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  1. #1
    Join Date
    Sep 2019
    Posts
    1

    Default Guilty Misd Theft in Criminal, Suing in Civil for Overtime Determination Per Flsa

    My question involves labor and employment law for the state of: Florida

    Accountant/Bookkeeper
    Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime.* The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me arrested for grand theft (>$300) stating I knowingly and unlawfully obtained the funds by use of the computer using the payroll software program.* I plead to misdemeanor petit theft per the judgment.* I also paid the money back in full to escrow before the plea deal. The Florida statute listed on the State charge case letter sent to me is Chapter 812.014(2)(c)(1).

    I have now filed a small claims suit against this employer claiming I was miss-classified as a salaried exempt employee and should have been classified as a salaried non-exempt.

    I have been recently told that because I plead guilty in the criminal case of theft that it will override the civil claim and I will lose and possibly have to pay my employer's legal fees.* I have also been told after the criminal judgment that small claims court is an option.

    I'm confused.* I understand the two are related but the criminal case is about theft and the civil case is about the FLSA Regulations, 29 C.F.R. Part 541.* By pleading guilty to the theft am I also agreeing to an exempt status per the FLSA?* That doesn't make sense to me since the charge per the Florida Statutes is grand theft, 3rd degree (greater than $750 less than $5,000) and I'm suing for an FLSA determination.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Guilty Misd Theft in Criminal, Suing in Civil for Overtime Determination Per Flsa

    I've already answered this twice but to sum up: you are wasting your time in small claims because that is not the proper venue for a determination of exempt status. You can read the full answer elsewhere.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,253

    Default Re: Guilty Misd Theft in Criminal, Suing in Civil for Overtime Determination Per Flsa

    "I was told" is a dangerous thing unless the person doing the telling was an attorney that you were in a client relationship with.

    I've not seen your other posts, but wage matters are not. You don't get to argue exempt or non-exempt in small claims. If you were indeed non-exempt and worked hours/overtime you weren't compensated for properly, you can file a wage complaint with federal or Florida DOL.

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