Employment Law - Florida

Floridas at will law vs discrimination

tsea — Tue, 17 Nov 2009 05:33:53 GMT

my husband is a 20 year veteran of the US Navy who recently started a job with a public works department for a city here in Florida. He was let go after 5 months for not fitting in. Was never late, never had performance problems, always did what was asked of him on the job, but he was a white american male. The department consists of a Female supervisor, a gay male worker, a handicapped male, a female, and 2 minority males. Did he not fit in because he was a white male or was it a at will choice of just not fitting in that allows them to let him go??? Fairness at work at the government level of Florida!!!!!! So sad that white american males have no rights welcome to America....

Not receiving final paycheck...

MaryMary412 — Fri, 20 Nov 2009 23:21:18 GMT

I have not received my final paycheck from my ex employer after he himself told me my check was ready once they receive my timesheets. I sent them my timesheets and sent them an email asking them if they have received them. His office manager said yes and told me my check was sent out on Monday. Everytime I go to the mail there is no check. I contacted the office manager yesterday and asked her if my check was sent out on Monday and she said she believes so. First they say it was sent on Monday and now they "believe" it was sent Monday. She told me she was going to talk to the accounting department and call me back to confirm when my check was received. Still waiting to get that call. My ex boss then emailed me telling me that he googled my name and he saw these comments that I wrote on my twitter account while I was working about the company are all over the internet. I barely go on my twitter account and the last update on that account was on August 29th. I was employed on Sept 21st! Couldn't possibly write anything about the company there since I hadn't even looked at that account since I was working there!! He then went on to say he saw comments about my "Tampa trip." I would love to know when I went to Tampa because I can't quite remember the trip. Then he says that he was wondering if I was really out sick or if I went to take my CPA certification. CPA???? I'm a Psychology major not an accounting major and he knew that very well. He is trying to make all these lies up now about me and making false accusations against me. I quit in the first place because he was so scatter minded and all over the place and I couldn't deal with it. He's a shrink so you can just imagine. I've already contacted the Department of Labor and I wrote him an email asking him where my check is and telling him I already contacted the department. Is there anything else I can do to speed up this process or should I just let it take its path and let the department handle it?

So sorry for the long post but if you've gotten this far... thanks for reading

Laws regarding workdays

waynebart — Thu, 19 Nov 2009 23:13:11 GMT

I just moved to Florida from Colorado, and because of some issues with an employer in Colorado, I've always researched my rights in the workplace. For some reason I'm having a hard time finding anything online. I'm inclined to believe that they're nothing on the books, and have been going by the Federal Requirements as a base. I work retail, and retailers have been known in the past to take advantage of employee's ignorance of the law. It's happened to me before, and rather it not again. If there's an online resource someone can point me to I would appreciate, otherwise, my main concerns are as follows:

Meal periods: Are they paid, unpaid, or does it depend? What is the required duration, if any? How long of a shift must you have in order to be required to take a lunch? Are you required to do so at all?

Rest periods: Are they mandatory or is it up to the employer? If required by law, at what increment of time do you begin receiving rest periods, and what duration would they have?

Overtime: I know it's at forty hours, but what about daily? Is it at twelve or ten?

On another note, my current employer has a weird habit that isn't sitting right with me. Say I work a shift, let's say, 6 1/2 hours. I'm hourly, non-exempt. If I forget to take lunch, or am too busy and decide to skip it, they'll go into payroll and remove thirty minutes of pay. Colorado has a working lunch law where hourly employees will do this, and as long as management doesn't REQUIRE it, it's a non-issue. It's a habit I've formed. Any thoughts?

He opened my check

NYJerry212 — Wed, 11 Nov 2009 22:26:18 GMT

Hello ladies, thanks for the advice. I kinda just walked in and remained calm... When I got there, he had opened my check claiming he was making sure I dont have direct deposit which makes 0 sense. I could only get direct deposit through him plus I have spoken to him on the phone prior to picking it up. He could've asked me. Can he open my check? What could he have been looking for?

Discrimination or Wrongful Termination or neither?

