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Hello, My name is XXXXX XXXXX I have worked as a hairdresser

 
LawTalk's Avatar
  • Answered by:LawTalk
  • Attorney
  • Positive Feedback: 99.2 %
  • Accepted Answers: 7046
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Customer Question

Hello, My name is XXXXX XXXXX X have worked as a hairdresser for the same person for the last five year , I recieve 55 % commission, I do not get an hourly pay, I am allowed to have 10 sick days off a year and 7 personal days . I work Tue. thru Sat. Hrs are 9 am tue,wed,Fri and Sat. till 4 30, 5 pm . On thurs my time for the summer is 9 am till 1pm . Well I had schedule my vacation a month in advance takin Tue and Wed. off. When I looked at my book she schedule me to work all day thursday, I already made plans to take my rental car back after 1 pm and had get ready for my Fri and Sat . When I ask her why all she told me too bad sorry about your bad luck . Is it legal to change my schedule without consulting me first . I still have ten more days of time off coming to me . How do I approach this ? Thanks for any advice .                          Patricia XXXXXXXXXXXX@XXXXXX.XXX

 

Optional Information:
State/Country of Question: Florida

Already Tried:
I have tried to talk to my boss, and all I can get from her for an answer is I don' t care . Because of her action I have rearrange my car rental, Have to pay for a personal house keeper Or some one that can take care of the stuff I can not do because she decided to change her mine.

Submitted: 1028 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  LawTalk replied 1028 days and 7 hours ago.

Good afternoon,

I'm sorry to hear of your dilemma.

Does your employer give you a 1099 form each year or does she take out taxed and pay for workers compensation for you?

Doug

Customer replied 1028 days and 6 hours ago.

She takes out taxes out .

Accepted Answer

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Expert:  LawTalk replied 1028 days and 6 hours ago.

Good evening Patricia,

Unless you have a written contract of employment with your employer, you are considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, as well as the typical office politics which can be so troublesome.

In Floride, employees are presumed to be "at will." At-will employees may be terminated for any reason, they can have their hours set by the employer, they can have their pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color Religion, National Origin, Gender or Disability.


I'm very sorry but it appears that you have no legal redress for the unfair treatment by your boss. You obviously have the right to find new employment with a more reasonable boss.


I wish you well in your future.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that
I can receive credit for having assisted you


Best regards,

Doug

Expert TypeAttorney
Pos. Feedback: 99.2 %
Accepts: 7046
Answered: 7/28/2009

Experience: I am a practicing attorney with more than 27 years of experience in the legal field.

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