Fired without pay what do I do (employment, extensions, apply)

[dman_singledad]

have a employment question,

I was hired by a company that sub me to another company and that company sub me out to a government agency.
I was interviewed by company two day before thanks giving, and by company one day after thanks giving, started on the following Monday.

The first company after hiring me said today that they had to let me go, saying it is not working out, and no other reason. I understand in Florida they can do that under right to to work state, but now what.

Here is where the question the person that done my job be for me was hired by the Government. and we kind of worked together talked over a few weeks and he asked me about weather I was getting paid yet as they was still paying him even after he was in his new job (he also earned more then they was paying me). After I told him I was not yet paid (week 4 and the company one pay schedule was every other week) it got around I was not being paid. Company one never even had me fill out a W-4 for me so until week 5 they did not even have my SS# in week 5 they got my SS# over the phone.

Today they let me go and still no money and they said the check is in the mail. The only thing they said about me is you will be paid.

What do I do? unemployment to file or not file (I was unemployed for over a year from Illinois (but less then 99 week) when I got this job). I am in real need what to do and what to say, i did not want to get anyone in trouble but now I need to contact food stamps unemployment or something I have 2 kids to support

Thank you single dad

[mistygrl092]

Call the Dept of Labor in Florida and tell them all this and ask them what can be done.

[TracySam]

"I understand in Florida they can do that under right to to work state"


You mean an "Employment at Will" state, not a "Right to Work" state. Right to Work refers to being able to get a job without being forced to join a union. Employment at Will means you can quit at any time and can be terminated for any reason not prohibited by law.

49 of 50 states are Employment at Will states, and the 50th is mostly Employment at Will, but with some limitations.

Regarding the unpaid wages,
I learned on another Board I visit that Florida does not lave a state Department of Labor and no wage & hour laws of its own, so I think you need to go to the federal level. The FSLA is the federal law, and it's all Forida has to follow. Do a search on "wage claims Florida" to see where/how you file a claim for unpaid wages since they have no DOL. You may need to call the federal DOL.

Here is contact info for the federal DOL:
http://www.dol.gov/dol/contact/contact-phonecallcenter.htm (broken link)




Why haven't you applied to unemployment? The worst that can happen is you are turned down, but then you appeal. Why bother asking us strangers if you should apply for unemployment?

[dman_singledad]

thank you for the answer and correction this just happened today and I did not know if i could (or how) being as I have never even filled out any paperwork and all I have to prove I worked there are a few e-mails.

I have found that in Florida you can apply online. I am still learning.

[Ariadne22]

Originally Posted by dman_singledad

thank you for the answer and correction this just happened today and I did not know if i could (or how) being as I have never even filled out any paperwork and all I have to prove I worked there are a few e-mails.

I have found that in Florida you can apply online. I am still learning.

You also posted on Unemployment forum. Here is my partial response:

Six weeks' earnings (per your post on the other forum), even if paid, would not qualify you for unemployment benefits in FL. This from the FL DOL site:

In general, for Florida unemployment eligibility, you need to have worked for at least two full quarters of that time.

Florida Unemployment Eligibility GL

You do have a case for small claims court on the unpaid wages, however. Visit Legal Aid in Florida and talk to an atty about filing a suit in small claims court for back wages as well as contacting DOL. Working and not getting paid is a violation of labor laws. It does sound from your post here, however, that you will get your money eventually.

Go back to the other forum for the other info on your unemployment benefits in Illinois. You should not have lost them because you moved to Florida. Illinois has a history of terminating people after one year even though they are eligible for federal extensions. You might be able to get those benefits restored, but it will take some effort.

[dman_singledad]

"Ariadne22" Thank you so much, Yes I knew 6 week was not enough but I did not know if that would have pushed the buttons to get my money or set off legal issues for them and thank you for the info on ILL your right on Illinois every one I talk to has issues with them.

I felt a little bewildered on what to do, I know they broke the law but not to much I can do about it.
even on the last day they said they promise to pay me "the check is in the mail" I don't think I trust them.

I am guessing tomorrow will be busy looking for work, finding FL Legal Aid,contacting ILL again, and anything anyone else can thing of. I know this will be the last ma and pa company that I know to work for Found on craigslist

[dman_singledad]

One last question, ok may be 2

If the company does not pay or pays on a personal (non W2) then I need to try to open my Ill UI claim correct? but if they do end up paying me (weather on their own or by small claims) on a W2 then am I able to even try to reopen in ILL or not

Again Thanks
single dad of 2