NYJerry212 — Tue, 10 Nov 2009 23:47:17 GMT

2 Saturdays ago I called into my job stating I was dealing with back spasms. Now, I told my supervisor that I could go into work but that Im not feeling well. In the past I missed 3 weeks of work because I went to a church retreat and while I was there I got very sick with bronchitis. So I was out for a little over 2 weeks. I stayed in touch with my supervisor the whole time and brought in the paper work. A second time my father got sick in Miami and I missed 1 day of work. Anywho, our insurance sucks so it's pointless in getting it. Technically we have never been trained to throw those bags (I work in an airport as bag handler/skycap). Today he told me to go to work and make sure I bring my badge. I have a feeling his terminating me. I also have a coworker who's been written up a TON of times to my ONE time. But this guy and my supervisor are buddies and ride together in a motorcycle club. But the things that guy has done warrants getting arrested, nevermind fired. My supervisor has been more than vocal about his problem with my affiliation with my church even though he tries to downplay it when he realizes he's talked about the "church" one too many times, plus he's told my coworkers of why I dont go to work, stating that I just dont want to work cause I rather go to church. He claims he doesn't have a problem with me going to church but told me that he rather have somebody who can work whenever and doesn't always have some church event. Im always on time, I do my job better than anyone else. Im very respectful and mindful of my coworkers. Very trustworthy. But I think his problem with me is that I refuse to work on Sundays because I have church. I told him from the get go that I would discuss Sundays with him down the line. Then he, hesitantly, gave me the option to take Sundays off. So I accepted. During the time I've been off from work, since 2 Saturdays ago when he told me that he dont want me back till I go with a Dr.s Note, I've heard from coworkers that he's been telling people that I dont want to work cause I prefer my church activities and whatnot. As I understand it, he is not allowed to discuss my status with anyone, especially in an inflammatory way.

SSDI & Unemployment Collecting both concomminantly

Craig Vale — Wed, 04 Nov 2009 15:15:00 GMT

I need a pro bono opinion on my appeal to the decision of the State of Florida re: my being asked to repay benefits already rec'd. I have a hearing Nov. 9th and need to know if my appeal has any legs to stand on.

APPEAL

I would like to preface my argument by citing statute 443.031. The rule of liberal construction as set fourth under Florida Statutes: Title, XXXl , Chapter 443, entitled Unemployment Compensation, and the importance that this rule confers upon the claimant in this particular case.

(See attached)

History of claim

&nbs... Due to the poor economy my employer, Eurographix of Altomonte Springs saw fit to eliminate several positions within it’s firm. I, having held the position of guillotine operator was let go. I subsequently filed my unemployment claim the following week and benefits began I believe the second week of January 2009, until they were suspended on 08/17/09 due to the current issue at hand, my Ability and Availability to perform gainful employment.

It is my contention that I conformed to both requirements as to my ability to work and my availability for work, during the intervening weeks, collecting my benefits until my being awarded SSDI on the 17^th of August 2009.

During this period I actively sought employment via newspaper ads, the Internet, and my personal visits to local area firms, along with an occasional “heads up” from friends. The attached list documents the history of my efforts in this regard.

I would like to note that on the very day I received notice from the Social Security Office of my acceptance to the program, I immediately called the unemployment office to enquire as to the legalities of receiving both SSDI and unemployment benefits. I cited Fl. Statue 443.101 regarding SSI payments and was put on hold. When the representative came back on line he was in agreement with my interpretation of the statue as it related to my being able to continue with the benefit. I pressed the issue in that I wanted to know if there was a conflict with the “ Able and Available” clause and the apparent disability that on it’s very surface would contradict the former. It was explained to me that there could very well be a type of job that I could perform that would not necessarily deem me unavailable or unable to do. The example given by your representative was as follows;

“ Say the DOT wanted someone to sit at an intersection with a hand held counter and I was asked to count the number of vehicles going over a certain bridge," could I do that?”

I said, “sure I could” Your representative said that would satisfy both the availability and ability question should it arise.

I would respectfully contend that just because there was not a particular job fitting this exact scenario, I should not be characterized as being unable or unavailable to perform this work if offered. One can envision several other jobs that would fall into this category as well.

I then received my usual notification from your department by mail to file my claim and I did. I checked my online account the following Wednesday to see if when it was deposited and what I found was that a single weeks worth of benefits were deposited, not the two weeks that were due. I then assumed that all future payments were stopped and that I was no longer going to receive them. For me the benefit had ended.

Well two weeks later I received my notice to file claim again so I called your department for further clarification and was told my claim was still valid. I repeated the “able and available” issue to the woman I was talking with and she too put me on hold and said she would check. She came back on the line to say I was still eligible for the benefit. WE hung-up and within 5 minutes she called me back and said that upon further review she said an adjudicator was currently looking at my particular case and I should hear something soon. I mentioned I received notice to file my claim and told me to continue to do so, so as not to interrupt the ongoing claim. She said if I had a positive outcome from the adjudicators review, I would be getting a retroactive deposit and would not have to re-open my claim.

Not having heard anything as of August31, I called your offices and inquired of the status only to be told I was no longer eligible for benefits and a letter would be mailed that very day detailing the department’s decision. That mailing arrived Wednesday and I filed my appeal later that day online.

