Anita
06-11-2005, 03:16 AM
My FL employer has reported to me that my final wages were mailed over two weeks ago. I have not received them and have tried to contact my former employer to request a stop-payment and reissue of the wages. However, I have received no response, no follow-up from my former employer despite my requests. I resigned after working 8 days of a 10 business-day pay period. I am a salaried, exempt employee. I was also due a bonus of approximately $260 from a previous quarter which was supposed to go out on this particular check. I feel targetd by the company due to the circumstances of my separation of employment. I resigned with no notice after giving up on pursuing my annual evaluation which was never completed. After several months of reminding my supervisor and payroll administrator that I didn't receive a performance evaluation (due October 2004), I was finally told (May 2005) that I didn't receive an evaluation (and therefore, a pay increase) because I was "left off the list." This is ridiculous to me. There is no process in place there which requires an employee be on a list in order to recieve an evaluation. My supervisor doesn't need a list to know when to complete my evaluation after so many reminders from me. I was told it was simply too late to receive an evaluation for that period. Every evaluation I have ever received has been absolutely glowing based on my performance, including the latest in May 2005 which skips the evaluation in question (I have copies). I feel this wrong and just an excuse not to award an increase and any retroactive pay I am due. I know that my employer is not required to give a pay increase for an evaluation, but doesn't my employer have to give the evaluation? I checked with many of my peers and am as far as I can see the only person who didn't receive an evaluation. This singles me out in my opinion. I don't know what grounds I have to pursue since I have resigned. Any advice would be much appreciated. If my employer fails to respond regarding my never receiving the final wages, what actions can I take? I understand Florida has no time limit for sending final wages. Does this mean they can keep my final wages indefinitely? What can I do? Btw... my employer has a class-action lawsuit filed against it now for unpaid overtime wages.
Your employer is not under any legal obligation to provide you with an evaluation unless you have a bona fide contract (not an offer letter, not an employee handbook, but a contract) that says otherwise. Evaluations are not required by any Federal law or the law in any state. It is entirely up to the employer whether to offer evaluations and if so, how often and when. Pay increases are also optional, barring contractual obligations, unless you are working at minimum wage, and mw is raised by either your state legislature or an act of Congress.
If your final pay does not arrive your recourse is to start by filing a claim for unpaid wages with what passes for a DOL in your state (I think it's the Department of Workforce Innovation). Florida has very weak employment laws in this regard so if they cannot or will not help you, try the US DOL. If all else fails, there's always small claims court.
choma23_2000
06-15-2005, 07:27 PM
my wife work in florida at latin american restaurant at 29av and coray way the situation is very horrible there the owner of the place dont want to pay the salary as usually do it before cause he have economi ploblem any one who ask for hi of her salary is take off hi arrasment with the employes is about more than one moth and his dont paid there are some old employer that know what happen but has afrait to say something for waht i said before some peaple going to the citty there going to the restarurant and interview all the emplyoyes they said almost 300$ that hi has to paid today if not close the restaurant now the administration said that the mnoney is going to be deleivgery today with money oerder for mail to each employer question 1 we all praid for is this is right another maybe 15 dias as always no body do it nohting i supose anyone can read this and can figure how is the positon is for employes he still sell get money and dont paid and evgen the city can do nothing about it is alcapone galindo? :confused: is alcapone the owner o what no lawas for the employes ? please if any can help me any lawer to see? most be something for this what can do my wife ?who going to see what deparmet to talk ?who to write ? :mad: the ownr havge that right againg to employes?
LConnell
06-19-2005, 10:08 AM
Florida does not have laws that protect an employee from unpaid waages. However, the US does. You should call the US Department of Labor for assistance. You can read about filing a complaint against the employer at: http://www.dol.gov/esa/regs/compliance/whd/fairpay/complaint.htm