Category Archives: Employment Law

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 […]

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 […]

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 […]

Firehouse Sexual Harassment Policies Under Fire

A female firefighter at a New Smyrna Beach, Florida firehouse was told that there was “not enough money in the budget” for sensitivity training when she complained to the human resources department about the harassment she was experiencing on the job site. The harassment continued and escalated — leading to the firefighter’s eventual termination from […]

Payroll Violations: Stealing Tips, Deducting Pay and Ignoring Overtime

People who work in the service industry are often subject to the whims of patrons and supervisors. Weekly pay rates may be affected by minimum wage laws, hours scheduled, tips accumulated, overtime rate enforcement, punitive policies and other employment practices that affect income. Many workers cannot rely on a steady paycheck if their managers engage […]

Beware of Non-Compete Clauses in Your Employment or Severance Agreement

Accepting a new job is always an exciting time. Similarly, leaving an existing job can be exciting or stressful depending on the circumstances. In either case, it can be easy to overlook the fine print on your employment or severance agreement. If you notice that a non-compete clause or similar language has been included, however, […]

How to Talk to Your Employer about Reasonable Accommodation

Two of the central provisions of the Americans with Disabilities Act (ADA) are the dual requirements that employers not discriminate against employees or applicants with disabilities as long as they can perform the essential job functions with or without reasonable accommodation and that employers provide such accommodations upon request. Beyond the clear purpose of preventing […]

How to Spot if You’ve Been Wrongfully Terminated

Wrongful termination does not mean simply being terminated unfairly, for a nonsensical reason or for no reason at all. It means being terminated in violation of a recognized legal right, whether created by law or through a private contract. Unfortunately, this means that if your employer fires you out of personal animosity or to open […]

Can FMLA Work For You?

You work full time and are having a baby, or you are the primary caregiver for your grandmother and you need time off to help her through an illness. Can FMLA help you? The answer is yes and no. The federal Family and Medical Leave Act of 1993 (FMLA) was signed into law by President […]

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