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My Bosses Stole My Money? Is This Legal in Fl? Florida

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  • My Bosses Stole My Money? Is This Legal in Fl? Florida

    I recently took a day off from work and upon receiving my next paycheck, I noticed I was missing money. Now, let me qualify this statement.

    The company I work for has never had a clear personal leave policy. I am an exempt employee who has taken days off in the past and never have I received negative repercussions.

    Recently another employee was out from work for 2 weeks due to a kidney infection, due to his absences (which they deemed abusive), they decided to initiate a company wide personal leave policy (meaning there was no existing policy as of last week).

    I asked my bosses about the disparity in my pay and I was told by one boss that I surpassed my personal leave time. I told her, that since I've been at this company there has never been a personal leave policy. There is no employee handbook or anything of the sort that details how leave, personal or sick days are managed. As of, this week, we were instructed to sign the new personal leave policy (which I didn't) so, how can I not be paid for a policy that didn't exist until this week. On top of that, they don't use time cards and they don't keep any records of when employees are present or absent. So, if I were to ask them to produce these records, they couldn't.

    At that point, my other boss came and told me that, I wasn't paid because, I didn't give them enough advanced notice, again I told them, that there is no stated policy that details the amount of advanced notice an employee must give, nor are there leave requests.

    I told them that I felt that due to another employee being absent too long that I was being punished arbitrarily; I feel that way because, it wasn't until recently that I have run into these issues. As I stated before, I have taken personal days before with no wage garnishment.

    Based on my understanding (and any clarification will be appreciated), once an employee is hired he/she is usually presented with a detailed personal leave policy that regulates how these days are managed, how many you are allotted, and the method to request time off. Being that the company never had a clearly defined policy until 3 days ago, can they take my wages? Can the new policy (which I haven't signed) be applied to me retroactively?

    I will approach them again on Monday about this situation, but I'd like any clarification I can receive about this.

    Thanks in advance
    Last edited by JMJ; 05-30-2008, 04:44 PM.

  • #2
    I would say that if there was not a written personal leave policy then there is not one. In other words you most likely got lucky with the other days that you tool off because no personal leave policy was implemented or presented to you. If I were personally in your spot I would leave well enough alone.

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    • #3
      Originally posted by KidWhiskey View Post
      I would say that if there was not a written personal leave policy then there is not one. In other words you most likely got lucky with the other days that you tool off because no personal leave policy was implemented or presented to you. If I were personally in your spot I would leave well enough alone.
      I understand what you are saying, but i'm interested in knowing if that means that if a company has no policy they can essentially govern as they choose or are there actually rules in place that govern these issues irrespective of how individual companies approach it?

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      • #4
        The laws that are in place do not support your position.

        The law specifically allows employers to dock even an exempt employee who takes time off (in full day increments) for personal reasons. There does not have to be a written or even unwritten policy for an employer to legally make this call since it is expressly permitted by law. The fact that they have not done so in the past does not make it illegal to do so now. If they want to start tightening up on leave time, they may do so.
        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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        • #5
          Thank you...

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          • #6
            Exempt Salaried rules
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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