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Employment
Law
The majority of my
practice encompasses employment discrimination law, including
gender, race, and age discrimination and sexual harassment
matters. I also handle wage and hour disputes, and problems
involving non-compete agreements.
Under Florida law, and individual can be
fired for any reason. Employees in Florida who are employed without
contracts are considered to be at-will, meaning that they can be
dismissed at the discretion of their employer at any time and for any
reason. The federal and state employment discrimination laws essentially
provide an exception to the employment at-will doctrine.
Employment discrimination is the unlawful use of age, race, gender,
color, national origin or religion to deny an individual either
an opportunity to work or to work under the same conditions as
others. One must
be able to prove that (1) he or she is a member of a protected
class; (2) discrimination was evident in the terms or conditions
of employment; and (3) as a result damages were suffered.
An essential requirement to pursuing an action
for employment discrimination is the filing of a
complaint with either the
Equal Employment
Opportunity Commission (EEOC)
or the Florida Commission on Human Relations ("FCHR").
Although it is not necessary to consult with an
attorney before contacting the
EEOC or
FCHR,
lawyers can assist in making a determination
whether or not to file a charge with the
EEOC or
the
FCHR.
Retaliation is a form of revenge against an employee who had previously
taken steps seeking to enforce his or her rights protected under
state or federal law. The laws prohibiting discrimination in the
work place also prohibit any retaliatory action being taken against
an employee by an employer because the employee has asserted rights
or made complaints under those laws. So, even if a complaint of
discrimination against an employer is later found to be invalid
or without merit, the employee cannot be penalized in retaliation
for having made such a complaint if the employee made the complaint
as a means of seeking to enforce what the employee believed in
good faith to be his or her lawful rights. In order to prevail
on a claim of retaliation, the employee must prove by a preponderance
of the evidence: First: That he or she engaged in statutorily
protected activity, that is, that he or she in good faith asserted
claims or complaints of discrimination prohibited by state or
federal law; Second: That an adverse employment action
then occurred; Third: That the adverse employment action
was causally related to the employee's statutorily protected activities;
and Fourth: That the employee suffered damages as a proximate
or legal result of such adverse employment action.
My staff and I welcome you
to our office. My
fees, which are based upon my knowledge, skill, and the complexity
of your legal matter, will be consistent with the high quality
service you will receive. When you retain me, I work for you and
for your best interests. You can feel free to call upon me or
my staff at any time to impart information or to seek answers
to your questions.
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