Articles Posted in Employment Law

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…

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…

Typically, when an employee files a charge of discrimination, they have to supply the information, such as their own information, biographical information, as well as the employer’s information and the number of employees of the employer. There has to be a description of what the employee contends is a discrimination. There have to be some…

Many different classes of people are protected by Employment Discrimination Laws. Laws prohibit discrimination based on age, on the race, ethnicity, gender. Also Whistleblower status, Workers’ Compensation Claim status, status brought under the Family Medical Leave Act, where a person has brought a claim or attempted to assert their rights and they’re supposed to be…

Employers are covered by the ADEA, which is the Age Discrimination and Employment Act, if they have at least 20 employees, and the employees that are subject to the act have to be at least 40 years old.

There are always deadlines for bringing employment-related claims when the employee is the person initiating the claim because there are statutes of limitations. Some statutes of limitations are very short, for example, an employee will need to file a charge of discrimination for certain types of discrimination claims within a certain number of days, otherwise,…

Employer’s not always required to pay for those types of days, sick days, holidays, personal days. Many employers by contract with the employees will do that. They’ll do that through an employee handbook or written policies and procedures. Under those circumstances, the employer has to abide by the promises it made to the employee.

An employer can not force somebody to do something. In other words they cannot lock them in or make them do something through some kind of compulsion, but the employer can ask the employee to stay later. The employee could say no and the employee could say yes. The issue is, does the employee want…

Not every discrimination law covers every employer. Most anti-discrimination laws require a certain number of minimum employees. For example, Title XII of the Civil Rights Act, as well as the Florida Civil Rights Act, require a minimum of 15 employees for the law to apply at all. Other laws, though, do not require a minimum.…