Answers Posted By Donna Ballman

Answer to This job was a non union position.

Wrongful termination in Florida

If you lived in New Jersey, California, or some other states, your employer would need to have cause to fire you. Not so in Florida. Florida is an at-will state, which means an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or no reason at all. The only way to change that is to urge your state legislators to pass more protections for employees.

That doesn�t mean there are no protections for employees. You should ask yourself the following questions to see if you might be covered under some employment law:

Did my supervisors make any comments indicating bias? If your supervisor made racist or sexist jokes, said they thought you were too old or your disability made you unable to do the job, required you to work on religious holidays, or made other comments that would indicate a bias, you may have direct evidence of discrimination.

Was I treated differently than others in the same situation? If you don�t have direct evidence of discrimination, you may be able demonstrate you were treated differently than those of a different race, sex, religion, national origin, age, or other protected status under the same circumstances. Try to think of people who are of a different race/age/sex, etc. and were treated differently from you. Find out if there are people who have also been the victims of similar discrimination.

Why was I really fired? Most employees have a pretty good idea why they were fired. If you made a worker�s compensation claim and were fired a week later, that�s a good indication you were fired in retaliation for making the claim. If you reported your supervisor for medicare fraud, and then the supervisor fires you, you may have a whistleblower claim.

Is my employer saying something false about me? If potential employers say you are going to be hired if your references check out, and then the job is mysteriously filled when you call back, your employer may be giving false or damaging information about you. There are professional reference-checking companies who will call for you and see what an employer is saying about you. If you can prove it�s false, you may be able to sue for defamation.

Am I in some protected category? If you were fired after you took some protected action, you may be able to sue for retaliation. Think about whether you recently made a worker�s compensation claim, performed jury duty, served in the military, took family/medical leave, served as a witness in a lawsuit, provided testimony or evidence to EEOC, refused to participate in illegal activity, reported illegal activity, or engaged in protected free speech.

If you believe something illegal has happened, contact an attorney to discuss the possibility that you may have a case.

Donna Ballman

posted Feb 15, 2005 4:43 PM [EST]

Answer to Harrasment in the work place

Harassment law in Florida

General �harassment� is not illegal. The boss is allowed to be a jerk. Harassment because of the employee�s race, sex, age, religion, national origin, color (essentially, shade), pregnancy, disability, marital status, or, sometimes, sexual orientation, is illegal. It must be so severe or pervasive that it alters the conditions of employment. Single or occasional comments and actions are usually not considered harassment. If the employer has a harassment/ discrimination policy, the employee must report it and give the employer the opportunity to correct it before the employer is liable, unless the harassment results in a firing, demotion, or other �tangible� action.

You should look to see if you are in some protected category. If your supervisor made racist or sexist jokes, said they thought you were too old or your disability made you unable to do the job, required you to work on religious holidays, or made other comments that would indicate a bias, you may have direct evidence of discrimination.

If you don�t have direct evidence of discrimination, you may be able demonstrate you were treated differently than those of a different race, sex, religion, national origin, age, or other protected status under the same circumstances. Try to think of people who are of a different race/age/sex, etc. and were treated differently from you. Find out if there are people who have also been the victims of similar discrimination.

If you were retaliated against after you took some protected action, you may be able to sue for retaliation. Think about whether you recently made a worker�s compensation claim, performed jury duty, served in the military, took family/medical leave, served as a witness in a lawsuit, provided testimony or evidence to EEOC, refused to participate in illegal activity, reported illegal activity, or engaged in protected free speech.

If you believe something illegal has happened, contact an attorney to discuss the possibility that you may have a case.

posted Feb 15, 2005 4:41 PM [EST]

Answer to Non-Compete Question

Getting out of non-compete agreements

While non-compete agreements are generally enforceable in Florida, there are quite a few ways to defeat them. If the employer breached an agreement, dealt in bad faith, has no business interest to protect, the limitation is too broad, and a host of other reasons may serve to nullify or limit the enforceability of a non-compete agreement.

posted Feb 15, 2005 4:31 PM [EST]

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