Author Archives: Jay Butchko
The Protected Activities Exception To Florida’s Employment At Will Law
Many workers are aware of Florida’s law on employment at will, which allows both employees and employers to terminate the employment relationship for almost any reason. Initially, the rule seems harsh and gives a significant amount of power to the employer. However, there are limitations on the employment at will doctrine that go a… Read More »
Key Provisions You Should Negotiate In A Florida Employment Contract
Florida is an employment at-will state, which means that the employment relationship can be terminated by either employer or employee at any time. There are some exceptions to the rule, and one of them occurs when the parties execute an agreement. Under Florida law on employment contracts, the agreement is valid if the terms… Read More »
5 Employment Laws Florida Employers Frequently Break
Florida employers are charged with knowing and following the federal and state employment laws that apply to their business, but statistics show that many companies are falling short. The Equal Employment Opportunity Commission (EEOC) reports that it receives more than 72,400 charges every year alleging a wide range of discrimination practices. These figures do… Read More »
Signs Of Wrongful Termination By Florida Employers
Many employees view getting fired as unfair and unreasonable, but termination by employers is often legitimate because of a basic employment law concept: In Florida and 48 other US states, employment relationships are considered to be at will. This means that an employer does not need cause to fire a worker. You may have… Read More »
2 Types Of Sexual Harassment Under Florida Employment Laws
It is difficult to comprehend how sexual harassment can still be prevalent in the Florida workplace, but statistics indicate that the problem persists. Approximately 31 percent of all charges of employer misconduct received by the US Equal Employment Opportunity Commission (EEOC) are based upon sex, and harassment is a form of discrimination. Fortunately, the… Read More »
Reasonable Accommodation Under Florida Disability Discrimination Laws
Many types of workplace discrimination are covered Title VII of the Civil Rights Act, but discrimination on account of disability is governed by a separate, very specific statute. The Americans with Disabilities Act (ADA) prohibits employers from treating current workers and prospective employees differently because of a disabling medical condition. The Florida Civil Rights… Read More »
4 Ways Employee Misclassification Harms Florida Workers
The body of employment law encompasses numerous aspects of the employer-employee relationship and workplace conditions, from wages, overtime, and safety to discrimination and harassment. Though the subject matter varies, there is one thing that many of the US and Florida statutes have in common: They only apply to employees, specifically excluding independent contractors. When… Read More »
Ways Florida Employers Discriminate Based On Age
Treating workers differently on account of age has been unlawful since 1967 when Congress enacted the Age Discrimination in Employment Act (ADEA), but statistics indicate that some employers still fail to comply. The US Equal Employment Opportunity Commission (EEOC) receives an average of 15,600 charges every year alleging misconduct by employers because of age…. Read More »
Can I File A Wrongful Termination Suit If I Quit?
Antidiscrimination laws prohibit employers from treating workers differently because they possess certain protected characteristics or are a member of a protected group. Florida’s statute on unlawful employment practices makes it illegal to discriminate against someone on account of race, color, pregnancy, sex, national origin, disability, and many other traits. Though the law covers all… Read More »
Disparate Treatment V. Disparate Impact In Florida Race Discrimination Claims
Race discrimination in the workplace has been unlawful under Title VII of the Civil Rights Act for almost 60 years, but complaints about misconduct indicate significant room for improvement. According to data from the US Equal Employment Opportunity Commission (EEOC), race continues to be a top reason for charges filed by employees. Over the… Read More »
