Have you lately been terminated and need an employment attorney in Jacksonville? Perhaps you are being held back by a non-competition agreement you signed years ago? Whatever your problem, a professional employment lawyer can shepherd you through the legal maze you ‘ll likely be going up against.
The employment regulation issues tackled by Jacksonville employment attorneys include everything from contract conflicts and illegal job discrimination to sexual harassment and non-compete requirements, among others. The concerns matter to both individual and companies, and employment lawyers resolve numerous headaches, sometimes representing both sides of the coin in separate actions.
A number of federal and state laws shield employees from wrongful job discrimination. While not every class is shielded (such as weight, tattoos, and other differences), there are many cases in which you are sheltered from discrimination for being a member of a “protected class.” These protected classes may include race, ethnicity, pregnancy, disability, sexual preference, and age, just to classify a few.
The Age Discrimination Act of 1967 forbids discrimination against any person based on age. Other classes, such as race, gender, ethnicity and religious affiliation are safeguarded by the Florida Civil Rights Act (FCRA) and federal Civil Rights laws. Handicapped persons are shielded from discrimination under both Florida state regulations, and certain federal protections. Different protections exist for those affected by HIV or the AIDS virus.
In Florida, state regulation forbids some additional types of workplace discrimination not covered by federal law, including discrimination on the basis of marital status. 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 figure out your action.
There are two bureaus that handle worker complaints of illegal career discrimination in Florida: the federal Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). In advance of court proceedings, an applicant must file a grievance with one or both of these departments. A Jacksonville employment attorney can be helpful in traversing these departments, which have various target dates and bureaucratic processes.
Once the agency has ended its examination, the applicant can pursue a claim, or seek remedy directly from the involved office. Both avenues can lead to hirings, back pay, reinstatements and monetary damages, but unlike the two agencies, the civil courts can award unlimited damages.
Sexual harassment claims arise when an individual is victimized by a higher-up or colleague with persistent, unwanted abuse based on his or her sex. Both federal and state regulations prohibit this behavior and provide victims with remedies. The nature of the harassment doesn’t have to be sexual in order for it to be forbidden, as long as it’s based on the victim’s sex.
Jacksonville employment attorneys also handle breach-of-contract problems. Although many workers 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. Instead, workers are “at will,” meaning they can be terminated for any reason, as long as it’s not prohibited discrimination.
When a breach of contract conflict arises, it’s usually because an employer fired a staff member and claimed “good cause” to do it; the employee, on the other hand, claims the company didn’t have good 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 law allows the institution of non-competition contracts, which may keep a worker from seeking other work in their field after they have terminated employment with their present company. Although Florida courts have required that these clauses not be too vague or too hard to enforce, they’ve embraced the general concept more than most other state courts. A reputable attorney will be able to review your contract, and shepherd you on its enforceability and legality.
Employment regulation can be confusing, regardless of whether you’re a company or employee, and knowledge is important. Your best step in grasping your function and obligations is to find a Jacksonville employment attorney to review your lawsuit.