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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 2957
Experience:  associate attorney
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Two careers Physical therapy full time and podiatrist from

Customer Question

Two careers Physical therapy full time and podiatrist from 4-8 pm, the full time job declined to change my hours to earlier or change to 32 hours as a full time, and he said to stay or go to per Diem status. I have 47 hours of PTO which he said to cash out and I want to take the time off. How should I write him back legally?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Christopher B, Esq. replied 7 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com.

Do you have an employment contract? Are you part of a union? Has the company provided and adopted any policies and procedures that deal with time off or change in hours? If so, what do they provide?

Expert:  Christopher B, Esq. replied 7 months ago.

Also is he refusing to give you the time off and telling you to cash it out? Am I understanding that correctly?

Customer: replied 7 months ago.
He just told me in a stern way to cash it out.
Customer: replied 7 months ago.
They have given options of changing hours to other employees. For example the manager at a different location work 4 days 10 hour shifts.
Customer: replied 7 months ago.
His email todayFrom: Barnum, Geoff GB
Sent: Thursday, September 22, 2016 2:46 PM
To: ***** ***** K
Cc: Harris, Tiffany
Subject: PRN at Concentra
Sophia,
I just wanted to follow up on our conversation earlier with an email outlining our discussion.
· Doral sees 20-25% of their pateints from 3-6 PM
· Emelda would have to see all of the PT volume during those hours and close everyday.
· We are unable to open the PT clinic prior to the medical facility opening.
· You have no flexibility with the start time of your new podiatry role with an outside provider and would not be able to perform any services after 3 PM.
· We are unable to accommodate 32 hours per week due to clinic volume.
We left the conversation agreeing to move you from a full time role to PRN to be able to accommodate your needs. This can be effective immediately with your response to this email.
Thanks,
Geoff Barnum PT, DPT, MTC, OCS
Director of Therapy Operations - NC, SC, FL, Richmond, VA
Concentra(###) ###-####(m)(###) ###-####(fax)*****Charlotte, NC 28208
Concentra.com
Customer: replied 7 months ago.
this is what I want to respond : is this ok?
Hello Mr. Barnum,
I am in receipt of your email about changing from a full time position to a per diem physical therapist position for Concentra Urgent Care . I am in agreement to change from full time to per diem status until a full time podiatry position at Concentra develops. Due to the loss of benefits, upon our phone conversation my compensation will change to fifty dollars hourly.We also discussed to cash out my PTO which accrued to 47 hours thus far in this upcoming pay period. (Sept. 2016)Thank you in advance ,
Sophia Masri , PT
Customer: replied 7 months ago.
Is this ok to respond?
Hello Mr. Barnum,
I am in receipt of your email about changing from a full time position to a per diem physical therapist position for Concentra Urgent Care . I am in agreement to change from full time to per diem status until a full time podiatry position at Concentra develops. Due to the loss of benefits, upon our phone conversation my compensation will change to fifty dollars hourly.We also discussed to cash out my PTO which accrued to 47 hours thus far in this upcoming pay period. (Sept. 2016)Thank you in advance ,
Sophia Masri , PT
Expert:  Christopher B, Esq. replied 7 months ago.

Florida has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. Florida’s Legislature and its courts are silent regarding any obligation an employer may have regarding vacation leave. Due to the silence of Florida authorities on the matter of vacation leave, it is likely employers are free to establish the vacation leave policy of their choosing. An employer would be required to comply with the terms of a valid employment contract containing vacation leave provisions. This does not mean you do not have rights in this matter.

If an employer “promises” vacation, they may be legally bound to provide it—and that a binding promise does not require embodiment in a formal employment contract. Florida courts have ruled that, under some circumstances, an employer's assurance of paid vacation time, whether made in an employee handbook, given orally, or simply understood as policy through consistent practice, may constitute an implied contract that is binding and enforceable.

As for the changes in hours, an employer has no obligation to facilitate a change for you. Florida is an at-will employment state and thus an employer may terminate an employee for an reason good or bad. This goes the same for allowing changes in an employees status whether it be full time, part time or otherwise. So you have no basis legally for enforcing any type of change in hours on your employer. The vacation time though is an issue that you should be able to take the time as promised and provided according to the Florida courts.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link on how to under rating an answer: http://ww2.justanswer.com/help/topics/142

Expert:  Christopher B, Esq. replied 7 months ago.

Your response is fine, you do not have to cash your PTO if you want the time off but unless the employer allows it in a contract or policies and procedures, the employer does not have to allow the PTO to be cashed out and could require that the vacation time by taken. Just FYI.

Expert:  Christopher B, Esq. replied 7 months ago.

Was that the answer you were looking for? Please give me some feedback if not as I want to satisfy my customers. If you are satisfied, please rate my answer as this is the only way I will be compensated for my time by the site. See "rate an answer" on the following link for how to do so: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Thank you in advance.

Expert:  Christopher B, Esq. replied 7 months ago.

Just checking back in, do you have any further questions?

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