Legal Question in Employment Law in Florida
voluntary employment termination
PLEASE HELP: My husband worked for this company for 2 weeks and about one week into it he had told his boss he had been offered a supervisor position and possible partnership with a friend who owned his own business. He told him he was going to take the offer but was not sure when it was going to be available, he was waiting for the call for the final ok. That day came, he completed his work and he called his boss to let him know he would not be returning to work the next day. He became irrate and said he would hold his wages til inventory was completed. He proceeded to say theres Karma and what goes around comes around. Needless to say he did not hold wages but withheld wages, infact decreased his pay from $13/hr to minimum wage of $6.67/hr. My question is: My husband did sign an ''Employee Guidelines'' list which #14 states, ''Two weeks notice MUST be given by any employee leaving SSC or SSC may reduce the remaining compensation to the current minimum wage.'' can this still be enforced during the probationary period which the statement does not specify?
1 Answer from Attorneys
Re: voluntary employment termination
The probationary period is irrelevant unless the employee handbook says that the rules do not apply during that time, which handbooks usually does not.
The issue is whether your husband gave proper notice, although not the exact date, when he first told the boss. I would argue that he did, and that if the boss still needed two weeks notice at the time of actual resignation he should have said so. (I do not know if there is any specific case law in Florida on this.)
Technically, the company is within their rights. But that does not make their actions morally right. The boss knew your husband was leaving and should have planned. Of course, your husband did the work so should be paid the agreed wage for it.
Your husband might try calling a higher person, VP or whatever, and calmly and diplomatically (not in an arguing or accusatory manner), explaining the situation, including that he gave notice weeks ago. Perhaps that will help.
Otherwise, he could file a small claims suit, but it does not sound like enough money is involved to make it worth the effort.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon
The Sheldon Law Firm
CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.
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