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Employment Litigation Archives

Is Bullying in the Workplace Illegal?

Bullying is a hot topic these days, one that is not merely relegated to young people. In fact, many adults have questions about the legality of bullying in the workplace, and it’s important that Florida employers are well-versed in best practices to prevent legal issues from occurring. The Workplace Bullying Institute answers some frequently asked questions regarding ill-treatment at work, which can help employers tailor rules and regulations appropriately.

Looking into age discrimination issues

Various age discrimination issues are regularly assessed, from the hardships an employee faces when they are unable to find a job to the potential consequences an employer may have to confront when these allegations surface. While these are certainly important matters to look over, it is also important to keep in mind that there are many more issues related to age discrimination that people in Miami and across the state of Florida have to work through. For example, if you are discriminated against on the basis of your age, you may face long-term career challenges and have difficulty moving on from your experiences.

How do I defend a wrongful termination lawsuit?

Firing an employee is never an easy decision, and the act is stressful for all involved. Of course, it is hardest on the one being let go, but it takes a toll on others too. Along with the supervisor or human resources representative who breaks the news to the worker, other employees feel the stress as well. What your Florida business does not need is the added stress of fighting a wrongful termination suit; to avoid that, there are several preventive measures and follow-up steps you take.

What constitutes sexual harassment in the workplace?

Sexual harassment has made the headlines in plenty of Florida newspapers lately, bringing the topic to the forefront of conversations in the workplace across the state and across the country. While it may initially appear to be a broad topic, The State of Florida helps narrow it down, defining it as behavior of a sexual nature that is unwelcome.

The consequences of employment litigation

Employment litigation takes place for all sorts of reasons, whether an employee claims that they were wrongfully fired, that their contract was violated, that they were sexually harassed or that they were subjected to discrimination. Unfortunately, these cases can be challenging for everyone involved. Moreover, employers may face repercussions even if the allegations were not true. As a result, if you own a business it is essential to understand the different consequences that you could face because of employment litigation and make sure you handle these cases with care.

Reasonable accommodation under ADA may be hard to define

There are times when an employee or job applicant is very qualified to perform the essential duties of a position but, due to a disability, cannot perform one or more duties adequately. For many, an adjustment of certain work conditions can readily allow them to adequately perform those main functions of the job.

Tips for preventing sexual harassment

The workplace should be a place for employees to fulfill their duties without threats or fear. However, many forms of mistreatment, including sexual harassment, take place in countless companies across the country. Therefore, it is essential for business owners in Florida to take preemptive steps to prevent this issue from infiltrating their company. According to Workplace Answers, harassment can take a variety of forms, and it is not limited to physical assault. It includes many forms of inappropriate sexual speech, whether in the form of jokes, comments or propositions. It could also include an explicit or implicit offer of advancement, job security or job loss as the result of sexual favors or refusal.

Perception of disability can prompt ADA protections

Title I of the Americans with Disabilities Act is a federal law that protects the rights of Florida workers and others around the country with disabilities. It prohibits actions of employers or their agents that could affect the working life of many qualified disabled people.

Sexual harassment and employees' rights

Sexual harassment in the workplace has been a long-standing issue in the United States, but the issue of sexual harassment itself is complex and can include more incidents than many might assume. In Florida, the legal system considers sexual harassment a form of discrimination. The United States Equal Employment Opportunity Commission also protects employees from any sort of verbal or physical harassment in the workplace. 

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