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Author: Matthew K. Fenton
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Can I Be Denied Employment for Refusing to take a Drug Test?
The short answer is yes. An employer can decide not to hire someone based on refusal of a drug test as long as that is the sole reason and not because they are part of a protected class. This denial must apply to all job candidates as a company policy. Since drug testing laws fall…
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What Can I Do if My Employer Violates My Employment Contract?
If you have an agreement with your employer – written or verbal (albeit verbal is harder to prove) – that has been broken, you have several courses of action. If the employment/employee contract is a union contract, speak with your union representative first. If not, then you can: Speak with the Human Resources Department While…
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Fired for Not Signing Non-Compete Agreement?
You May Have a Wrongful Termination Case. Employers institute non-compete agreements for a variety of reasons, mainly to prohibit employees with critical information on the company from taking clients or ideas to competitors. Agreements can be narrow in prohibiting only direct pilfering of clients, research, and employees or extremely broad in prohibiting employees from working…
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What is Workplace Discrimination and How to Fight Back
Florida is an at-will state and employees may be fired at any time with little to no cause. However, workplace discrimination is not included in at-will terminations. If you’ve been a victim of workplace discrimination, you can – and should – fight back. What is Workplace Discrimination? Workplace discrimination includes any “adverse employment action” (including…
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Get Your Facts Together: Proving Your Wrongful Termination Case
Since Florida is an “at will” state, employees may be fired at any time with the exception of situations involving discrimination, whistleblowing, a wage dispute or dispute over unpaid overtime, breach of employment contract, or time off sanctioned by law. The Florida Civil Rights Act lists “protected classes” from termination, but the burden of proof…
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Wrongful Termination: Were You Legally Terminated?
Florida is an “at-will” state, meaning employees may be terminated at any time for whatever reason, including no reason at all. If you’ve recently lost your job, you may be considering your rights. Just because you reside in an at-will state does not mean you haven’t been wrongfully terminated. Even though the law seems like…
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Sex Discrimination: Gender Identity and Transgender Status are now Protected
Know Your Rights Employers cannot discriminate in employment based on race, religion, national origin, disability, status as a protected veteran or sex. However, up until recently transgender employees, or job candidates, were not specifically protected. In early 2014, President Obama signed Executive Order 13672 (EO) adding sexual orientation AND gender identity as independent, protected categories.…
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Will I Still Receive a Paycheck While on FMLA?
While the Family and Medical Leave Act (FMLA) of 1993 does provide peace of mind for job protection, it doesn’t always ease the financial stress of the medical bills and everyday expenses that can pile up during unpaid leave. Ensuring at least some income for approved time off is essential for most, but it’s hard…
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Can I Be Fired or Disciplined for Using FMLA?
Although Florida is an at-will work state, employment law still dictates certain policies that protect employees from wrongful termination. The 1993 Family and Medical Leave Act (FMLA) is one such provision that was put in place to maintain a worker’s job role and reputation during eligible leave. Can an employer fire or discipline a worker…
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LinkedIn Forced to Pay Nearly $6 Million in Unpaid Wages
Employment law is difficult to understand without a legal background. It used to be believed that hourly employees received overtime for anything worked over 40 hours, while salaried employees were at the mercy of their employer receiving a flat salary regardless of how many hours they worked. Employment law is not that simple and mistakes…
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