the probationary employee was ordered to perform a task that resulted in injury to their shoulder, the employee went to company doctor and was placed on light duty for a while. When released by the doctor, company kept employee on light duty for a...
The key issue here is whether you were terminated for filing a worker compensation claim or suffering a work-related injury, OR whether there were any other non-prohibited reasons to terminate. At the very least, the proximity of the termination to the time of your injury and coming back on light duty would lead me to conclude that you should contact an employment attorney in your local area (which we are) as soon as possible.See question
I work overnights for lowes in Florida we get locked in the building and are required to take a thirty minute lunch is this correct
I'm not really sure what you mean by "locked" in the building. As for having to take a 30 minute lunch, yes it may be required. However, you must be free from all work during the break for it to be non-compensable as wages. If you have to do anything work-wise during your break, the entire break is subject to being paid as wages.See question
Some coworkers begun teasing or "bullying" me. First altercation came along cause I was tired of the teasing. Second altercation came along, even though I reported some priors incidents to night shift supervisor, nothing was done. Night of the ...
Unfortunately, you don't indicate why you are being bullied or teased; or what type of bullying and teasing. Thus, it is really impossible to answer. As for the 12 hours per day, there is no prohibition on such hours except in certain occupations. If you resign, you will most likely lose unemployment. If you are terminated, you will end up disclosing it on future employment applications. You may want to see if you can negotiate a reference letter in exchange for resigning, and/or even some severance, if you are willing to consider giving up unemployment benefits. I would discuss this with a local attorney before you take action.See question
He was arrested but charges were dropped. The job only said he could not have convictions. Can they actually get away for firing him for this, or does he stand of chance of a case against them?
He is an at will employee in Florida. He may be discharged for no reason, a true or factually inaccurate reason, a good or bad reason, fair or unfair. He is protected against things like discrimination and various retaliation claims. If an employer wants to terminate an employee for an arrest, there is no law against such action.See question
He is holding all my tools and final pay check. I have called several times and he says he thinks maybe i owe him, but will not tell me how much or for what. I cannot work without my tools.
An employer may not hold a final paycheck beyond the date when the paycheck would ordinarilly be issued to all employees for that period. You would have a small claims case against him for those monies. As for your tools, certainly you are entitled to them if they are yours. His failure to return them is conversion (civil theft). He could be responsible for the full value of you replacing them. If the total of the money owed and the value of the tools does not exceed $5,000, you may want to file a small claims case and hope it is resolved before the trial. If it does exceed $5,000, you will need to consult with an attorney.See question
I am a remote employee (Director) and was recently informed by my boss that my position is going to be moved in house and I will no longer have a job. When I started w/the company over 2 years ago I was a Manager and my contract stated that I wou...
If your contract, whether oral or written, was violated as to commissions then you have a right to the commissions. If the bonus was given anyway, you are probably entitled to the bonus plus the commission. If the bonus was given in lieu of the commissions, then you are probably entitled to the commissions less the bonuses. You should consult with an attorney to review all of the facts.See question
My FLMA application information has been given to my supervisor with out my permission causing an hostile work environment for me which I was sent on admin leave for about 6 months, then forced to reclassify my position.
Your question leaves many unanswered facts so you really need to consult an employment attorney. If you sought FMLA, then I'm not sure about the problem with that information being provided to your supervisor. Your permission is not necessary. Of course, if the supervisor takes action to "interfere" or "retaliate" against your FMLA application or leave, then a violation of the FMLA has occurred. As to why you were sent on administrative leave for 6 months, that is unclear from your facts as is why you had to reclassify your position. If you are on FMLA leave, you have up to 12 weeks unpaid time and if you return within the FMLA period you must be returned to your same position or an "equivalent" position as defined under the FMLA.See question
I work FT in the transportation division (union member) of a major Orlando FL company. I made HR aware of safety issues during training this summer and also at that same time discovered I was diabetic. In prep for a DOT physical I discovered I als...
I agree with Mr. Stein but will respond in a bit more detail. Generally, am employer can cut you from FT to PT. If so, you can quit and still be eligible for unemployment due to a substantial change in the terms and conditions of your employment. In your situation, if the change was due to whistleblowing and/or medical issues then you may have a variety of potential claims such as violation of the Florida Whistleblower Act, violation of the Americans with Disabilities Act, and if the company has at least 50 employees in a 75 mile radius and you have worked there for at least 1 year and 1,250 hours in the past year, a claim under the Family & Medical Leave Act.See question
Was denied a job opportunity over a 13 year old misdemeanor paraphernalia charge and an 11 year old misdemeanor DWAI charge in 2 different states. Both of them I was convicted of seems I'm ineligible for expungement. Paid for these crimes long ago...
The simple answer is forever. It is up to any private employer whether to hire an employee and any arrest or conviction can properly be a reason for not hiring an employee regardless of how minor the offense or how long ago. This is different than how long can a conviction be used for example against you in court.See question
My employer tells me it is federal law that I MUST clock out after six hours worked, but often I have so much work to do that this impossible. They make me sign a release to take the half hour off anyway. Is this legal?
You must absolutely be paid for all time worked. If you are forced to clock out and work even a minute of your lunch break, the entire lunch break is compensable time. Even if breaks are required, if you don't take one and work, you must be paid. If you violate a company policy, they can fire you but you must be paid for all time worked.See question