does my employer have the right to

UPDATED: Jul 3, 2009

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does my employer have the right to

dock pay when he feels he wants to?curse staff out?not pay for mileage reimbersment?

Asked on July 3, 2009 under Employment Labor Law, Florida


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your question is very complex and there are numerous issues to address. First off employment without any specific agreement to the contrary is at will. This means both parties can choose the end the relationship for almost any reason. With that being said the first thing I would suggest is that you review the terms of your employment contract. Check to see if it speaks to any of the issues presented. If so than you can simply apply those terms. If not my answer speaks to the general and I would advise you consult a local employment lawyer to review further with more specific facts to see if you do in fact have a valid cause of action.

First with regard to mileage reimbursement, without written contracts stating it will be paid in general an employer is not required to pay for such costs.

Second with regard to cursing at the staff, although very unprofessional it is not a crime. However you can speak more specifically with a local attorney to determine if the type of language and what is said violates any other laws such as harassment etc.

As for docking pay this is where the issue arises. Your contract should state when and why pay would be docked. if the employer chooses to do so arbitrarily he may be violating state laws with regard to employment. I don't have the specifics but please review the specifics with a local attorney or even re-post here with some examples. I would say it may very well be a violation and something you should look to pursue. Good luck

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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