Help! I could use some advice from an Attorney in FL

[sweetladybug]

or some help on what to do. I needed extra money so I went to work at a Marketing Company. I only worked a few days because I noticed some illegal stuff going on. I can't prove what I saw, so I told them I quit because it was to far for me to drive. Anyway I picked up my check last Friday and since I clocked in on the past Tuesday and forgot to clock out I wasn't paid for 7 hrs that I worked. I confronted my boss and he said he knew I worked but since I forgot to clock out that it was my fault and I would not be paid for working. My niece and I rode together and she clocked in and out on that Tuesday so I have her as proof that I worked 7 hrs(by the way, we both quit the same day) I contracted the wage/hour Dept here in FL and they said they would contract the employer and try and help me get my money. Also contracted N.E. FL Legal Services and they said I would have to take the Employer to court in small claims court. If I win the case I would only get my pay and court filing fees back. Hell I don't even have the extra money to pay a $ 60.00 filing fee. Since the employer only paid me $5.15 per hr, I don't know what the hell to do. This really pisses me off, this company KNOWS the aggravation and cost to me to take them to court and I am having to pay the price. I feel like I have been used and taken advantage of because I don't have the money to take them to court. Any ideas on what I can do? Is it legal in the state of Fl to protest in front of a business on the sidewalk with signs saying I worked and they didn't pay me?
CAN SOMEONE GIVE ME SOME ADVICE. ANY ADVICE WOULD BE VERY MUCH APPRECIATED.
Gayle

[jiacinto]

1. It may not be worth the effort for $35

nt

[grasswire]

2. don't waste any more energy on this

Use your energy to look ahead, instead. It would cost you more to fight than to just let it go. Yes, it's unfair, but your time is too valuable to use on this. Spend that time looking for another job.

[nothingshocksmeanymore]

3. I have no idea about Florida laws

It would not be this difficult to prove your case in California...do they NOT have a labor board? If they do, contact the state labor board (usually located in the state bldg)

I noticed you contacted the "wage/hour" dept...wait until you hear from them.

Look up what Fla's labor code has to say about wages.

Frankly if it were me, I'd threaten to report the illegal activities you witnessed if he didn't pay me but that's just me.

[Clete]

4. Me too. I would threaten to report them, but I would do it

over the phone if they refused to pay me.

[dsc]

5. Then you would be committing a crime

called blackmail. I can't believe you seriously mean this as advice.

[Clete]

6. It's not blackmail.

I think people should speak up when there is wrongdoing in the workplace. If she wants some leverage to get paid, why not? Then her niece can report them.

[dsc]

7. Yes it is

If she just up and reported it then it isn't. But if she threatens to in order to get them to do what she wants, even if she is entitled to having that done, it is blackmail.

[Clete]

9. I don't know what kind of 'screw the employee' laws

Florida has, but in California we do have the State Labor Board. I would go directly to them and tell them what is going on and file a complaint that I didn't get paid. In California, they would have to pay her regardless of whether she signed a time card or not, if she had a witness that she was in fact at work that day. The fact that she signed in shows she was there so they really don't have a leg to stand on.

There is nothing wrong with her stating that if she doesn't get paid that she is going to have to file a complaint with the Labor Board, which means that she will have to tell them "everything". This is not blackmail it is a fact that they will want to know why she quit. If they pay her, then she will have no reason to contact the Labor Board, however, I think she should report it to any agency that licenses this company. They would be more than interested in California.

[dsc]

10. To site one example

The Cosby blackmail case. There you had a woman who threatened to go public with a love child if Cosby didn't settle. Regardless of the truth or lack thereof to the story it was still blackmail (even though a true child would be entitled to the money). This is similar. She can say I will file a complaint if you don't pay me. She can not say if you don't pay me I will turn you in for this or that illegal activity. It is a fine line to be sure but cross it and your butt is in a sling.

[DoNotRefill]

12. Why can't she say....

that she'll file a suit, and that the illegal activity will come out in court?

[DoNotRefill]

11. Why would it be blackmail?

She's entitled to the money. Reporting to the authorities is also her right, just as is filing a suit. She's not trying to unjustly enrich herself, she just wants what she's due. The statute requires malicious intent, an element that's lacking here.

