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Employer threatened to have state licensing pulled after giving notice Florida

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  • Employer threatened to have state licensing pulled after giving notice Florida

    My wife just gave her notice to her employer that she would be leaving. She is a certified security officer in Florida. The company she works for hired her and provided her the training free of charge as long as she completed 90 days of employment. She fulfilled that, but she has found other work at higher pay and is stable. She was going to be laid off at the end of summer. Her supervisor said that the owner of the company can have her security license revoked by the state. I, however, am skeptical of this claim by her supervisor. He also said that she would be paid minimum wage until the her end date. her notice date falls between two pay periods. He said that the time she worked for the period before she gave notice would also be minimum wage. Can someone please inform me?

  • #2
    I'm skeptical of that claim as well.

    Was she advised of the reduction to minimum wage before any hours were worked? Or had some hours already been worked at the time of the notification? Was such notification in any employee policy that the employee knew or should have known about, such as an employee handbook given to her?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      This is the wife of wtecro35

      My pay period ends on 06/20/2010. I gave verbal notice on 06/16/2010, but will give written notice today 06/17/2010. I am wondering if this is really true about the reduction in pay. If it is I am wondering if i should just cut ties with them now. I get paid $8.50 per hour and minimum wage is $7.55 per hour. I will have 80 hours on my check. If I have the pay reduction, I will lose $76.00. I know it does not seem like much right now, but that $76.00 could pay a bill or fill up my hubby's SUV. I just checked the handbook and there is nothing in here about a pay reduction, but my supervisor told me that the boss has done it in the past. The supervisor also said that the reason why the boss has gotten away with it is because no one has challenged him. Please help!

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      • #4
        Hello, Mrs. OP.

        Although Florida has no specific wage and hour laws prohibiting prior notification of a pay decrease, I have heard anecdotal evidence of court cases relative to this issue where the employee has prevailed, citing a violation of the "contract" between the employee and the employer to work at a certain rate (although most contracts are written, verbal "contracts" CAN, under certain circumstances, be valid as well).

        Well, the worst case scenario is that you'd lose something more than $76, because you'd also lose the work that you might have worked today through the 20th if you quit immediately. Let's say you've already worked 64 hours and that would be paid at MW (which is, BTW, $7.25 hour, not $7.55)-that would be $464.
        http://www.floridajobs.org/minimumwage/index.htm
        Working 80 hours at MW would be $580--that would be a loss of $116 less taxes. Although , even if you worked no more hours, I can be that this guy will pay you minimum wage anyway for the hours already worked, and take his chances that you will sue him in small claims court.

        However, since you already have another job, maybe they would be able to let you start earlier than originally planned? If so, you can certainly consider quitting immediately with no notice (and I don't normally say that). But trust me, these types of employers are going to reduce your pay to minimum wage anway, because quitting with no notice will p!$$ them off even more. And honestly, employees quitting with no notice is not going to stop this guy, IMO. In this economy, he'll find somebody else.
        Last edited by Pattymd; 06-17-2010, 04:45 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Re

          Thanks for the information. I called my employer and he did state that if I quit right now then he COULD and WOULD reduce my pay. However, he said that because I gave the 2 weeks, he can't unless I don't work it. So I told him that I would not be able to work my full 2 weeks, he asked me to give him until 06/24/2010 @0400 hours. I said only if you do not reduce my pay. He told me he would not reduce my pay, but he would not hire me back. I told him i understood. Should I believe him?

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          • #6
            Has he proven trustworthy in the past? You know him better than we do.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Not sure about a security guard license/certification, but I do deal with State licensing boards in behavioral health (nurses, counselors, social workers, psychologists, etc), and they seem to be at least grossly similar state-to-state and profession-to-profession.

              An employer or former employer can't just have someone's professional license revoked. They can file a formal complaint with the State licensing board, and then the Board will investigate and come to a decision. The licensee has the opportunity to appeal.

              The complaint from the employer would have to be about something you did to violate the code of conduct outlined by the Board. If you have not done anything like that, then the employer has nothing, or would have to actually lie. In general, these licensing boards have pretty high standards of proof to meet before they will revoke someone's license or cert.

              My guess is that this was just a threat to scare you.

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              • #8
                Re: license

                I also work with healthcare professionals and agree 100% with TSCompliance regarding those licenses.

                However, my husband has a Security License. In Colorado, each city issues their own license and the license is sponsored by the employer. If my husband were to leave his current job for another security company, he would have to surrender his current license and re-apply for one with the new company as the sponsor. He also worked security in California, and said that in that state licenses are issued by the state and are good for any employer. Rules definitely vary from state to state.

                My suggestion would be to contact the issuing agency for your license and see what the rules are for revoking a license. It may be as simple as employer-sponsorship, in which case (if your new employer is also security) your new employer would sponsor your license.

                Good luck!
                The opinions and advice I give are strictly from my own experiences and respect that others may feel differently than me. I do sometimes play devil's advocate, but mean it as no offense towards anyone.

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                • #9
                  Re:

                  Thanks to all your replies on this matter. He has never done anything to me in the past that would prove or disprove him trustworthy. I did find out that he is under investigation with the labor board here in Florida and the Licensing board as well.

                  I did call the Licensing department (which is state issued) and advised them of this threat, they said that is exactly what it is just an open treat to try to get a person to stay. The lady there said that she gets tons of calls per day about the same issue with security companies all over the state of Florida.

                  So I do not feel that concerned about it now, but I advised him that if he did try anything unprofessional that I do have a wonderful attorney on speed-dial who eats companies like this for breakfast. I also told him that unlike you, mine is not an empty threat to scare someone; it would really happen.

                  Comment

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