Legal Question in Employment Law in Florida

Resignation

I worked for a Home Care Agency for 9 months, my prior jobs are 3-5 yrs

I left because of the disorganization and the abusive nature of their work ethics that had caused me a great deal of stress, because I was not used to working in this type of abusive nature and my personal work ethic was jeoparized.

I gave a resignation letter for 12 days. I worked the last week as my required weekend that I was scheduled so not to leave them short and this totalled to 10 working days notice.

The Director nor the HR dept. acknowledged my resignation I had to question the final procedure for my departure.

I was just made aware that the vacation time that I accrued from my start date and used throughout my employment that they are taking it out of my last pay and my overtime weekend pay. Therefore I worked 5 days and 2 days overtime and they say that they will not pay me because I did not give 2 weeks notice and that I was there less then 1 year.

I checked my employee handbook and it is not stated in there. I do not have any handout from my orientation process. My handbook states that an exit interview is required and this was not done on their part.

Fl is an AT WILL state

What can I do to get my pay check?


Asked on 2/12/04, 8:58 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Resignation

The notice of resignation is irrelevant. You are entitled to be paid properly (regular and over time) for all hours worked. Unless you agreed that pay could be withheld from your check, such as for vacation which you borrowed but had not yet earned, then they cannot withhold it from your pay. They can send you a bill for it, but that is not the same as withholding it.

You should consider making a demand of the company in writing that you receive all pay due you. Explain that it is a violation of federal law to withhold money if you have not authorized it; and there is no legal right to withhold pay regardless of how much notice was given.

If that does not work, then you can call the local office of the US Dept. of Labor, ask for wage and hour, and file a complaint. The DOL will investigate and hopefully convince the employer to pay up.

You could also hire an attorney to help, and could even sue, but there probably is not enough money at stake to make it worth your time and effort, as well as the cost.

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.)

[email protected]

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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Answered on 2/13/04, 1:46 am


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