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Thread: Involuntary Leave without pay, without documentation, without reason Florida

  1. #1
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    Default Involuntary Leave without pay, without documentation, without reason Florida

    Florida / small mom and pop 10 employees

    Current situation: I was told by my boss that I will be on a two day leave of absence until the owner comes back into town on Friday. He said it was without pay and when asked to have it in writing, he said he didn't have to supply it due to me not signing nay paperwork when i was first hired 2+ years ago.

    Back story: Been having issues with another employee regarding fraud issues (she conned a few employees out of money) and due to this, I have been made the focus of her attention since I am the most vocal (not to the point of harassing). But I did make a facebook post asking for legal advice regarding the topic and a fellow coworker told the con-artist about my post and she ended up using that (i suspect) for grounds that I am harassing her.

    Earlier today I did visit the local Police Department to notify them of this fraud and notified my boss of this visit after he wouldn't give me a reason or documentation of why i was being placed on leave of absence.

    My questions:
    1. Can they legally put me on leave without pay, without giving me documentation listing their reasoning?

    2. Is it harassment if I am posting something online asking for legal advice, while not listing employees name, if it was work related or anything along those lines?

    3. Due to me going to the Police, will there be grounds for wrongful termination if it gets to this point?

    Thank you for any help

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    Quote Originally Posted by selgy View Post
    Florida My questions:
    1. Can they legally put me on leave without pay, without giving me documentation listing their reasoning?
    Yes.

    2. Is it harassment if I am posting something online asking for legal advice, while not listing employees name, if it was work related or anything along those lines?
    No, just an extremely foolish move on your part.


    3. Due to me going to the Police, will there be grounds for wrongful termination if it gets to this point?
    No,
    ...and I wouldn’t be surprised if you’re now at that point.
    Florida is a at will state meaning you can be fired for any reason.
    I hope you have another job lined up…
    If you are terminated it would be completely legal.
    ..__________________________
    ~ Nothing is foolproof,
    to a sufficiently motivated fool.~ Benjamin Franklin

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    Regarding the suspension being unpaid, are you exempt or nonexempt? If exempt, what was the reason for the suspension?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    Quote Originally Posted by Pattymd View Post
    Regarding the suspension being unpaid, are you exempt or nonexempt? If exempt, what was the reason for the suspension?
    They did not give me a reason for the suspension and would not put anything in writing.

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    It seems per OP's first post/title there was no documentation/reason given & all that
    is known is what is posted. However, let's see what OP comes back & says.

    OP, if you're exempt, the answer re pay while on leave can depend on the reason
    you were put on leave.

    Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    selgy, you & I posted our replies at the same time.

    Are you exempt or non exempt?
    Last edited by Betty3; 02-16-2011 at 08:27 AM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Quote Originally Posted by Betty3 View Post
    selgy, you & I posted our replies at the same time.
    Long story short. The company was conned out of money by this certain individual. She broke local laws and laws probably concerning veteran/military rights.

    It appears as though the owner is trying to save face and not let this affect business and since I was the most vocal at trying to get answers, put me on leave until he comes back in town.

    But again, there was no documentation and no reasoning for the disciplinary actions/

    Thank you for the answers and hope that clears up a few questions.

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    I might say that if you're non-exempt, you definitely don't have to be paid for this
    time off.
    Last edited by Betty3; 02-16-2011 at 01:18 PM. Reason: spelling, typed if not I
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    Quote Originally Posted by Betty3 View Post
    If might say that if you're non-exempt, you definitely don't have to be paid for this
    time off.
    I'm sorry but I don't know what "non-exempt" is. Can you clarify?

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    What type of business is this (not actual name of employer) & what are you job
    duties?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Quote Originally Posted by Betty3 View Post
    What type of business is this (not actual name of employer) & what are you job
    duties?
    It is a local small Pharmacy (10 employees non chain)

    We all do just about everything from filling meds, customer service, deliveries, etc

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    Are you a pharmacist - sorry for all the questions.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Quote Originally Posted by Betty3 View Post
    Are you a pharmacist - sorry for all the questions.
    No maam. I am a standard 40 hour a week W2 employee

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    It sounds like you are non-exempt & didn't have to be paid for the time off. Sorry.

    (Exempt/non exempt is mostly based on your duties.)
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    I guess I have a 4th question.

    Since I made attempts to educate my boss about her lies and they did nothing about it and it made work a hostile enviroment to the point that I went to the cops...isnt that grounds for wrongful termination (if it gets to that point)

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    Sorry, but no that would not qualify as wrongful termination. People who make police reports are not a protected class. Although it seems you were trying to do the right thing, you would have been better off staying out of it completely - and definitely not posting it on facebook.
    Good luck.

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    Quote Originally Posted by MrsRedSox View Post
    Sorry, but no that would not qualify as wrongful termination. People who make police reports are not a protected class. Although it seems you were trying to do the right thing, you would have been better off staying out of it completely - and definitely not posting it on facebook.
    Good luck.
    The topic at hand was public knowledge to every employee way before i posted on FB the call of legal advice from a few veteran friends/wifes that i have on there.

    my exact wording
    "I need military legal advice. if one was to fraudulantly claim a son/son-in-law died in combat and financially capitilazed off of such claims (from donations). what legal actions can be taken against said individual?"

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    This would still not qualify as a wrongful termination.

    http://employeeissues.com/wrongful_termination.htm
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    If this situation is bleeding over into the workplace and disputing work, I can see why you were suspended. The boss probably wants to stop and decided you were the one he wanted to lose.

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