My current position is that I still qualify for the benefit under title {443.101 pg. 5} I was then and currently still qualified to receive this benefit up and until

&nbs... (a.) A suitable form of employment similar to what was mentioned previously is found.

&nbs... (b.) I refuse a job fitting the aforementioned criterion.

I would note that The Social Security Program itself has what they refer to as the “Ticket to Work” program wherein if I wished to work or had found what was determined “suitable” employment, the agency would provide services to facilitate my efforts in this regard. It seems that the SS administration had determined that I would be able and available for work if I so choose this option.

In summary I would ask that you take into your consideration the Fl. Legislatures determination that the “ Rule of liberal construction” is not to be taken lightly and by legislative edict must be used in determining the intent of the verbiage used in section 443.101. Specifically as it relates to paragraph (c.)

&nbs... If this board sees fit to subjugate any funds at all it would be for the period in which the two benefits overlapped, [07-01-09 thru 08-17-09] totaling $2100.00 &nbs... it is my contention that the benefit is still due and payable as I have yet to meet any of the disqualifying codicils put forth in the statute cited above.

Fl. Statute: Disqualification of benefits 443.101 in support of my position Sec8 par. ( C )

(c) For any week in which he or she has received benefits from a retirement, pension, or annuity program under the United States Social Security Act, for which program he or she has paid any contribution, benefits may not be reduced because of the contribution. For the purpose of this subsection, benefits from the United States Social Security Act, a disability benefit program, or any other similar periodic payment based on the previous work of the individual are considered retirement income, except as provided in paragraph (c).

Also, there seemingly is a conflict with USC~42~12101 as it relates to Title II of ADA. Florida's contention seems to be non-compliant as to my very situation.

Bounced payroll checks?

AAmador — Fri, 30 Oct 2009 19:11:45 GMT

I work for a landscape design firm in Davie, Florida. Two of my deposited pay checks bounced when they were put into my bank. I was re enburesed for the checks but was told to go cash them at a check cashing store in the future. I cashed one more from the same Check Cashing Store and apparently it did not clear becasue the next time i went in there with two checks to cash they told me i had a balance because the last check did not clear.

What actions should i take? Will this hurt my credit?

Thank you

Is it legal to withold pay for accrued vaction time?

Dalyn — Fri, 12 Jun 2009 14:17:56 GMT

I have given 2 weeks notice to my employers that I am leaving. I have been told that I will not get paid for the vaction time I have accrude and would have been entitled to take and be paid for if I were not leaving. I have also been told that if I try to use the leave as part of my 2 weeks notice, I will not be paid.

Is this legal under Federal or Florida employment laws?

Can they refuse to pay me when the terms of employment state that I have earned the vaction time due to me?

Harassment on the Job with UDR. INC

jadams99 — Tue, 27 Oct 2009 12:23:31 GMT

Ok, here is the short version of my case.

I was working for United Dominion Realty Inc. for 7 and a half years, after working under several Property Managers, my last manager continued to ask myself and the rest of the Maintenance staff to go throughout the property and pick up the trash bags that were left out by residents and go through them to find out who they belonged to so that there could be fee’s applied to their accounts. I stated several times to her that this was a serious health violation and was against what I felt to be “right”. She refused to believe that or even listen to my concerns about doing this. She made me feel as if I didn’t do it my job was in jeopardy, so I was left to just do it. Even after the facts were presented to her, that even the trash valet was stuck at least 3 times in the last year with dirty needles. She was reckless in her judgment and I was forced to continue to do this action. After the last time I stated to her that this was wrong and I didn’t feel comfortable in doing what she was asking of myself and my team, she stated to me that she just couldn’t trust me and that I was selfish by not doing what she was telling me to do. And due to the stresses of Tina Hardin and her micromanaging styles, lack of trust, mean and hateful attitude, always making me feel that if I didn’t do as she stated, I would loose my job. I ended up in the hospital with a heart issue. All due to job related stress.

So now my wife got a job transfer. After a few weeks of discussion we decided to make the move to Tennessee and now I am trying to get my unemployment, but UDR INC. is refusing to pay it, stating that I moved for personal reasons. When in fact that isn’t the case, we made a move because of my wife’s job transfer.

What can I do? Is there anything that can be done?

Can my employer doc my pay to offset the salary of another?

craig1961 — Sun, 11 Oct 2009 21:36:47 GMT

I work as a flat rate technician for a car dealer. I only get paid if I have work to do. There are a couple of hourly techs as well. Recently the service manager has decided that the hourly techs must show at least 25 hours worth of productivity even though they are not flat rate. So we flat rate techs are required to give them work to do even if it means we don't have enough for ourselves. If they don't show 25 hours of productivity then all of us flat rate techs get hours deducted from our paychecks to make up the difference. No one agreed to this and we did not sign anything. They just decided this is how it's going to be. So not only am I not getting paid because the work is going to the hourly techs but, if they are not productive enough then they actually take money out of my paycheck!!!

