Although Florida employers have no obligation to give a reason or cause for terminating their “at will” employees, their failure to give a reason at the time of termination may increase litigation costs. In Mock v. Bell Helicopter Textron, Inc., the Eleventh Circuit held that the employer’s refusal to give the employee a reason on …
Employers are increasingly requesting employees to arbitrate all employment disputes as a condition of employment or continued employment. Courts generally enforce such agreements pursuant to the liberal federal policy (under the Federal Arbitration Act) favoring arbitration agreements. In Walthour v. Chipio Windshield Repair LLC. (March 21, 2014), the Eleventh Circuit U.S. Court of Appeals joined …
Religious discrimination charges filed with the EEOC are on the rise. Title VII prohibits harassment and discrimination because of one’s religion as well as retaliation against an employee who complains of such misconduct. To minimize the risk of costly litigation, employers should 1. Revise employee handbooks to prohibit religious harassment and discrimination in the same …
A forum selection clause within a contract allows parties to agree that any litigation resulting from a conflict within a contract will be conducted in a specific forum. In some circumstances, an employee and his or her new employer, a non-signatory, may be bound to the terms within a binding non-competition agreement with a prior …
How One Word Can Change Everything: Forum Selection in Non-competition Agreements. Read More »
In the last couple of years, cases where an employee is fired after getting injured on the job and subsequently filing a Workers’ Compensation Claim are becoming more prevalent. However, under Section 440.205 of the Florida Statutes (which specifies that following a work-related injury, a covered employee may file a claim under the Florida Workers’ …
Firing After Filing: Illegal Retaliation under Florida Law? Read More »