BTW, I'm not a Florida Atty...I just looked up the statute.

[KaraokeKarlton]

8. You should be able to file for a waiver of the filing fee

I am pretty sure that every state will waive the filing fee for those who can't afford to pay it. I had to use the waiver when I filed for divorce because I had no money. Call the court clerk and ask if they have this kind of waiver and then go file the paperwork. You can represent yourself in court easy enough. You have your relative as a witness that you were there and worked, so you should be able to win no problem. You can probably also get damages for any phone calls, travelling expenses and what not that you've incurred trying to get what is rightfully yours. Hope this info helps.

[DoNotRefill]

13. Nope...

Marriage and divorce is an exception, because it's a fundamental right. The Supreme court said that the State had to hear those cases even if they couldn't afford associated costs. That was severely limited in later cases that involved things that are not a fundamental right, like for bankruptcy.

[KaraokeKarlton]

14. I got one for a problem with an asshole landlord, too

I'd be pretty surprised if she can't get one. Every American is supposed to have access to the legal system. I'm almost positive you can ask for a waiver for any kind of case anywhere in the country. I'll go look it up and post what I find.

[AP]

15. If you file a claim, they'll probably just pay you. Some states

REQUIRE corporations to be represented by attorneys in court (don't know about Fla.), so, there's no way they're going to hire a lawyer to save $35. Have Legal Services send them a letter saying you'll file a claim if you don't receive your money with 7 days of receipt, yada yada yada.

I'd be surprised if they didn't pay up.

[KaraokeKarlton]

16. You need to ask the clerk for a "waiver of fees" for filing

And if you honestly can't afford to pay, you should qualify for the waiver. Here is a link that states this...it is from the Florida Bar, so it applies to you.

http://www.flabar.org/tfbtemplates.nsf/newwebsite?openframeset&frame=content&src=/tfb/TFBConsum.nsf/0/deea52f8e1c731a185256b2f006c5fc3%3FOpenDocument

[sweetladybug]

17. Thanks to everyone for your advice

It's really not so much the $35.00 this company screwed me out of, I'll survive without it, it's the principle of them doing this to their employees, makes me wonder what they do to their customers. I hope the wage/hours Dept here in Fl can help me, if not I quess I won't be out the expense of filing fees or going to court (it's unbelievable that an employee is allowed to be screwed by their employer here in FL(but then again we have to remember I'll dealing with the laws in the state of FL. BUT I WOULD APPRECIATE ANY INFORMATION OF RATHER IT IS LEGAL HERE IN FL TO PROTEST ON THE SIDEWALK IN FRONT OF THEIR BUSINESS WITH SIGNS SAYING THAT I WORKED FOR THEN AND THEY DID NOT PAY ME. I WILL DO THIS IF IT IS LEGAL AND LET OTHER'S KNOW HOW I WAS TREATED BY THIS COMPANY.

[Isome]

18. Who cares how much it is...

Don't let anyone make you feel sheepish about standing up for priniciple. It's the right thing to do. Companies run by people like that count on working men & women to cower in defeat when treated poorly. You show 'em that you won't.

The last two posts were great advice! I'd contact legal aid first, before deciding to stage a one-woman protest. If I'm not mistaken, check the phone book under attorneys or legal. There should be a toll-free number to call for free legal advice.

It may be as simple as them seeing that they'll have to pay attorney's fees to respond to you in court, or the embarassment of being outed as unethical assholes, that will make them pay up.

[radwriter0555]

20. But WHY? Your life and your time is worth a LOT more than devoting

any further energy to these scumbags.

Food is a wee bit more important than revenge.

MOVE ON.

[radwriter0555]

19. totally not worth it for such a pittance. Move on. lessons learned...

all that stuff. Next time you'll cover your butt better..

Good luck!

[Catherine Vincent]

21. I agree with the others, don't waste your time in small claims court.

But what you should do is one day when you don't have anything to do, get yourself one of those signs that you wear or even a poster and write on there that the company will not pay you for your hours. Wear the sign in front of their place of business, you never know...they may come running out paying you in cash (maybe even something a little extra).

Good luck!