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Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3908
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Ive worked for a company for almost 5 yrs and out of nowhere

Customer Question

Ive worked for a company for almost 5 yrs and out of nowhere they want to demote me ? their excuse it that they are changing the hour of the office. Can they do this ? is there something i can do about this ? I should also include i have perfect attedence and NEVER had a write up of any kind my whole 5yrs there !
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
Hi,

Thank you for using Just Answer. Before I answer your question, I need some more information.

1. Do you have a written employment contract with your company?

2. What kind of work do you do?

3. Is it possible that the demotion was motivated by racism or other prejudice?

4. Are you the only person who is affected by this change or are other employees affected as well?

I look forward to hearing back from you.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3908
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 3 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
HEY Zach,



  • No i do not have a contract,

  • Im a Coordinator for a company that partners with 9 airlines and hotels in Orlando fl Disney and rosen hotels are just a couple.

  • I dont believe there is any racism involved.

  • Yes there is another young lady that is also being demoted.


Expert:  Zachary replied 2 years ago.
Thanks for replying. Unfortunately, this sort of action by an employer is legal in Florida. Florida is an "at will employment" state, which means that unless there is an employment contract governing the relationship, the employer may change the terms of employment at its discretion without any consideration for the employee. Unless you can pinpoint some action by the employer which is illegal, such as basing the employment decision based on race, religion, national origin, or gender; or if the employer is violating the state wage and hour laws (by not paying you over time or by not giving you your required breaks), then there is no legal recourse for you. Wage laws require that you are paid a minimum wage and that you are paid for the time you work. However, they do not guarantee a set amount of hours or full time employment.

Accordingly and unfortunately, your employer may reduce the number of hours you can work at their discretion. Please let me know if you need further clarification.

-ZDN
Customer: replied 2 years ago.
Okay i fully understand ..... srry but i kno have another question I would go some days sometimes with no breaks i work a 10hr shift with no one to replace me on many occasions. would that classifed under state wage laws ?
Expert:  Zachary replied 2 years ago.
It depends. If you are over the age of 18, then no. Florida does not have any laws requiring an employer to provide a meal period or breaks to
employees 18 years of age or older, thus the federal rule applies. The federal rule does
not require an employer to provide either a meal (lunch) period or breaks. However, if an
employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must
be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so
long as the employee is free to do as they wish during the meal or lunch period.

That being said, you are entitled to be paid for the entire time you worked. Your employer cannot state that you have to take breaks, not pay you for those breaks, and then not let you actually take the breaks. If that occurred in your case, then you have a claim against your employer.

Please let me know if you need any further information.
-ZDN
Customer: replied 2 years ago.
Hey Zachary ,
Srry I bck with another question .. Would u happen to know if I can request a copy of my file? Do i have a right to it ? If so who do I ask hr or man ament ?
Thanx for all your help :)

R
Expert:  Zachary replied 2 years ago.
Hey,

No worries. An employer does not have to provide a copy of a an employee's file unless there is litigation ongoing. You can request it, and they have the option of allowing you to see it, but you can't force them to see it without a subpeona or court discovery going on.

-ZDN

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