Have you lately been fired and require an employment attorney in Jacksonville? Or possibly your job hunt is being hobbled by a non-compete clause you signed with your former employer. Whatever your issue, a great employment lawyer can supervise you through the legal labyrinth you ‘ll likely be facing.
Jacksonville employment attorneys resolve a wide range of claims, from contract regulation and wrongful termination claims, to harassment and whistle-blower cases. Whether you are the personnel seeking safeguards from your workplaces prohibited acts, or an employer requiring advice in a worker dispute, you can find the help you need.
There are a multitude of state and federal protections for individuals in claims of discrimination. While not every situation is safeguarded (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.” These protected classes may include race, ethnicity, pregnancy, handicap, sexual orientation, and age, just to classify a few.
Age discrimination is prohibited by the Florida Civil Due Act of 1992 and the federal Age Discrimination Act of 1967. Other classes, such as race, sex, ethnicity and religious affiliation are shielded by the Florida Civil Rights Act (FCRA) and federal Civil Rights regulations. Handicap discrimination is covered by both the Florida Civil Rights Act and the Americans with Disabilities Act. Separate protections exist for those affected by HIV or the AIDS virus.
In Florida, state law prohibits some additional types of workplace discrimination not covered by federal law, including discrimination on the basis 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 comprehend your lawsuit.
The EEOC and the FCHR are two offices that tackle grievances for unlawful firing based on State and federally-protected classes. An worker claiming discrimination must file a grievance with either of these departments ahead of taking any measures in court. A Jacksonville employment attorney can be helpful in traversing these agencies, which have particular timelines and bureaucratic processes.
Once an office examination is complete, the worker can either seek remedies from the relevant office or sue in court. Both avenues can lead to hirings, back pay, reinstatements and monetary damages, but in contrast to the two offices, the civil courts can award unlimited damages.
Sexual harassment cases arise when an employee is victimized by a manager or associate with persistent, unwanted abuse based on his or her sex. These types of behaviors are outlawed under both state and federal laws. The nature of the harassment doesn’t have to be sexual in order for it to be prohibited, as long as it’s based on the victim’s gender.
Jacksonville employment attorneys also tackle breach-of-contract concerns. Although many employees in the state of Florida do not work under a contract, there are some lawsuits where a staff member might be constrained by a non-compete or a collective bargaining agreement. In most actions, however, staff members are considered “at will” - which means either party can end the working agreement for any cause not banned by regulation.
Breach of contract issues come up when the job and former worker disagree on the cause for the firing, or the legitimacy of the cause. If you find yourself handling a contract you feel has been breached, you should speak to an employment lawyer to make sure your interests are represented.
Florida is a popular place for so-called non-compete clauses, which forbid workers from working for the competitors of workplaces they’ve recently left. Although Florida courts have required that these clauses not be too broad or too hard to impose, they’ve embraced the general concept more than most other state courts. Figuring out when and if these agreements are enforceable can require the assistance of a professional attorney.
Employment law can be confusing, regardless of whether you’re an employer or employee, and knowledge is important. A quality Jacksonville employment attorney will know the regulation and how to use it your advantage.