Discrimination and Family Medical Leave Act
Florida is an “at will state.” This means that when acting in the capacity of an employer, you may hire and fire as you please. However, as an employer, you may not “discriminate when it comes to any aspect of employment, including hiring, firing, pay, job, assignments, promotions, layoff, training or any other term or condition of employment.” Factors that cannot be considered in any aspect of employment are race, ethnicity, gender, sexual orientation, disability, age, or religion.
Unfortunately, lawsuits alleging discrimination are often brought against an employer after a potential employee was not hired or an existing employee was terminated or refused advancement within the company. There are other instances where an individual may perceive discriminatory practices when there is truly no discrimination. If your company is facing allegations of discrimination, contact us for a consultation. We will explain to you the successful strategies that our Firm utilizes in defending discrimination cases.
Family Medical Leave Act/Pregnancy Discrimination Defense
Employers that fall within the purview of the Family Medical Leave Act (“FMLA”) are required to offer up to 12 weeks of unpaid leave without jeopardizing the job status of eligible employees for various medical situations. Among the several “medical situations” enumerated by the FMLA, pregnancy is one.
If a current of former employee has filed a lawsuit claiming any FMLA violations, the first step you should take is determine if your company must actually comply with the FMLA. Frequently, plaintiffs mistakenly believe that the company they work for are “covered” under the FMLA.
The second step is to determine whether the employee bringing the claim is actually eligible to do so under the FMLA. Plaintiff also may believe that they themselves are covered under the FMLA when in fact they are not “eligible employees” under the Act.
If you need assistance in answering these preliminary questions or would like to have a consultation with our experienced employment law defense attorneys, contact our firm and we will gladly assist you.
Sexual Harassment Defense
A sexual harassment lawsuit against you or an employee of your business is a devastating and embarrassing event for both the accused and the company associated with the accused. There are both civil and sometimes criminal charges that can be pursued by the accuser. The law does not always prohibit mere teasing and isolated comments or incidents that are not very serious. However, there is a very fine line between what is considered legal conduct or illegal sexual harassment.
If you, your company, or an employee is facing a sexual harassment allegation or lawsuit, contact us online or give us a call at 954-384-6114 so that we can discuss the specifics of the sexual harassment case and determine what path may be pursued in order to reach a favorable resolution for you and/or your company.
Oppenheim Law | Sexual Harassment Defense Attorneys & Discrimination Defense Attorneys
2500 Weston Rd #404
Fort Lauderdale, FL 33331