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
Remember To Record & Document Discrimination – Even While Your Case Is Ongoing If you remain employed during your case, it’s critical to continue recording and documenting any incidents of discrimination. This is because many types of claims in Florida include anti retaliation provisions. These provisions protect employees who bring good faith complaints, making any retaliatory actions taken by the employer far more serious. For example, I once represented a young waitress at a newly established restaurant. She endured frequent discriminatory and sexually inappropriate comments from a middle aged male kitchen manager. In good faith, she reported that the behavior was making her uncomfortable. While those comments alone might not have been actionable under the law, what followed certainly was. The manager to whom she reported the issue told her the next day that he…Read More
In this article, you can discover… How to know if you have a legitimate whistleblower claim in Florida. The steps involved in filing a whistleblower claim. How an experienced attorney can help you file your claim and avoid common mistakes. Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws. What Is The Florida Private Whistleblower Act? The Florida Private Whistleblower Act is a State-level statute that protects employees from retaliation should they object to or refuse to participate in conduct by their employer that violates laws, rules, or regulations applicable to their industry. There are other potential triggering events which can lead to protection, but the above is, by far, the most common. How Do I Know If I Have A Legitimate Whistleblower Claim Under Florida Law? As of…Read More
What Are The Main Legal Protections For LGBTQ+ Employees In Florida? LGBTQ+ employees in Florida are protected under federal and state laws that prohibit discrimination based on sexual orientation and gender identity. This means that employers cannot treat LGBTQ+ employees differently than similarly situated coworkers. Any adverse treatment based on an employee’s sexual orientation or gender identity is illegal. If an LGBTQ+ employee is subjected to discrimination, they are entitled to seek financial remedies for any quantifiable damages they have suffered. These may include: Lost Wages: This is compensation for any income lost due to discriminatory practices, such as wrongful termination, demotion, or denial of promotions. Other Tangible Terms Of Employment: This covers other economic losses that can be directly linked to the discriminatory acts, such as lost benefits, reduced hours, or denied opportunities for advancement. In…Read More
