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Employment Litigation Archives

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. 

FMLA grants some employees right to unpaid leave

In a complaint recently filed in the Florida 6th Judicial Circuit for Pinellas County, a man claims he was wrongfully terminated by his employer, as reported by the Florida Record. The man alleges that his dismissal constituted interference with leave afforded him under the Family and Medical Leave Act (FMLA) as well as retaliation. The man alleges that he was terminated only after management learned that he had HIV.

New DOJ brief: Gay workers are not protected

In a reversal of Department of Justice policy, a new direction under the Trump administration has become clear leaving Florida workers in the LGBT community on edge. As Business Insider reports, a briefing filed by the DOJ states that the position of the department is that workers are not protected from discrimination under Title VII of the Civil Rights Acts for their sexual orientations.

What employers need to know about employee handbooks

When a business in Miami hires a new employee, it can be difficult and time consuming to inform and train that person on all of the company’s rules and regulations. Some business owners chose to publish and distribute an employee handbook for that purpose.

Essential considerations before signing a new employment contract

In their excitement about a new job in Florida, some job applicants who receive an employment offer fail to spend enough time on their employment contracts. This can cause big problems once the honeymoon phase of the new job has ended.

Do I have to provide my employees with paid sick leave?

If you own a business in Miami, you likely depend on your employees showing up for work when they are scheduled to be on duty. However, inevitably people do get sick and are sometimes unable to make it to work. While some companies may offer paid time for employees who are sick, there is no law that requires employers to do so.

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