Category Archives: Advice & Counseling

‘What was your most unusual sex act?’ Cincy police, fire recruits asked about sex

reprinted: , Cincinnati Enquirer Published 12:01 p.m. ET Sept. 13, 2018 | Updated 3:53 p.m. ET Sept. 13, 2018

Cincinnati police and firefighter recruits are asked to describe their “most unusual sex act” in a questionnaire that can later become accessible to the public.

The questions are part of the Fire and Police departments’ pre-employment process. They raise concerns for some that new recruits are being asked to divulge private, probing details about their sexual history.

“This certainly raises eyebrows,” said Mary Turocy, director of public affairs for the Ohio Civil Rights Commission. Continue reading

Employment Discrimination Claims: How to Protect Your Business

Employment discrimination claims have the potential to permanently damage the reputation of a business. These claims are expensive to fight, and may bring unwanted publicity to the business. Although it is impossible to completely eliminate the risk of having an employee file a discrimination claim, there are steps you can take to reduce the risk of employment discrimination claims in Palm Beach, Florida. Continue reading

Parting of Ways Documentation

The Parting of the Ways: Documentation

No matter how carefully an employer screens employees during the hiring process, and no matter how well they train and treat their employees, the time may eventually come when they have to terminate an employee.  This process is never an easy one; it often involves emotional responses, especially when the employee is well-liked on a personal level.

Termination of employment can become even worse, however, if it is not handled properly, leaving the employer open to litigation for wrongful termination.  Wrongful termination is defined as any employment termination that violates an employee’s rights: Continue reading

Employee Handbook Basics

Every employer in the State of Florida is advised to have a set of written policies and procedures collected in what’s commonly called an “Employee Handbook” that is distributed to new hires.  While some very small businesses (with fewer than two or three employees) may feel safe going without this formality, the fact is when you hire an employee, you open yourself to liability, and having written policies can help defend you against claims.

The question of what should be contained in your employee handbook is best directed to a qualified employment law attorney in Florida, who can help analyze your specific business culture, but there are some basics that should always be included. Continue reading

Start Defending Against Wage & Hour Lawsuits before They’re Filed

If you own a business that employs people, chances are you will someday be hit with a wage and hour claim by an employee or former employee.  It’s not necessarily because people are mean-spirited or greedy – it’s simply very easy for an employee, especially one whose relationship with their job has soured, to convince themselves that they’ve been wronged.  After all, many employees have a “David and Goliath” attitude towards their employers – you have all the money and power, and they have none.

Defending against these claims is more complicated than other legal problems.  In fact, the best way to defend against such wage and hour claims is to start defending against them before they even begin. Continue reading

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

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