Is this legal? Can they fore me to pay part of another persons salary?

Fired by FL DOR, this agency has past complaints

mrscarolg — Sat, 10 Oct 2009 22:15:17 GMT

I was fired by the DOR on Thursday. I believe I was fired in retaliation for going to the District Manager with complaints about the negative atmosphere. I went to the Ombudsman because I believe my manager was preparing to have me fired. I just had a review that did not address any reason to be fired, and a client wrote a nice letter about me that was posted in the FL DOR employee newsletter.

I hear that a manager sent an email stating that I was taking a few days off, but on Thursday after the agency manager told me I was not a good "fit" with the department, two managers followed me to my office, took my badge and keys, and helped me carry my personal items to my car. I was not given a reason why I was being terminated.

Below is a link from a mediation relating to a similar situation regarding the work place involving the same supervisor:

www.afscmefl.org%2FSha...

Status change - contract to payroll back to contract

stpetefl — Thu, 08 Oct 2009 19:31:33 GMT

I am in Florida, a right-to-work state.

I was hired as an idependent contractor nearly three years ago at the company I currently work for. At the time of my hire, I was a full-time student with many years’ experience in my current position. The term was initially to be for six months. I was informed that I could work a maximum of 32 hours per week, although on my breaks from school it was agreed that I could put in 40 horus.

The employer drew up a non-compete agreement and also an independent contractor agreement, which stipulated the amount of my pay. I reported to the employer and used the employer’s equipment for my work. Although they have been flexible with my schedule according to my needs, I am still expected to report to work at the agreed-upon times. I was also told that I was “allowed” to attend company meetings if I “wanted” to.

The contract position was extended to an indefinite time period without the promise of hiring me on. My status was subsequently changed to “intern” when someone reported the company’s handling of other “contract” employees, and I was put on the payroll. I then received holiday pay, but no other benefits.

Now I have graduated from school, I am being told that I am being put back on “contractor” status since I am no longer a student. This means that I again will be responsible for paying my own taxes and will lose the Social Security match that they should have been paying. Again, this is to be for an indefinite period of time, which no intention to hire. I feel that this is an innapropriate action and is unfair to employees and was told by my accountant that the previous “contract” situation was illegal. To my knowledge, there are several other “interns” on the payroll, although I am not aware of any changes in their status.

Is this employer breaking the law by 1. Treating a contractor as an "employee" without paying benefits; 2. Changing payroll status back to contract position at will?

What can/should be done?

Termination with a signed Employment contract.

MMoore5025 — Thu, 08 Oct 2009 03:18:54 GMT

Recently I was hired by a Florida corporation that gave me a 120 guaranteed contract with dates and rates of pay spelled out on thier letterhead signed by myself and my boss an officer of the company.

After 2 weeks I found out that the boss was interviewing a person behind my back and offered him a position with the company. A few days after this person started I was terminated and the new guy was given my position.

I was NOT fired for cause as I didn nothing wrong, and I do have an original signed employment contract by an officer of the company stating that from September 1st through December 31st I will receive a base salary of X number of dollars as part of my compensation package.

When I was told I was being let go, I asked about my employment contract and was told I was an "Employee At-Will."

My question is: Does an employment contract with a term of employment clearly stated and compensation for that period stated supersede any "At-Will" labor law? I feel it does; however, I am no Attorney.

We have only one Employment Law Attorney in Fort Myers that represents employees and it will be another 3 weeks until I can even get in for a consultation with him. I just need to know if I should get the $350.00 consultation and that I have a case with this signed contract or not.

Thanks in advance for any advice the Florida Attorney's here may be able to provide.

MMoore5025

Suspension without pay Georiga

RV Tech — Sat, 03 Oct 2009 05:49:12 GMT

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplo... Hello again, I have run into a new problem at work and it is bad. I have been working for the same company for 2 years and have been working with a head manager very closely. After 2 years of watching this guy harass, threaten and just being dirty and underhanded I finally went to his boss. I talked to her and explained what was going on and that he was working to replace her and a few other employees. I gave this corporate manager all the info on what was going on and what each instance was. This would includes the man threaten an employee with a gun.

Now I know this sounds way out in space when you hear someone talk about a major multibillion dollar corporation letting this happen but this guy is very good at what he does. Now before I did this I gave her a heads up and said I wanted protection from this man or anything he could possible do. She informed me that she would and that anything in the past was in the past, she just wanted what was going on now and what he has done to her. I said ok and gave her all this info, some of this info there is no way I should have been privy to it or any other employee. As I talk to her and went over the information she was shocked. She then said there would be an investigation into this matter and HR was in the room with us. The funny thing was some of the information was on the HR lady too.

