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2 weeks and policy states 30 days Florida

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  • 2 weeks and policy states 30 days Florida

    what does it mean to me if i give 2 weeks notice when the policy dictates 30 days notice in terms of y getting paid? And now they are trying to fault the quality of my work? Can they keep my $ for hours worked?
    Last edited by [email protected]; 08-18-2011, 11:56 AM.

  • #2
    This is maybe complicated. Hours worked and paid time off (including vacation) are two very different things.
    - The federal government (DOL) cares about minimum wage and overtime. Not vacation. Not base pay in excess of MW.
    - FL has a reputation of not caring about much of anything. FL does not have a DOL, and FL does not enforce what little labor law it does have.
    - As is often true in FL, recourse is in the courts. Small claims court for small dollars and talk to a lawyer about general court action for larger dollars. It is never legal for an employer to refuse to pay for time actually worked. The problem is that FL employers already know that FL is fine with the employer not paying you and that your only recourse is in court.
    - Vacation is question mark. There is NOTHING in federal law which requires the employer to pay your vacation balance. I cannot say as a fact that FL does not have such a law, but point in fact, most states either do not require such payments or at best have a "follow your policy" rule. The chances that FL has a "must pay vacation" rule is slim and none. FL might have a "follow the policy" rule. If you have to talk to an attorney about the unpaid wages, have them look at the unpaid vacation but do not expect much.
    - HOWEVER, you mentioned that 30 day notice policy. You want to have an attorney review that. If the employer did not know what they were doing, they could have shot themselves in the foot with that one.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      There is NOTHING in federal law which requires the employer to pay your vacation balance. I cannot say as a fact that FL does not have such a law,

      I can. Florida does not have such a law. Florida does not even have a follow-your-policy law. Florida is of the "it's not wages, we don't care" school.
      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.


      • #4
        Agree, Fl. has NO law at all re the payment of earned vacation at termination.
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