Employment Law Questions

QI put in my vacation time in writing. A week later I put my two weeks notice in on a Friday. My vacation was supposed to start that following Monday. The Friday that I out my two weeks notice in, I got a text that read “you put in your resignation today. We have chosen not to accept your two weeks notice and accept your resignation immediately.” Is this lawful? And now they are not giving me my vacation time that I put in before I put my two weeks notice in. Is this lawful as well?
Posted By: Rebecca Radosevich

AI’m sorry to hear you were not able to work your notice or receive your vacation pay.

Florida is an at-will employment state which means that an employer can terminate your employment for any reason or no reason at all, so long as the reason is not discriminatory. As such, your employer’s action of not permitting you to work your notice was not unlawful. Moreover, there is no law in Florida that requires employers to pay employees vacation time upon terminating or resigning their employment.

Hopefully, your current employment will be a better experience for you.

QIs it legal to force employees to create a social media account to advertise the business for free? My employer is forcing us to create 2 social media accounts or else were fired.
Posted By: Rebecca Radosevich

ASocial media is a very new area of law and Florida is just now starting to consider laws relating to social media. There is pending legislation in Florida that would limit employers’ rights to access your personal social media accounts. However, if you are creating accounts for your employer’s business use, I do not see how the pending legislation would apply.

It is important to know that Florida is an at-will employment state. This means that your employer can terminate you for any reason or no reason at all, so long as the reason is not discriminatory. So, if your employer requires that you create social media accounts as a term or condition of employment, and chooses to terminate you for not participating, I don’t see how you would have a case against your employer at this time.

QMy last employer refused to pay me my last check. Later this month will be 1 year ago. How long do I have to try to get it from him and who will help me ?
Posted By: Rebecca Radosevich

AI am sorry to hear that you did not get paid your final paycheck from your last employer.

The Fair Labor Standards Act requires that an employer pay its employees for all hours worked. Moreover, there is a law in Florida that requires that an employer compensate its employees for time worked.

After reviewing the information that you have provided, it sounds like you may have a claim for unpaid wages, but I would like to get some more information from you so that I can determine if you have a case. I recommend that you act quickly so that you are not precluded from recovering lost wages by the applicable statute of limitations.

QI was given a letter of understanding when I started employment stating the terms and benefits. Those terms were not met. I was terminated from the job and offered severance at a extremely reduced amount. Does the letter of understanding imply an enforceable intent and would it be binding by law in Florida. Should I hire legal counsel?
Posted By: Rebecca Radosevich

AGenerally speaking, a Letter of Understanding may be enforceable against a former employer. However, I would need to review the letter as well as any other documents you may have related to your employment, such as an Employee Handbook, before I could determine if your employer violated the terms of an agreement. If your employer violated any of the terms of an employment agreement, you may have a case against your employer. I would definitely recommend you meet with me to discuss your situation further.

QI worked for a company and was paid salary. But they never gave me help and many weeks i worked 50 or more hours and only got paid for 40 do I have any legal recourse to get paid for the extra hours i worked? I am no longer employed with the company i feel they forced me out.
Posted By: Rebecca Radosevich

AI’m sorry to hear about your problems with your former employer.

The Fair Labor Standards Act (FLSA) requires that an employer compensate an employee for all hours worked, including time and one half for all hours worked over 40. There are some exceptions to this rule (or “exemptions” as the Act defines them). Certain jobs may be exempt from overtime, which means that the employer can pay a salary without having to pay overtime for time worked over 40 hours per week. The FLSA has four separate exemption categories.