Well they did their investigation and they called me in and said we have finished the investigation and here is what we have. All information was inconclusive on this manager. But we have some information on you and after they went through it, it was everything I gave them and they said I did the stuff listed. Now during the investigation someone told the manager that I had turned in, strange huh. The next thing I know this manager comes after me and went crazy even telling me to watch my back and he was going to get a gun and stuff. So as the meeting went on they blamed me for everything that I gave them. I told them this is some twisted crap and how could they believe this stuff. oH ya I forgot to tell you some employees came to me and said this guy even spent hours talking to other employees threaten them to say some of the stuff I was now being accused of. He was coaching them to make sure they did what he said.

I told the boss if I didn’t tell you what was going on I would not even be having this meeting if I didn’t come to you to let you know about this stuff, so how is it I am now on trial for this stuff. Well let me get to the end of the story, they told me I did all this false stuff and now I have 3 days suspension without pay. Next they told l me I don’t have to sign this investagation document, but if I did then I could write my own comments on the document. Of course I sign it and wrote a mile long reply on it how the information was false and in no way was I signing this to admit that I had done any of these items on this document.

Back to the 3 days of without pay , well the first thing I say is fine I’ll use my Paid time off money and they say no you will not, time off is without pay. I don’t see how they can stop my money like that when I have earned this money for days off, sick time, vac time or whatever I need it for.

1. My question is can they do this to me.

2. My second question is after they said the info was inconclusive they tell me he has been dealt with and corrected for what he has done. If the information was inconclusive then why did they have to correct him and deal with him?

3. My third question is after being promised by this manager to be protect how can they do what they did an put the very first bad mark on me in my file.

Termination

Amgabriel — Mon, 05 Oct 2009 13:42:48 GMT

My brothers girlfriend recently gave birth to my first niece. My brother and his gf do not have a vehicle and they are the ones who stay at my house to watch my children when I am working. When she went into labor, I took her to the hospital and stayed until the baby was born. My work was notified. After being in the hospital all night I went home, showered and went to work to complete my shift. I was required by my manager to come in early and stay late other days until my time was made up. A week later, when the other employee returned from vacation (there are two of us), I was called into the office and told I was terminated. They stated that since my brother was not married to his girlfriend, I could not count the incident as a family emergency and they were going to terminate me for missing the time. My questions are: 1. Is it legal to terminate a week after the offense because you don't have someone to cover, AND to require me to make up the time? and 2. Is it considered discrimination based on marital status, for them to decide it was not a "family emergency" because they were not married?

Salary

Amrose — Mon, 05 Oct 2009 02:39:40 GMT

When i started working for this company we agreed that they will pay me salary which means i will have 40 hours per week even if i have been working maybe 30 or 35 but maybe next week i will have 50 hours or more on which i have agreed.Now my boss is counting all my hours saying i need to have 40 hours a week not less not more than 40 hours which is fine but why would he count when i am on salary i think it is stupid.I have been working for that company now 10 months and that new rule started a month ago.Since i have been working there for those 10 months i never took a day off or was sick and had a sick day.Do i have a right to have a sick day and since i a working on salary do they hav a rit to take 8 hours of my salary if i take on day off or become sickbecause i want to take one day off next week.Can anyone tell me what are my rights on working on salary.Also they want me to be flxible to work couple of hours in the morning like from 9:00 am to 11:00 and later from 3:00 pm to 9:00 or 10:00 pm I don't like that schedue but they always bring up that i am flexible i also have a small chld.Do i have anyrights to say no to that schdule.Please help me i'm near a nervous breakdown.Thank you

Workers comp privacy issues

needanswersplease23 — Sat, 03 Oct 2009 21:56:29 GMT

I am aware that Hipaa and workers compensation leaves little protection against privacy as far as medical records and others, but would like to see if there are any additional protections under Hipaa that would protect in privacy in a diffcult detailed situation.

As far as I know electronic records or other are permitted to any who may be involved in workers comp care, but this is limited to physicians and administrtion particularly those involved in handling the actual claim.

What would the protection be under either STATE LAW or HIPAA in this scenario:

A Hospital employee is injured on the job, no dispute , employee is at the mercy of the Hospital's self insured workers comp policy and those in charge of managing it ,which is an outside source contracted by the Hospital.

