Does an employee have a right to see the personnel file?
In Florida, if the employee works in the public sector, state law gives them a right to the contents of their personnel file. In the private sector, however, employee personnel files are considered company property and an employee technically does not have a "right" to their personnel file. However, we normally recommend that, if an employee asks to see their personnel file, someone in human resources should make an appointment with the employee and sit with them so that they can review the contents of their file.

I understand that most employees in Florida are employed "at-will." What does that mean?
With rare exceptions, Florida still follows the "employment-at-will" doctrine. This means that, absent an employment contract (such as a union contract or an employment agreement), a person is employed "at-will" and can be laid-off or fired for a good reason, a bad reason or for no reason. However, Florida does have at least 34 protected classes of persons and a person cannot be terminated, disciplined, laid-off, etc. for one of the reasons that are protected by law, such as: because the employee is pregnant, or a minority or a veteran, etc. We never recommend, however, that an employee be disciplined or fired for "no reason." An employer should have a legitimate business reason for their actions and the employee should be told what those reasons are.

Can an employer compensate an employee by allowing the employee to take "comp time" (compensatory time) off instead of paying overtime?
In the public sector, the answer is yes. For private sector employers, the answer is no. Federal law requires that all persons who work more than 40 hours in a 7-day period are entitled to overtime pay for all hours worked over 40. There are exceptions to this rule. An employer can give "comp-time" but it must be taken during the same 7-day period in order to avoid the payment of overtime.

Is an employer required to give written warnings before firing an employee?
No. (See explanation of the "employment-at-will" doctrine above.) However, we recommend that employers use progressive discipline. Progressive discipline means that an employee receives notice of their unsatisfactory performance (verbal or written warnings) before terminating an employee. This is because there are at least 34 protected classes and if the employee fired is in a protected class, it will be the employer's burden to establish that the employee was terminated for legitimate business reasons and not because of their protected class.

Is daily overtime pay required by Florida law?
No. Florida and federal law only require that employers pay overtime for all hours worked over 40 in a 7-day period. However, many employers pay daily overtime because it is required by union contract or by custom or practice in their industry.

If an employee is fired or leaves without turning in company property, can the employer withhold their last paycheck?
Without a prior written agreement, employer should not withhold all of an employee's last paycheck. Withholding the entire paycheck may constitute a violation of the minimum wage law since employees are entitled to earn minimum wage. Florida has a wage payment law that provides that attorney's fees are paid to an employee who prevails in a lawsuit over wages. I recommend that an employer not withhold an employee's pay without a prior written agreement.

Can an employer intercept and read e-mails by their employees?
Florida employers should establish a written policy on e-mail use by employees. E-mail and internet access are business tools and the employer should put all employees on notice that e-mails and internet usage can and will be periodically monitored and that improper use or use for non-business reasons will be the grounds of disciplinary action.

Is a company required to offer a medical leave of absence to an employee that has medical problems?
An employee's right to a medical leave of absence depends upon the size of the employer. Companies with over 50 employees are covered by the Family Medical Leave Act ("FMLA") that provides up to 12 weeks of time-off (without pay) for certain medical reasons. To qualify for FMLA an employee should have been employed for a year and worked at least 1250 hours in the prior 12 months. There is no law requiring medical leaves for smaller private employers, however, most employers offer medical leaves and it is against the law to discriminate against an employee in a protected class (race, gender, pregnancy, etc.) by not offering a leave of absence when leaves have been offered to other employees. We recommend that employers develop a leave of absence policy so that employees are treated consistently.