Legal Question in Employment Law in Florida

Termination

I was recently ''let go'' from my job of 2 1/2 years without a reason and I never had any disipline notices issued to me. Is this legal in the state of Florida? My position was not eliminated if this helps. Also, can an employer use a salaried employee's vacation pay to supplement the employees pay for time missed? I was never compensated for all the hours I worked over 40, but I was penalized my vacation pay when I was hospitalized for 3 days.


Asked on 1/27/09, 7:21 pm

1 Answer from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Termination

In most instances, an employer can terminate an employee without cause. There are exceptions, of course, such as if the termination was based on gender, race, religion, or some other "protected class" or if it was in violation of an employment contract.

As for the failure to compensate you for hours worked in excess of 40, that may be a violation of state or federal wage and hour laws, such as the federal Fair Labor Standards Act. Again, there are exceptions, such as if you are an exempt employee or nature of your employers work, or the size of the company for which you worked.

Fortunately, these laws tend to be very generous to employees. If you would like to discuss your potential claims further, I would be happy to do so. Please call me at your convenience.

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Answered on 1/28/09, 9:20 am


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