Elizabeth Mitchell Oakes's Answers

Florida state employment laws, employee's rights after employer cuts pay after signing employment agreement

If you had a written contract for a specific period of time, the employer must pay you the contracted amount for that period of time. If your "signed offer" calls for at-will employment, the employer can legally reduce your pay, as long as the reasons for doing so are based on legitimate business needs, and not for discriminatory purposes. There may be other factors to consider, however, such as whether you suffered damages in reliance on the employer's false representations regarding how much...

7 people marked this answer as helpful

Do I need to file a claim w/ labor commissioner or legal counsel if my employer is stating that I voluntarily quit when I havent

Also contact the insurance company and tell them what happened. You may be eligible for continuation coverage under federal COBRA law, if it was a large employer. If it was a small employer, you may have a "mini-COBRA" statute in California that would provide continuation coverage. As far as the insurance company and the cancellation of coverage, if the dates are correct, you should make sure they understand that the work ended, THEN the policy was cancelled by the employer. If this is not...

2 people marked this answer as helpful

Can I sue my former employer for sexaul harassment if I did not report it prior to my termination

Yes, you should consult an attorney. Both federal and state law protect you from being treated differently from male coworkers, if the reason for the difference in treatment was the fact that you are female. An attorney would need to get much more detail from you before determining whether you have a viable claim. You may not be able to assert a sexual harassment claim, if you failed to report it under the employer's policies.

2 people marked this answer as helpful

If you have issues with a newly hired supervisor at the work place, can that person terminate you with out reason?

While most states are at-will employment states, only Florida, Georgia, Louisiana and Rhode Island refuse to recognize exceptions to the at-will doctrine. 43 states recognize an exception for firing an employee in violation of the state's public policy, 38 states recognize an exception if the employer violates an implied contract, and 11 states recognized an exception if the employer violates the covenant of good faith and fair dealing. Bottom line: if you live in Florida, Georgia, Louisiana...

1 person marked this answer as helpful

Is it legal for a company eliminating your postion to require you to take a 10 % reduction in pay

An employer may reduce your pay at any time, provided the action is not based on a protected characteristic such as age, gender, religion, disability or national origin, and does not violate a contract.

1 person marked this answer as helpful

Can my employer hire someone doing the same job and pay them more

It depends. Are you female? A different race from the new employee? Over 40? If the employer is treating you differently based on a protected characteristic, it may be in violation of discrimination laws, including Title VII, the Florida Civil Rights Act, the Age Discrimination in Employment Act, or the federal Equal Pay Act. Does the employer have more than 15 employees?

1 person marked this answer as helpful

Can i sue my former company for a supervisor putting his hands on me.

If your employer has 15 or more employees, the anti-discrimination laws apply and your employer can be held accountable for retaliation. You can sue the person who touched you for battery; however, you will have to pay your own attorney's fees on that claim, so it may not be worth it.

...

You should consult with a criminal lawyer if charges (theft, for example) are brought against you. You can definitely be fired on the basis of taking the iphone and lying to the customer.

Hi there i need help. Here is my situation. I am currently employed by Urban Outfitters Inc

You can go to www.eeoc.gov or www.fchr.org to find out how to file an administrative complaint.

What are my rights if all of a sudden a position at work is taking from you?

Unless you can show that the employer's actions were discriminatory, or the employer breached a contract with you, there is likely no remedy for you. Florida is an at-will employment state. It's not clear from your question whether you are still employed or were demoted.