Employment law is sometimes a very confusing topic, and a lot of people do not fully understand it. There’s a lot of misconceptions from employers and employees on when it is appropriate to file a claim on the other. Here are some of them and clarification which can help you in seeking the best employment lawyer in Florida.
Wrongful Termination suit
Unlike some states, wrongful discharge suit does not exist in Florida. An employer may fire any employee as they seem fit for their business and not be liable to a lawsuit. However, some laws protect employees from discrimination, defamation, illegal retaliation, and discriminatory harassment. In the instance of these situations, the employee may file a lawsuit.
Lawsuits About Harassment
The only form of harassment that is permissible is that which pertains to a person’s race, gender, religion, age, or sexual orientation. General harassment is not eligible for a lawsuit. Only harassment that disrupts the conditions of the workplace or employment is illegal. An employee may not be sacked or discriminated against based on their age, race, gender, religion, color, or sexual orientation.
Lawsuits On Discrimination
Employers with 15 or more employees are not permitted to discriminate in terms of age, gender, race, religion, color, or sexual orientation. However, if an employee claims to have endured discrimination, the employee must prove they were treated differently while under the same conditions as the others. If adequate proof or witnesses are not provided, a lawsuit is not permissible.
Am employer may be charged for defamation if they intentionally give false accusations or ignore the full truth while accusing someone of theft, dishonesty, or criminal behavior. All suits based on references are not eligible.
Retaliation After Suits
An employer is not permitted to retaliate on an employee that has placed a complaint against discrimination or participated in any suit by either testifying or threatening to file a claim. Employees should not be held accountable for refusing to participate in a lawsuit.
If ever you feel you have an issue plausible for a lawsuit, it’s vital to seek legal counsel first. This ensures your cause is permissible for a suit and avoid any future problems. Addressing employment issues with appropriate legal counsel ensures your problem gets solved without further constraint.