Monthly Archives: November 2014

Employers: Avoiding Sexual Harassment Lawsuits Begins with Training

Almost no employer opens their office or shop with the intention of harassing its employees in any way.  Most wish nothing but the best for their employees and work diligently to improve conditions, opportunities, and compensation so their employees are happy in their work and eager to go the extra mile.

As a result, many employers are surprised when they find themselves facing a sexual harassment lawsuit.  Luckily, it is relatively easy to avoid such scenarios. Continue reading

Educating Managers about Employee Discrimination

It’s an unfortunate fact of life that while most employers mean well when it comes to their employees, they are not always educated or informed when it comes to the laws that exist to protect employees against discrimination.  It is therefore necessary for employees to educate themselves so they can protect themselves and inform their employers of the applicable laws.

Here’s what every employee should work to ensure their employer knows. Continue reading

The Employment Laws Every Employer Must Know

The story of labor in general is one of increasing rights and protections, and the modern business climate sees employees enjoying the best conditions in history.  As an employer, it is incumbent upon you to be familiar with the Florida and federal laws that protect employees so you don’t run afoul of them by accident.  Here are the laws every Florida employer needs to know. Continue reading

What to Do When the EEOC Comes Knocking

The Equal Employment Opportunity Commission is something most employers don’t think about – or, sometimes, even realize exists – until the day they are contacted about a complaint.  As a result, employers make several common mistakes regarding an EEOC investigation in Florida and across the country that can worsen their situation or even guarantee they are dragged into court with a bad outcome.  As with other aspects of business, there are some key steps that an employer can take to mitigate the damage and limit the trouble an EEOC investigation causes. Continue reading

Employer’s Rights in a Wrongful Termination Case

It’s never easy to part ways with an employee, but the situation can become more complex when the employee attempts to pursue a wrongful termination case.  In the vast majority of Florida employment situations, employers and employees have an “at will” relationship.  This gives the employer the right to alter the conditions and term of the employment at any time, without notice, and for any reason.

There are certain situations in which the “at will” arrangement does not apply, but they are rare.  A union collective bargaining agreement, an employment contract that outlines other protections and rights, and civil serve regulations that govern the work of public employees are all examples of situations where the employee does not serve at the will of the employer. Continue reading

Next Steps for an Employer Accused of Sexual Harassment

Being accused of sexual harassment in the workplace should never be taken lightly; even the presence of a case itself can harm your reputation.  If an employee alleges that you have engaged in sexually harassing behavior, your next steps are crucial for a possible legal case but also for your own peace of mind.

If you have been accused, do not joke about the matter.  An employee must be able to demonstrate four things in order for a sexual harassment case in Ft. Lauderdale to be successful: that the employee was subjected to conduct that was sexual in nature, that the conduct was not welcomed by that employee, that the conduct persisted in a pervasive or severe manner, and that the continued sexual harassment altered employment conditions to create a discriminatory abusive working environment. Continue reading

How to Handle Being Accused of Workplace Discrimination

The term workplace discrimination might seem a bit broad, and that’s because the legal cases that fall into this category are known for being complex.  If you have been accused of discriminating against someone in the workplace, you need to protect your interests by hiring a Florida workplace discrimination attorney.

Being accused of workplace discrimination is a serious matter.  The Florida laws about workplace discrimination are quite clear, and if your employee or former employer has exaggerated their claims, you need to protect your rights in court.  Cases where an employee alleges discrimination as a result of work ethic or personality, for example, do not meet the legal guidelines for a workplace discrimination suit. Continue reading

How to Handle a Breach of Contract in Florida

As a businessperson or owner in Florida, it’s likely that you have worked directly or indirectly with contracts.  A contract refers to an agreement between at least two parties that is enforceable under the law.  If one party does not meet the terms of the contract, he or she could be accused of breach of contract.

There are several stipulations in order for you to pursue a Florida breach of contract case.  There must be a contract that was entered into by both parties, and it’s always better when this contract is in writing.  There must be evidence of that contract being breached and there must always be damages that the second party incurred as a result of the other party’s breach of the contract.  It’s important to distinguish that the damages must be a direct result of the other party breaking the contract. Continue reading