Legal Question in Employment Law in Florida

Business sold employer owes accrued vacation

My employer of 5 years sold his business and now dosn't want to pay me for the 9 days of vacation that I have accrued. Is this legal? He also makes me keep track of my time and if I work over so many hours he calls them comp hrs. I am an exempt employee according to him. He makes me use some of my vacation time to repay comp hrs if I am ever short on time during a week. Sometimes he owes me lots of comp hr and sometime I owe him if I have not worked my full number of required hrs. I have all the written records where all of this stuff has been kept track of for 5 years. I earned 2 weeks for yrs 1 and 2 and 3 years for yrs after that. now after he has already paid the 3 weeks in prior years hes claiming to not know anything about the fact that I was earning 3 weeks per year and is trying to say he never agreed to it and that he has nothing in his file that says so. Thats because I keep all of the records as the office manager and i have the actual paper from my hiring where all of this data was marked down by me. He has sen this paper many times over the last 5 yrs because I record any changes to my arrangement on this paper. Can he do this now after he has already paid me for three weeks per yr in the past?

Asked on 12/12/07, 10:25 pm

2 Answers from Attorneys

Osvaldo F. Torres Torres Law, P.A.

Re: Business sold employer owes accrued vacation

You have a strong case. Sounds like there could be other issues in your favor as well. Please contact me at [email protected] to discuss further.

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Answered on 12/13/07, 3:00 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Business sold employer owes accrued vacation

Vacation you probably cannot force. However, whether you are an exempt or non-exempt employee for overtime is not up to him; its a legal distinction. I would need more facts. If you would like a consult,please feel free to contact my office.

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Answered on 12/13/07, 11:45 am

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