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Question

I did not receive my last pay. I contacted the Florida Labor Board and the law states that employees are to be paid on the pay day. If they go after my pay they will only go after minimum wage. Since my salary was 38,500 that's quite the cut. Should I seek legal action and what type of lawyer do I need?

Submitted: 353 days and 21 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Optional Information

Fort Myers, Florida

Already Tried:
I have contracted the Florida Labor Board for information. I spoke with the adminstrative assistant who was told it was "none of her concern".
I then contacted the director and left and voice mail and e-mail requesting a response, none was given.

Posted by Kate JW 353 days and 21 hours ago.

Answer

Dear Questioner:

Unfortunately, the State of Florida does not have a department to enforce the wage laws that govern your situation. The Labor Board you contacted was not created for this situation which helps explain why they have not been assisting you (though it certainly sounds like they could have been more generally helpful or sympathetic). To obtain legal help, you should try to find an employment attorney in your area. One of the best ways to find one is to contact the Florida State Bar Association referral service. They perform a detailed review of the qualifications of all the attorneys on their referral list, and if one of the attorneys on the list is able to meet with you, the attorney will only charge $25 for the first 1/2 hour consultation. Call 1-800-342-8011 Good luck to you.

353 days and 21 hours ago.

Reply

Do you have any suggestions on actions I can take before taking legal action. Such as contacting her and informing her of the law. I know they are small and in financial trouble and don't want to incure fee's. I am moving out of state and am limited on time.
She took my leaving personal and is conducting herself in an unprofessional manner and I am attempting to avoid conflict and have not pursued it further with her due to this.

Accepted Answer

Dear Questioner:

Although I generally caution people to seek legal advice before acting, from what you describe about the situation, you can certainly try to work it out with the employer yourself. Often that is the quickest and least expensive solution. I would contact the employer and just calmly state the facts and law as you understand them and that you believe you are entitled to your pay as a result. Be careful not to make threats or do or say anything that would put you in a bad light. Hopefully, the employer will remember the good parts of your prior relationship and/or will be concerned about violating the law and will simply pay.

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Expert: Kate JW
Pos. Feedback: 100.0 %
Accepts: 
Answered: 12/5/2008

Employment Lawyer

Ten years legal experience with an employment law focus; represented both companies and individuals

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