Legal Question in Civil Rights Law in Florida

holding paycheck

for daughter:working put in letter of resignation may20 after completeing shift.received letter yesterday, from company that they decided to terminate her thats may30th,if she wants all the checks that are owe to her, she has to come to company sign paper as to her termination, that they have fired her and this is not true, she quit they told her unless she sign this termination they would

'nt give her her checks , my question is can they legally do this?she a single mom with a downs syn.child and she needs this money for their support. They said we don''t care you wont get pay till you sign

Asked on 5/31/01, 11:46 am

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: holding paycheck

The law in Florida is clear. If you worked the hours then the employer has to pay you. The employer is acting in violation of FL statutes.

You should have her consult with an attorney. In cases like this the courst generally order the losing side to pay the other's attorney fees. If the facts are as you represent, then your daughter will most likely prevail. Unless misrepresentations were involved, if I represented her, I would not seek payment of any fees unless the other side was ordered to pay them.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. If you are located within the Greater Tampa/St. Petersburg area, I would be happy to meet with you and your daughter.

Good Luck, Elliot Jay Goldstein (I also maintain a Tampa office)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 6/26/01, 8:46 pm

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