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  1. #1
    Join Date
    Jun 2013
    Posts
    3

    Unhappy Salaried Employee is Trying to Extort Overtime Pay

    My question involves criminal law for the state of: Florida

    I am being blackmailed to pay a salaried employee who quit. Their position was that of manager with a weekly salary of $650.00 and managing more than 3 employees which exempts them from OT pay under the Fair Labor Standards Act.
    This x-employee is sending text and emails stating I have until Monday to pay them or they will report me to all federal agencies. He claims I have not paid my payroll taxes for last quarter, which I have, and also feels that I don't pay proper sales tax, which I do. (I do have an employee which I have not documented). And threatens to notify all agencies.
    Do I have a case of Blackmail on my hands? and how do I report this?

    I have copied and pasted his email and put ********* next to the part I feel is Blackmail.
    PLEASE HELP! His mention of framing him for stealing money is FALSE, I never accused him of stealing, only mentioned the cash draw was short 2 days in a row.


    xxxxxxxxx@aol.com
    Jun 14 (1 day ago)


    (My name) I would never begrudge any one for making money, as long as they(you) didn't walk on me to get it. With that said your attempt to ruin my reputation at Palm Isles today was even beneath the evilest of plans. I was planning on resigning today and was saying goodbye to most the friends/clients that I made there.
    You asked me to move to Florida and to work in the cafe as the manager, I left the company I was working for freely to come and work for you. Therefore giving up any right I had to claim unemployment in the State of Connecticut. You told me that you have a contract for 3 years and never mention the political drama of the residents within (Location) wanting you out for various reasons.
    I started on Jan 7, and moved into my apartment on Jan 28. On Feb 3 you told me at table 50 about the situation regarding you being kicked out. You stated "that you feel sorry for all your employees that are going to loose their jobs" including myself. Wow what kind of person has someone they know move down here and sign a lease and then less then a month later tell him he is going to loose his job.
    I also kept track of my hours at home on a calendar and the fist month average more than 50 plus hrs a week. I have now work over 150 over time hours I was never paid and I do believe you owe me for these hours.
    I have a friend (Philip) he works as the manager at the Florida Department of Revenue and I also made copies of the daily sales from last May 2012 thru Last week 2013.
    That and my profit sheet attach will show exactly how much cash came in.
    On top of that you openly pay employees cash under the table to avoid federal taxes, these are serious offensives, and come with penalties and fee and interest.
    I know your not a bad guy so why would you need to try to pull what you did the past 3 days, trying to frame me when I prove today that it was you doing it was even beneath you. My thought is that Terri put you up to this. You two are best friends and everyone in the complex knows exactly how you got onto the lease.
    I told my parents last night you were up to something, and they said check everything when you leaving and coming, me saving the documents of you stealing your own money and then you crabbing my arm and demanding them(the documents) as I was leaving and resigned was all the proof I needed in knowing your scam.
    I am going to meet with the Master Board and explain what happened and how you told me two weeks ago that you didn't pay $8,000 in payroll taxes and that before they release any check to you they better check into that.
    **************I believe you are you own worse enemy and believe me nothing would make me happy then to turn over everything right now to the IRS and The Florida Department of Revenue, along with the **************Palm Beach Labor Board. But I will give you till monday to pay me for 150 of overtime at time and half which is $24.38 a hour based on my salary of $650 weekly at 40 hours.
    **************On top of that you owe me for last week and this week and the first two weeks of July of which you would have paid me.
    As far as (name) and her saying shit about me two days ago while I was chatting with (name) and (name) came to you and said something to you about me spreading rumors. This was exactly same day that $90 was missing from the cash registrar. I lost a lot of respect for her when she just lied like that, and said I was spreading rumors about what? There are already plenty of rumors about you and her and her mother. But I really don't care about all that other stuff I care about what is due to me.

    **************You have till Monday Jim.

    The fact that you actually tried to frame me for you stealing your own money shows your desperation of finding anything on me even if you and (name) have to invent it. And as far as the camera

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Blackmailed for Ot Pay

    Let's just be careful here. What were his duties in addition to managing three employees? While no one working less than $455 per week qualifies as exempt, it does not follow that everyone earning more than $455 per week is exempt. Likewise, managing more than two employees is only one factor in determining exempt status. Salaried is only a pay method and has no legal status of its own. Not all exempt employees are salaried; not all salaried employees as exempt.

    I am not saying you are wrong to consider him exempt. I am saying that the two factors you have mentioned are not enough, just by themselves, to say for certain sure that he was. So before we try to establish what recourse you might have, let's confirm his status absolutely.

  3. #3
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Blackmailed for Ot Pay

    His duties included but not limited to schedules, submitting payroll, hiring, firing, training, managing employees, balancing end of day business report, recording sales, bank deposits, opening and/or closing establishment, ensuring customer satisfaction, handling customer complaints.
    This position falls under "Executive" exemption according to the Fair Labor Standards Act.
    My two questions here are is this x-employee due OT pay, and more importantly am I being "Blackmailed" according to his email?
    Thank you

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Blackmailed for Ot Pay

    Quote Quoting Need2Kno
    View Post
    His duties included but not limited to schedules, submitting payroll, hiring, firing, training, managing employees, balancing end of day business report, recording sales, bank deposits, opening and/or closing establishment, ensuring customer satisfaction, handling customer complaints.
    This position falls under "Executive" exemption according to the Fair Labor Standards Act.
    My two questions here are is this x-employee due OT pay, and more importantly am I being "Blackmailed" according to his email?
    Thank you
    I am not at all sure that it meets the definition of blackmail...but what's more, I am not sure that it would be safe for you to use that email as proof of blackmail even if it did. It sheds too much light on your activities as a business owner. It was probably a mistake to bring in someone from out of state like that as an employee when you knew that you were not going to be able to stay open. You caused some serious resentment doing that.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Blackmailed for Ot Pay

    From what you've posted, I agree that he was most likely exempt and is not due overtime pay.

    If his accusations are false and can be shown as so, nothing is going to come of it. No regulatory agency is going to force you to pay him overtime if it is not due, or pay taxes again when they've already been paid. So while I understand your being annoyed, what is it you're afraid of here?

  6. #6
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Blackmailed for Ot Pay

    The only allegation in his email that holds true is that I did have one undocumented employee, all other allegations are false. It was only rumored that my contract with the facility might be terminated, however that rumor came to surface after this employee was hired. But I did feel the need to inform ALL my employees as to what may happen, giving them all an opportunity to seek other employment. This employee decided to stay on (as did most of the employees) and spent that time befriending customers to gain employment recommendations for whomever may take over the contract to operate the establishment.
    I wasn't formally informed that my contract was being terminated until June 1st, 2013 by certified mail, at which time I informed all the staff that our last day of operation would be June 30, 2013. Again, all staff has decided to stay on until the last day.

    - - - Updated - - -

    It's not a matter of being afraid, it's a matter of having to deal with all the BS of investigations and or audits if he files these complaints. I'm closing my business on June 30, 2013, so in the next two weeks there is a great deal for me to handle in regards to closing up shop, continuing operations in the meantime as usual, as well as covering his duties for the next two weeks.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Blackmailed for Ot Pay

    An undocumented employee, possibly the op stealing from his own business, and a couple other issues aluded to in the letter might be what he is afraid of. Given the brevity of the former employee's stay at the business coupled with the timing of the closure of the business might give rise to a suit for damages based on promissory estoppel as well. While often not sustainable, from what I see, there might be something in this situation.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Salaried Employee is Trying to Extort Overtime Pay

    Apparently rumors of your illegal actions are based on facts.

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