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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15242
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I have been working as a banquet set up in my hotel for almost

Resolved Question:

I have been working as a banquet set up in my hotel for almost 11 years . A new general manager just start at the hotel like 3 or 4 weeks ago. He told me yesterday that from now on i going to be on call. So now i dont qualify for paid time off and i not getting any hours .He is giving my hours to a new food and beverage supervisor . After almost 11 years i have any rights.
Submitted: 7 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 7 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

under the law in FL, an employer at anytime can change an employees duties, unless the employee is part of a Union,

wallstreetfighter :

or has a written contract,

wallstreetfighter :

if the actions of the manager are due to your gender, race, age or other protected civil right you may have a discrimination lawsuit,

wallstreetfighter :

absent a discrimination case, or a breach of contract the law in FL is not kind to employees,

wallstreetfighter :

and allows employers to act in an unprofessional way

Customer:

where is the response

Customer:

ok

wallstreetfighter :


under the law in FL, an employer at anytime can change an employees duties, unless the employee is part of a Union,






10:45 PM



or has a written contract,






10:45 PM



if the actions of the manager are due to your gender, race, age or other protected civil right you may have a discrimination lawsuit,






10:45 PM



absent a discrimination case, or a breach of contract the law in FL is not kind to employees,






10:45 PM



and allows employers to act in an unprofessional way



Customer:

so i guess i dont have no choice

wallstreetfighter :

If you feel you have a discrimination case, consider sending a letter threatening legal action,

wallstreetfighter :

and the employer may try to settle with you

wallstreetfighter :

If you hours have been reduced significantly

wallstreetfighter :

you can apply for partial unemployment benefits, and that should cover some of the loss of income,

Customer:

He told if i apply for unemployment benefits he will have to take me out of the system

wallstreetfighter :

at this point you have no other choice,

wallstreetfighter :

you should advise him you will do this, unless your hours are put back,

Customer:

He is giving my hours to a supervisor my paycheck next week will be 24 $ for 2 weeks

wallstreetfighter :

I would apply for unemployment, if you delay you may lose the chance to obtain it if you wait

Customer:

but you think eventually he will give hours so they dont have to pay unemployment benefits

wallstreetfighter :

they may, but at this point you are not getting anything,

wallstreetfighter :

so you have to decide what to do, I would advise him that due to his actions you have no other choice,

Customer:

can he take my tips too and pay me only flat rate per hour

Customer:

i get 7.75 ph and 15 % of the room rental

wallstreetfighter :

tips belong to the employee, and if you never authorized him to do this,

wallstreetfighter :

he cannot do it,

Customer:

ok thanks

wallstreetfighter :

If you have any further questions

wallstreetfighter :

please do not hesitate to ask

wallstreetfighter :

You should consider filing a wage complaint,

Customer:

thanks

wallstreetfighter :

if they are taking your tips,

wallstreetfighter :

you can sue them for back wages if they have been doing this to you without notice,

wallstreetfighter :

Good luck, and if satisfied please provide us with positive feedback, thank you

Customer:

ok thanks i

wallstreetfighter :

Thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15242
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 3 other Employment Law Specialists are ready to help you

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