Articles Posted in Employment Law

If there are untrue statements made by the former employer, the question is, were these defamatory statements? If they’re defamatory or they cast the employee in a false light, then there can be a claim for defamation. There also might be a claim for retaliation. That’s why it’s typically advisable for employers to be very…

An employer can require an employee to arbitrate claims after they’ve been hired, but there has to be a written agreement signed by both the employer and the employee. Courts will typically honor those agreements because courts encourage arbitration to minimize the impact in courts and allow the parties, both the employer and employee to…

There are many exceptions to employment at will, and these are what are called discrimination laws. When an employee is being discriminated against based on race, on age, ethnicity, whistle-blower status, worker’s compensation status, these are exceptions to the at will rule that have been created by the courts as well as by the legislatures.…

Not all employers are covered by the Fair Labor Standards Act. There are 2 basic types of coverage under the Fair Labor Standards Act. One type, the typical type is enterprise coverage meaning that the employer has to have at least $500,000 in revenues, and it has to have at least 2 employees. There are…

Non-compete agreements are not always enforceable. Florida typically requires that all competition be allowed, and there shall be no restriction of competition, but there’s a separate statute in Florida, which is 542.335 Florida statutes that governs non-compete agreements. That statute requires that there be certain legitimate business interests of the employer set out in the…

False claims, or Qui Tam laws, are laws that allow somebody to bring a claim on behalf of the government, and that person is called the relater, who brings the claim, and they brought, they bring the claim on behalf of the government against a business that is cheating or stealing from the government. When…

Typically a similarly situated employee is someone who is virtually the same in terms of position held, job duties, job responsibilities and compensation. They have to be almost identical in all respects as to what the employee’s position is so they can both be set side by side and then ask how is this similarly…

A charge of discrimination can be filed by a person who is allowed to be protected by a law. There are various laws in the state of Florida such as the Florida Civil Rights Act requiring at least 15 employees. Local ordinances also can reduce the minimum number of employees that are protected by a…

An individual can file an employment discrimination lawsuit without a great deal of difficulty. Some employment discrimination laws require that there be an administrative process or an administrative remedy that’s exhausted such as going to the EOC or going to another government agency and having the agency first investigate the issue and then giving the…

The ADEA is the federal anti-discrimination law called the Age Discrimination in Employment Act, and it prohibits discrimination of a person who’s at least 40 years old.