Find A Dependable Jacksonville Employment Attorney
Written by jackson on January 27th, 2012Have you lately been fired and require an employment attorney in Jacksonville? Perhaps you are being held back by a non-competition agreement you signed years ago? No matter what you are experiencing, a reputable attorney can help you analyze your legal rights and duties.
Jacksonville employment attorneys tackle a wide variety of actions, from contract law and wrongful termination cases, to harassment and whistle-blower actions. The issues are a concern to both individual and workplaces, and employment lawyers deal with many obstacles, sometimes representing both sides of the coin in different cases.
There are a multitude of state and federal protections for workers in suits of discrimination. While not every situation is defended (such as weight, tattoos, and other differences), there are many circumstances in which you are sheltered from discrimination for being a member of a “protected class.” But discrimination that is based on a worker’s membership in any one of several protected classes– race, national origin, sex, religion, age, citizenship, handicap, pregnancy, military position, bankruptcy, HIV\/AIDS status, or genetic information– is barred in Florida by federal and state law.
Age discrimination is forbidden by the Florida Civil Rights Act of 1992 and the federal Age Discrimination Act of 1967. Discrimination based on race, sex, national origin or religion is banned by the Florida Civil Rights Act and Title VII of the federal Civil Rights Act. Disability discrimination is covered by both the Florida Civil Rights Act and the Americans with Disabilities Act. Different protections exist for those affected by HIV or the AIDS virus.
In addition to the above-described federal protections, Florida also bans discrimination against any employee because of marital situation. An employment attorney in Jacksonville will be able to tell you about your protected situation under one or more of these laws, and help you grasp your lawsuit.
The EEOC and the FCHR are two bureaus that deal with grievances for wrongful firing based on State and federally-protected classes. An staff member claiming discrimination must record a complaint with either of these departments ahead of taking any measures in court. Your employment attorney in Jacksonville can help you understand the requirements of these filings, and any timelines or processes you require to be aware of.
Once a department investigation is ended, the individual can either seek remedies from the appropriate agency or file suit in court. Seeking remuneration under the department could result in obtaining back pay, being returned to your function, or being paid damages; however, a civil court proceeding may result in much larger damages or settlements.
If you are subjected to unwanted, repeated harassment or abuse by another worker based on your gender, you are protected under the regulation. Both federal and state laws forbid this behavior and provide targets with remedies. Even if the conduct to which you are subjected is not overtly sexual in nature, if you are being targeted based on your gender, you are entitled to protection and compensation under the regulation.
In many lawsuits, a Jacksonville employment attorney can help you with contract problems as well as discrimination or harassment. Most Florida workers don’t work under contract, with the exception of executives and union workers. In most cases, however, employees are considered “at will” – which means either side can end the working association for any reason not banned by regulation.
When a breach of contract conflict arises, it’s usually because a company fired a staff member and claimed “good cause” to do it; the worker, on the other hand, claims the company didn’t have good cause. When you are endured with a contract problem on the career, it is in your best interest to find a qualified Jacksonville employment attorney to review your suit.
Florida law allows the institution of non-competition contracts, which may keep an employee from seeking other work in their field after they have terminated employment with their current company. Although Florida courts have required that these clauses not be too broad or too hard to impose, they’ve embraced the overall concept more than most other state courts. Figuring out when and if these agreements are enforceable can require the assistance of a quality attorney.
Employment regulation can be confusing, regardless of whether you’re a job or employee, and knowledge is important. A quality Jacksonville employment attorney will know the law and how to use it your advantage.