Employee is directed to physicians of their choice and this is not a problem as the physician is no where near or affiliated with Hospital as it was a specialty ( long story)

The problem is when diagnostic tests were ordered ( numerous) for employee the Hospital demanded that the injured employee utilize the Hospital facilty to have this testing carried out, which created a privacy issue for the injured employee as the injured employee was forced to allow co-workers to perform this intrusive diagnostic tests. When the employee complained of their feeling their right to privacy was being abused the answer was it does not matter , you must have the test carried out by them whether they are your co-workers or not. These same co-workers due to the scope of testing they were performing would be privy to all pathology seen and because they are skilled and know pathology as they must they were privy to all medical condistions of injured employee as well as dictated radiology reports, not to mention having to undress and be examined by them. The facility is also a LONG distance from the injured workers home, the employee only works 3 days a week at facility so driving there for work is not of issue ,but to have to SEEK medical care so far away while injured is another story and as mentioned the privacy as well. The facilities being traveled to for medical care are long distances 140 to 180 mile commutes to obtain.

Is there any protection as for privacy or distances that must be traveled to seek treatment for a worker injury in Florida.

Please if anyone answers if you could read thoroughly before answering,I know this is not a usual circumstance and so there may be other protections that do not readily stand out as it appears on the surface.

Thank you for any assistance.

WRONGFUL TERMINATION

Jamie_50 — Sat, 03 Oct 2009 17:08:56 GMT

Approximately 3 weeks ago, I asked my supervisor, if the hospital could help me in obtaining catheters for my son. He is a quadrapalegic. I explained he didn’t have insurance. She told me she didn’t think the hospital could help employees in this manner. I then asked if maybe the catheters could be donated to him, until I could find another source. She told me she wasn’t sure about that. I told her I would like to check with the nurse in Preop to see if they could help. My supervisor then stated that it would be up to that nurse and her department, and that she would not get involved. She gave me no suggestions or possible options. At the time, her response seemed a little uncaring and somewhat unsympathetic and that suprised me because she was very familiar with my sons' condition as I had showed her on several occasions videos and pictures of my sons’ progression over the months I worked for her.

I talked to a nurse in Preop, explaining my sons condition and the need for catheters. This nurse checked for me and stated she did not have access to them and SUGGESTED I contact Supply Chain to see if they could help. When I went back to my office, I called Supply Chain. I told her about my son, what I needed and asked if her department could help with the catheters. She asked me what size and I told her 12 or 14 would be fine and if she could spare about a dozen or so. I explained to her about the Medicare issue, that my son did not have insurance at the time, but if Medicare was retro, If needed, I would give her the information when he became eligible to cover the cost of the catheters. She told me she would see what she could do. This woman is not a supervisor, just an employee in this particular department.

Later that day, she brought 10 catheters to me. She told me that when I needed more to let her know. I thanked her for her help and had an overwhelming sense of relief. The hospital had been able to help me after all. At least for now my son would have catheters and I had more time to figure out what else I could do when these ran out. The same day I received the catheters, I let my supervisor know that I had been given them. I SHOWED the catheters to her in the bag they had been placed in. Her response was “good”. Nothing else was said.

Approximately 2 weeks later, I found myself needing more for him. With no other avenue to go, I attempted to contact the person in Supply chain again. A different employee of that department answered the phone, and I told her what had been said to me previously about letting this first person know if I needed more catheters. Since this person was not in, I asked her if she could get them for me. She said she didn’t know where they would be and to wait and talk to the one who got them for me before. It was 2 days later that I finally got hold of that person and told her I needed a few more. She again asked what size, I told her and she said she would call me back. I did not hear back from her. Let me also state, that the only people who I talked to about the catheters other than the nurse from preop, was my supervisor, and the woman who gave me the catheters.

That following Friday, I am called to the HR (Human Resources) office concerning the catheters. I try to explain to them what happened, while being interegated at the same time. I don't have my wits about me, because all the while I'm thinking, why am I here? What have I done wrong? What I am told at that point is that the woman who gave me the catheters stated to HR, that she was ‘under the impression’ and that I had “implied” that supervisor approval (on my end) had been given for these catheters. First of all, I had never implied anything; I had told her that Preop had suggested I call Supply Chain for possible assistance, and second of all, I had ASKED this woman in Supply Chain for help, IF she could help. She never asked any questions or made any additional remarks at that time. Whatever she needed to do on her end had nothing to do with me at that point. She didn’t say she needed to ask her supervisor, did not ask to speak with mine nor asked for any approval verbally or in writing. I had already talked to my supervisor about this. I made sure my supervisor was aware so that she would not feel that I went over her head to get help. My supervisor never offered to help me, to try to find out exactly what the hospital could actually do in my situation. She never even stood up for me during the meeting with HR. I was on my own. I certainly was not aware that supervisor approval was needed in order to ask for help in question form.

