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  1. #1
    mothrluv is offline Junior Member
    Join Date
    Apr 2009
    Posts
    1

    Constructive Dismissal in Florida

    What is the name of your state (only U.S. law)? Florida

    Hello - I have been employed F/T by my company for over 15 years. We get paid on the 1st and 16th of each month. For approx. 3 months now, they have not been able to make payroll on time. Checks have been delayed anywhere from 5 to 14 days.

    Now for this most recent payroll, they are offering $500 cash (still 9 days overdue from April 1) to "help us out" until they can make payrolll which may or may not be distributed on the 14th.

    My question is, if I willing leave the company, am I entitled to unemployment compensation and is there any way that my company can refuse to pay those benefits??? Please help...

    Scared and frustrated...

    What is the name of your state (only U.S. law)?
  2. #2
    pattytx is offline Senior Member
    Join Date
    Oct 2004
    Location
    small town, PA
    Posts
    9,442
    Florida has no wage payment laws. However, the federal DOL considers (although it isn't codified) that employees must be paid regularly no less frequently than monthly.

    This may or may not be considered "good cause attributable to the employer" if you quit. The employer doesn't PAY UI benefits. The employer pays taxes and the state pays the benefits if the state deems you eligible. Problem is, you wouldn't know for sure until you actually quit and filed a claim.

    For unpaid wages, you can either file with the federal DOL or a civil suit in the Florida courts.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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