Author Archives: Martindale Admin

Creating a Fair and Enforceable Employment Agreement

As a business owner, you put time and money into recruiting and cultivating key employees, and it is reasonable to want to protect your investment. You may not need an employment contract for all staff members, but you should have a written agreement for: Key managers and professionals Any employee who is privy to confidential […]

Does My Injury Have to be at Work to be Covered by Workers’ Compensation?

Worker’s compensation laws were established to protect employees who are injured on the job. The Office of Workers’ Compensation is a federal agency that has rules and guidelines covering federal employees under workers’ compensation. Workers’ compensation follows a rule of strict liability, which means that it is not necessary to prove that your employer is […]

Does My Injury Have to be at Work to be Covered by Workers’ Compensation?

Worker’s compensation laws were established to protect employees who are injured on the job. The Office of Workers’ Compensation is a federal agency that has rules and guidelines covering federal employees under workers’ compensation. Workers’ compensation follows a rule of strict liability, which means that it is not necessary to prove that your employer is […]

Types of Compensable Injuries Under Workers’ Compensation

Defining “injury” under the Florida workers’ compensation laws is not as straightforward as you might think. When most people think of on-the-job injuries, they imagine the results of trauma or accidents — for example, injuring your shoulder or head when falling boxes strike you. However, many other types of injuries may qualify for workers’ compensation.  […]

When Is an Injury Within the Course of Employment?

The workers’ compensation system is designed to provide workers with medical care and monetary compensation for lost wages when they are injured on the job. They may collect regardless of fault, as long as the injury occurred within the course of employment. In most cases, this requirement is fairly straightforward and can easily be proven. […]

Lawmakers Seek to Protect Social Media Passwords from Employers

Employers generally scan publicly available information on social media websites to prescreen employment candidates. Some employers may even request access to password-protected information as a way to further screen candidates. Until recently, many states have not had laws protecting workers who have been denied employment opportunities when they refused to grant access to personal account […]

The Legality of Random Drug Testing

Routine and random drug tests may be part of an employment agreement, but does exercising this clause violate an employee’s Fourth Amendment privacy rights? When employers do not have reason to suspect drug abuse, should drug tests be allowed? Employees across Florida are asking this question and seeking the advice of drug testing attorneys when […]

Discrimination: Why You Must File a Complaint with the EEOC

The Equal Employment Opportunity Commission (EEOC) upholds federal laws that prohibit employers from condoning retaliation, discrimination or harassment in the workplace. An employee can file a complaint when race, color, religion, gender, national origin, age, disability or genetic information play an inordinate role in an employer’s hiring, firing, promotion, training, wage, benefits or employment decisions. […]

Repetitive Stress Injury: Knee, Back or Joint Damage?

Heavy lifting, awkward postures and repetitive stresses on your bones and joints at work can cause serious damage that makes it impossible to continue in the same line of employment. These career-ending injuries require medical treatment and care, the cost of which should be covered by workers’ compensation insurance. Yet if weeks pass before the […]

Protecting Whistleblowers from Retaliation

Business professionals are ethically obligated to report illegal business activities to government investigators, but what happens to whistleblowers who cooperate? Without adequate regulations, whether the whistleblower continues on in an employment position could depend on the employer’s sense of fair play. In a classic case of retaliation, two former managers at a South Florida credit […]

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