on that yet. My question is this: I worked for the company for 2 years and we were required to submit expense sheets for cell phone bills, etc. I had 4 months of expenses outstanding when I was put on suspension without pay just prior to my termination. The day before I received my termination letter the expense check came. I took it to the bank, cashed it, and took care of some bills with it. I got a letter from my bank saying that there was a stop payment put on that check and now my account is negative. I asked my ex-employer why he put a stop payment on the check and he said it was to offset the amount I "stole". Keep in mind I hadn't even gone to court for this charge yet. Now with that said, the restitution of the stolen property wouldn't be to my ex-employer; it would be to a client of my ex-employer's company (they are the ones bringing the charge, not my ex-employer). Does my ex-employer have a legal right to stop payment on expenses he owed to me prior to termination? Also, I have been waiting for a response from him for about 2 months now as to whether or not I have a final paycheck (which I believe I have 1-1/2 weeks worth of pay owed to me) and if all my pay stubs have been mailed to me (we had to have direct deposit). He has not answered any of my emails (I'm guessing it's because of my response to his reason for stopping payment on the check). My ex-employer is in Maryland and I'm in Jacksonville FL. I worked remotely on a customer site.


Asked on 4/13/10, 1:34 pm

1 Answer from Attorneys

Scott Behren Behren Law Firm

My initial feeling is that the employer has no right to not pay you for work performed or to stop payment on an expense check. You probably want to confer with an employment law attorney. I can speak with you on the issue if you like.

Also feel free to check out my blog at www.takethisjobnshoveitblog.com.

Scott Behren

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Answered on 4/19/10, 11:13 am


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