Employer withholding final paycheck in Florida

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Lisa06

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Hello,

I'm not really sure where I stand legally, so I'm looking for some guidance.

I used to work for a law firm in Florida. On November 6 (a Tuesday), I was let go due to financial reasons. The following Friday (November 9) was the regular payday for the pay period October 26 thru November 2. As severance, I was told I was being paid for the week of November 5 - November 9. The next regularly scheduled payday was November 23.

I am also owed for a mileage log and a bonus that was agreed upon between my former employer and myself. The problem here is that all documentation was left at their office. It was a total shock that they were contemplating letting me go. The bonus was a verbal agreement, but their firm coach was also on speaker phone when we were discussing the terms of the agreement (it was his idea).

I have contacted the Wage and Hour Division of the Department of Labor, but have not had a response from them. I am contemplating filing a claim in small claims court, but do not know if I have sufficient evidence to support my claim. The only thing I have is e-mail correspondence of me requesting my check and updates on its status.

Can anyone offer an advice?

Thank you very much in advance!
 
Florida has no state DOL and the US DOL will only support you for Federal minimum wage times hours worked. Your best bet is small claims court.
 
And my best bet is small claims court even though I do not have any evidence? :confused: Thank you for your reply cbg
 
Yes, your best bet is still small claims court. Read my reasons in the original post.

If you're willing to take only Federal minimum wage times hours worked you can go with the US DOL. If you want all that is owed you, you don't have any other choices in Florida except a civil suit.

Your choice.
 
Here is a link in Florida that may help you:

http://www.floridajobs.org/

YOu may want to concider filing a criminal charge against the employer for theft. I'm looking into this in North Dakota, which if this works, they will then provide a lawyer for free (through victims services). My amount is over ten thousand though.

You will need to send a letter to the employer, stating the amount owed. You only have to provide 3 working days for them to pay you in full. If they don't answer, file an action. You will want to avoid small claims court at all cost's, you HAVE to have a jury in these cases, or you will lose.

Send the letter, if no reply, PM me, and I'll see if I can locate someone in FL or look it up myself. Fraud and theft is what I would be looking into.
 
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