Jacksonville FL, St. Augustine, Orange Park, Jacksonville Beach, Ponte Vedra Beach
May 15, 2008

Florida Unpaid Vacation? How can I collect

I did not get paid my Vacation pay, What can I do?

Under Florida law, employees are entitled to make a claim for unpaid vacation pay that is vested. "Vested Vacation Pay" is defined as "wages" for purposes of section 448.08 requiring the employer to pay all attorneys fees and costs. If you win, you are entitled to receive unpaid vacation pay for the last 5 years and legal fees and costs associated with the case.

Most cases center around a termination. If you are terminated from your job, you are still owned vested vacation pay whether the agreement was written or verbal. The employer must pay you the value of your vacation. If the vacation pay was not vested under the terms of your agreement, then your employer does not need pay it.

If you have a question about your unpaid vacation please Contact a Florida Employment Lawyer to discuss your situation.

You should have a copy of your employment handbook, any employment agreements, and pay checks.

January 17, 2008

Death of Employee and Final Paycheck

Florida Paycheck Lawyer AttorneyA paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send notice to their address that the check is being held for their estate. This gets more complicated with direct deposit where the funds could go to the wrong person. The decedent could have a joint account with someone who was not the same person who would take under the will.

If you have questions about receiving or what to do with the earned but unpaid income of a decedent in Florida you should contact a Florida Estate Planning Lawyer who is familiar with Florida Business Law.

January 9, 2008

Withholding of Last Paycheck in Florida

Jacksonville Florida withholding of pay, paycheck
There is no requirement in Florida that an employer must tender a final paycheck immediately upon an employee's termination. Generally, after an employee has been terminated, his final paycheck(s) is due on the next regular payday or days.

The employer may not hold the final paycheck as "ransom" in an attempt to force the employee to sign a release or other document. The employer may make deductions from the final paycheck for monies owed the employer, advances made to the employee, damaged equipment, other set-offs, reimbursements, etc.

If you request your final pay and it is not received within 30 days Florida Law allows you to sue your employer for collection and fees and costs associated with the attempt to collect unpaid wages.

If you are be affected by this type of behavior or want to put policies in place in your business to help prevent these actions please contact a Jacksonville Employment Lawyer.