Reasons To Think Twice Before Suing Your Boss "You'll never work in this town again!" It's a line straight out of a movie, but it does play out in real life sometimes. Filing a lawsuit against your employer may feel like standing up for what's right, but the ripple effects can get messy. Legal battles take time, money, and energy. And if you're not careful, your career could take a hit you didn’t see coming. Before you march into court, take a step back and consider what you’re really up against. Can An Employer Blacklist You? Technically, there’s no official “blacklist” floating around Florida HR departments. But that doesn’t mean it’s all good. Employers can share your work history with future employers; and if you’ve filed a lawsuit, complained to OSHA, or reported harassment, that…Read More
Is your protective gear actually keeping you safe? As a blue collar worker, you’re exposed to unique hazards. Using the right personal protective equipment (PPE) isn't just about compliance; it's essential for keeping staff injury-free. Let's dive deeper into what gear you absolutely need, why it's crucial, and how you can ensure it meets safety standards. What Does OSHA Say About PPE? OSHA emphasizes that employers must PPE whenever hazards can't be completely removed through other controls, such as engineering or administrative solutions. Simply put, your boss is legally obligated to supply the necessary gear that safeguards you from injuries and occupational illnesses. If your employer tries to save costs by offering inferior gear or neglecting proper training, they're not only violating OSHA regulations but putting your health and safety at significant risk. PPE Duties…Read More
Is It Normal To Feel Back Pain After Construction Work? It started off light but now, it feels like a steamroller wouldn't be enough to crack your back. Carrying heavy loads and spending hours on your feet can quickly make aches and pains routine. Occasional soreness might seem normal, but ongoing or worsening pain isn't something you should ever ignore. Here’s the lowdown on your low back pain. Common Causes Of Back Pain In Construction Work Improper form: Bending awkwardly, twisting your torso, or using your back instead of your legs when lifting heavy materials can pull muscles or strain your spine, causing lasting pain even after you clock out. Equipment defects: Working in unnatural positions with faulty tools or machinery means your body compensates by twisting or bending incorrectly, putting extra pressure on your…Read More
Can A Florida Employer Refuse To Hire Me Because I’m Pregnant? Employers in Florida and across the U.S., for that matter are prohibited from discriminating against someone because of pregnancy. However, this doesn’t mean employers are required to give pregnant applicants special treatment either. In some rare cases, an employer might make a legitimate business decision not to hire a pregnant applicant without it being discriminatory. That said, most employers would be wise to proceed with caution. Even if the intent isn’t discriminatory, refusing to hire someone who is pregnant can easily lead to the appearance or allegation of discrimination. Pregnancy should not be a factor in hiring decisions unless there's a clear, legally justifiable reason one unrelated to the pregnancy itself. Is It Legal For My Employer To Cut My Hours Or Demote Me…Read More
In this article, you can discover… Whether Florida’s whistleblower laws protect employees at all levels of the company. Whether whistleblower protections can be waived by signing an NDA. The types of awards or damages a whistleblower case could lead to. Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws. Does Florida’s Whistleblower Law Protect All Employees Equally, Regardless Of Their Position In The Company? Within whistleblower law, there is something called the “Manager’s Rule”. Some courts have determined that people in a position wherein they are meant to assure compliance with rules and regulations cannot themselves be the beneficiary of whistleblower protection if assuring such compliance is a function of their job. However, in the state of Florida, that rule seems to be receding. Upcoming cases may set new…Read More
Returning To Work After Discrimination Returning to work after calling out bosses, colleagues, or managers for discrimination can be daunting. You may fear their reactions, judgment, or even retaliation. But it doesn’t have to be this way. In my experience, most cases of proven workplace discrimination lead to settlement terms that include a release and resignation. While the law allows for remedies like reinstatement to your position, along with compensation for damages, courts won’t force you to return if it’s deemed unreasonable under the circumstances. More often than not, the outcome is a mutual agreement to part ways, ending the employment relationship. While this may feel unfortunate, it’s often a more realistic and healthier resolution. I’m always upfront with my clients about this likelihood. Settlements commonly include severing the ongoing relationship, but at least that…Read More
The Best Time To Consult An Employment Attorney About Workplace Discrimination Is Probably Right Now If you feel you’re experiencing workplace discrimination, it’s never too soon to consult an attorney. Seeking advice early can make all the difference, ensuring you’re guided in the right direction before it’s too late to take meaningful action. Employment discrimination cases often involve counterintuitive decisions about what should or shouldn’t be done. By calling my office, you can get a complimentary consultation to discuss your situation. Even if you choose not to move forward with my representation, I’m more than happy to share tips and guidance to help you protect yourself in the long run. In many cases, the people I meet with take the tips I give them and successfully address the problem themselves, which is always a great…Read More
Why Is It Important To Document Workplace Discrimination Before Filing A Report With The Florida Commission On Human Relations? Before taking legal action or filing with a state agency, it's essential that you first report the issue internally to your employer’s HR department. This is largely due to what's known as the Faragher-Ellerth defense, a legal principle that holds that an employer should be given a fair opportunity to resolve workplace discrimination complaints internally before facing litigation. If you forego this, you risk losing access to legal remedies. Many claims can actually be dismissed outright if the employee hasn't given the employer a reasonable chance to address the issue first. What Happens If I Wait Too Long To Report Workplace Discrimination To The Equal Employment Opportunity Commission (EEOC)? When it comes to navigating workplace discrimination…Read More
In this article, you can discover… How confidentiality is maintained in Florida whistleblower cases. What to do immediately after an employer investigation. How an experienced attorney can help guide you through the investigation process. Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws. Who Handles Whistleblower Claims In Florida Government Agencies Or Private Entities? In Florida, there are key differences in the protections offered by state court law versus Federal protections. In state court claims, when your employer is a private entity, investigations occur at your employer’s discretion. Depending on how your private workplace’s human resources department works, there are likely specific channels through which you can report concerns or objections. In private companies, the only prerequisite for filing a whistleblower claim is that you have made an objection…Read More
In this article, you can discover… The evidence you’ll need to help support your Florida whistleblower case. How to collect and organize this evidence carefully and effectively. The role of witnesses in your Florida whistleblower case. Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws. What Evidence Do I Need To Provide A Whistleblower Claim In Florida? The type of evidence you need will depend on the type of violation that has occurred. For example, if you are complaining about the temperature of a nursing home being kept higher than regulations allow for in Summer, you should secure a log or electric copy of temperature readouts. If you are complaining about the improper disposal of dangerous products, photo or video evidence of the improper handling will be helpful. Statements…Read More