HR asked me at one point during our meeting, if I would do anything for my son. This question was an implication that I would lie about the catheters and it was an insult to my intelligence and the kind of person I am. That I would actually state something of a false nature in order to help my son. I would never jeopardize my sons’ welfare nor my own by putting myself in a position where I could lose my job. I am my sons' sole caregiver and single mother. I would have continued to sterilize used catheters, had the Supply Chain been unable to help. I am sure that eventually at some point I would have found another way.

I was told by HR that my employment was terminated because the catheters were obtained inappropriately. I was disharged for misconduct. I am still confused as to why I am no longer employed with this hospital. If anyone was to be ‘under the impression’, it would have been me; that through a request for medical supply assistance, that the employee in charge of supplies, would have done whatever she needed to do on her end, if necessary, before distributing medical supplies to another employee. I was a PBX operator and had no authority to tell any department to get anything for me. In the two weeks after I obtained the catheters, nothing had been said until I asked for catheters the second time. Why did this not come to the attention of someone in authority before then? Why was it questioned over 2 weeks later? Why did I have to seek help on my own, when my supervisor was aware of what I needed and could have assisted me with this? Something apparently got lost in the translation at some point, and I have lost my job because I ASKED for help. This makes absolutely no sense whatsoever.

Facts-

1. Chain of command was met. My supervisor was aware of my needs and offered no resolve. She was also shown the catheters the day I received them.
2. I ASKED the nurse in Preop for assistance and was REFERRED by suggestion only to the Supply Chain.
3. I ASKED the woman in Supply Chain for assistance and received 10 catheters the same day.I was told by her that if I needed more, to let her know.
4. I, at no time during this process, ever 'implied' or placed anyone'under the impression' that there was&n... any sort of supervisor approval.
5. If approval was needed, the assumption would be that it was Supply Chains' responsibility to obtain this before removing medical supplies and dispersing them.
6. My request to bring in all persons involved, was denied.
7. I have been written up once during my employment as a whole and received a more than satisfactory yearly eval in August 2009 and a raise.

I requested a meeting with the CFO who made the decison to terminate me, in order for her to understand the chain of events, since she was not present when the meeting took place. She and I had the meeting one week later. I received the response today from the CFO and I am still terminated.

I applied for Unemployment, and after they spoke with myself and my employer separately, the decision was in my favor. But at the top of that page it states "alleged theft of company property"? Its like their saying I walked into the supply chain myself and took those catheters? ... though it was decided in my favor, theft was never the case. They came up with this after the fact. My reputation has been tarnished, there has been a huge amount of pain and suffering because of this and it seems to me they chose to believe one over the other. Plus my supervisor has special interest in my position,as we have a part time employee who works occasionally that wanted more hours. Although I believe that my relationship with my supervisor had been just fine,considering I hardly ever saw her, I feel this was prejudice on her part in order to get someone else in to take my job full time. Plus her and the CFO are good friends outside of work...I am totally confused... I believe for whatever reasons, she just plain didn't like me for reasons that are unclear to me. None of this makes any sense........this is a she said-she said scenario and they believed her and this woman kept her job.

Section 443.101-Just Cause For Volumtary Resignation

xstcleod — Tue, 29 Sep 2009 21:19:22 GMT

I was injured on the job, and received workmen’s compensation payments, from July 17, 2008 until December 5, 2008.

My employer, a licensed electrical contractor, would not accept me back to work with any restrictions on my work activities. Although, he refused to give my any type of document(s) stating his company’s policies concerning that subject.

I have a copy of the form from The Insurance Company, his workmen’s comp company, stating he would not accept any “transitional duty” and a notarized letter from the office manager stating my employer would not accept me back to work with any restrictions.

Sometime after each doctor’s visit I would fax, mail, or bring the latest doctor’s restrictions to the office so copies could be made for my file, updated regularly by the office manager.

On December 5, 2008, after 5 months of doctor’s visits, physical therapy, etc, he decided, without notifying me, he would accept me back to work without any weight restrictions. He agreed to that after speaking with The Insurance company’s agents (the adjuster and the nurse), and they stopped my weekly benefits as of that date.

I spoke with my employer on the phone on December 5, 2008, about returning to work with weight restrictions and agreed to check with him after my doctors’ visit on the next business day.

I had been going to physical therapy after my November 17, 2008, doctor’s visit for the two weeks prior to December 5, 2008. My next appointment was on December 8, 2008.

On December 10, 2008, I brought the latest doctor’s restrictions, which did include a weight restriction, on my activities at work. I asked the office manager to fax all the documents to The Insurance Company and made sure she put a copy of all on my employer’s desk with a note to look them over and call me if he would accept me back to work with those restrictions.

