The Faithful Servant Doctrine is a doctrine established in various courts that requires an employee to [disgorge 00:00:11] or repay the monies that he obtained or she obtained from the employer when the employee is being disloyal. An example would be where the employee is operating a competing business while still working for the employer.…
Continue reading ›Severance pay is either a voluntary payment by an employer when an employee is terminated, where the employer will pay the employee some money to ease the transition while the employee looks for new employment. Sometimes there is a contractual obligation to pay severance pay in the employment agreement. Many executives, for example, have contractual…
Continue reading ›Unlawful employment discrimination typically is created by Statute. For example, an employee has a Workers’ Compensation claim and the employer then terminates the employee. There are laws in Florida that bar or prohibit the employer from discriminating based on Workers’ Compensation retaliation. Other laws would include laws prohibiting race discrimination, discrimination based on the gender…
Continue reading ›The Fair Labor Standards Act is a federal statute that governs payment of wages. It prohibits, for example, certain types of child labor, it requires the payment of overtime wages in certain circumstances and it requires the payment of minimum wages in certain circumstances. It also has a separate provision about employment discrimination based on…
Continue reading ›The main difference between an independent contractor and employee, is an employee is controlled by an employer and obtains certain benefits that an independent contractor doesn’t obtain. For example, the employee is going to be paid by the hour or salary, maybe provided health insurance, maybe provided vacation time or benefits and other items that…
Continue reading ›Fraudulent inducement is a business tort and that involves a dishonest or fraudulent intent to lure somebody into a contract through some means of misrepresentation. The person ends up entering the contract based on false statements. They were basically lied to and that’s how they procured their promise in accordance with that contract. Having a…
Continue reading ›Overtime, it’s considered to mean that you worked more than 40 hours in a week. If you’re entitled to overtime pay, that means the employer has to pay the employee one half times the normal hourly rate for those hours that above 40 hours in a week.
Continue reading ›If state and federal laws both regulate a claim of discrimination, the employee can bring claims under both laws. For example, an employee may have a claim for sexual harassment both under the Federal Civil Rights Act, which is Title VII, as well as under the Florida Civil Rights Act. Both laws can protect the…
Continue reading ›If an employer discriminates against an employee by retaliation, the employee can bring a lawsuit against the employer for that retaliation. Not every accusation of the employee is going to be considered retaliation. Sometimes the employees are doing work that is really not appropriate or not doing the right thing in the workplace after they’ve…
Continue reading ›