I gave her my new cell phone number, because my employer had asked that I return the Company phone I had been using because he had hired someone to take my position in the company. I did as requested as soon as possible.

My employer did not call me from that point in time until the time I left Florida on January 12, 2009, to tell me if I could return to work with the prescribed weight restrictions.

Also, again, I was ordered to go to physical therapy three times a week for the following three weeks before my next doctors’ visit on January 5, 2009.

Since I had received no income since December 5, 2008, I did not have the money to pay the rent for my living quarters for January, 2009. I stayed with some friends and put my belongings in their garage at the end of December, 2008.

After my doctors’ visit on January 5, 2009, I still had weight restrictions on my activities at work effective until my next visit on January 26, 2009. The appeals referee stated in his determination that “…after my January 5, 2009, doctors’ visit I took the release to my employer and left it on the employer’s desk. I did not make any attempt to speak to the employer”.

I could not intrude further upon my friends and their family (they had school age children). My employer, still, did not call me to go back to work since he had the information on December 10, 2008.

Furthermore, considering that I was still given weight restrictions until my January 26, 2009, doctors’ visit I had no choice other than to relocate to where my family could help me with a place to live.

I sent my employer a registered letter on January 9, 2009, telling him I had to relocate from Florida. He had all the necessary documents indicating my physical restrictions for almost 30 days, yet he never called me to come back to work.

I am not an attorney. I am not sure the wording of the letter was such as to make clear to my employer the true intent of the letter, which was to say I could not survive financially without having a job. Since my employer “could and did” change his employment policies without any notice to me verbally or in writing, I had no idea when and/or if he would ever allow me back to work with or without restrictions on my work activities.

I left Florida on January 12, 2009. Unfortunately, I did not call or see my employer before I sent him the letter concerning relocation. He responded to that letter on January 16, 2009, after knowing I had left the state. In that letter he, then, said he had work for me and he wanted me to come back to Florida as soon as possible.

I applied for unemployment compensation before I left Florida.

My initial application was denied because, evidently my employer told them, I couldn’t work due to an “illness”, which was, obviously, a complete fabrication. As I had learned, my employer would do or say anything he had to say if it would make/save him money and/or “look good” (just a little more background info).

I appealed that determination in March, 2009, and the representative reversed the determination after receiving my documentation and our phone conversation. I received compensation retroactively and from that point in time until June, 2009.

In June 2009, I received a call from a different unemployment representative telling me that I was scheduled for a phone hearing concerning my claim. I spoke with the rep on the phone for several minutes, having no prior knowledge and/or preparation for the substance of the “hearing”.

She determined I left my employment, and the State of Florida, for “personal reasons”, (to relocate). I was honest in my testimony and told her I didn’t have any money to stay in Florida and not be able to work when my employer would not accept any weight restrictions. She said I quit my job to relocate when I sent the letter of January 9, 2009 saying I found it necessary to relocate out of state.

I appealed and had another phone hearing on September 11, 2009.

I made it clear in my written and phone appeal hearing of September 11,2009, that I only had to relocate because my employer would not accept my physical restrictions on my job activities and I could not survive indefinitely without any income.

Under oath, my employer admitted the reason he did not call me back to work was because he had no work for me. The referee’s determination did not mention that fact.

My appeal was “modified, unfavorable to the appellant” because the referee felt I did not make a reasonable attempt to contact my employer before I left the state, even though I may have assumed correctly about not being allowed back to work.

There is also a section concerning inconsistencies in our testimony in which the referee states I was the more credible witness! However, I don’t see how that helps me in my situation, but would like a professional opinion regarding that fact, if possible.

I have been ordered to pay back almost $6,000, which I have spent to pay my bills, fix my car, pay car insurance, etc, and help buy food while I stay with my Mom in Kentucky. I do not have the money to give them back.

I am still receiving medical care for my hand and am not able to find suitable employment as a result of my on the job injuries.

The referee listed Florida Statues 443.101(1), (9), (10), (11); 443.036(29), Florida Statues; Rule 60BB-3.020, Florida Administrative Code in his determination

As far as the Statues listed as germane to his decision I would like to ask your opinion as to the relevance of each, respective, statute’s interpretation by the UAC and/or any court jurisdiction, from your experience or knowledge.

Thanks for any replies and advice.

Sexual Harassment and Poor Management

KStu2007 — Wed, 30 Sep 2009 01:28:01 GMT

My girlfriend has recently been fired from her current employment at a small privately owned retail store. The owner refused to tell her why she has been fired, but my girlfriend believes it is related to the comments made by one of the managers about her conflict with another employee who has been sexually harassing her. My girlfriend told her manger about the issue, but the mangaer failed to resolve it. Is this against any Florida Law reguarding wrongful termination?