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Jacksonville Employment Attorney: On Your Side
January 25, 2012
Have you lately been fired and need an employment attorney in Jacksonville? Perhaps you are being held back by a non-competition agreement you signed years ago? No matter what you are facing, a trustworthy attorney can help you sort out your legal dues and obligations.
The employment law problems tackled by Jacksonville employment attorneys include everything from contract conflicts and prohibited job discrimination to sexual harassment and non-compete requirements, among others. Whether you are the staff member seeking protection from your jobs illegal acts, or a workplace needing guidance in an employee dispute, you can find the help you require.
A variety of federal and state regulations defend individuals from prohibited job discrimination. While not every situation is shielded (such as weight, tattoos, and other differences), there are many circumstances in which you are shielded from discrimination for being a member of a “protected class.” These protected classes may include race, ethnic background, pregnancy, disability, sexual preference, and age, just to name a few.
The Age Discrimination Act of 1967 forbids discrimination against any person based on age. Discrimination based on race, gender, national origin or religion is banned by the Florida Civil Rights Act and Title VII of the federal Civil Rights Act. Disabled persons are shielded from discrimination under both Florida state regulations, and certain federal protections. Additional Florida law bans discrimination based on employees’ HIV\/AIDS status.
In addition to the above-described federal protections, Florida also bans discrimination against any worker because of marital situation. An employment attorney in Jacksonville will be able to tell you about your protected situation under one or more of these regulations, and help you figure out your case.
There are two bureaus that deal with individual grievances of unlawful career discrimination in Florida: the federal Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). An staff member claiming discrimination must file a complaint with either of these bureaus in advance of taking any steps in court. Your employment attorney in Jacksonville can help you comprehend the requirements of these filings, and any timelines or procedures you require to be aware of.
Once the bureau has ended its analysis, the litigant can pursue a case, or seek remedy directly from the involved agency. Seeking remuneration under the department could result in receiving back pay, being restored to your function, or being paid damages; however, a civil court proceeding may result in much more significant damages or settlements.
If you are subjected to undesirable, repeated harassment or abuse by another staff member based on your sex, you are safeguarded under the regulation. These types of conducts are banned under both state and federal laws. Even if the conduct to which you are subjected is not overtly sexual in nature, if you are being targeted based on your sex, you are entitled to protection and compensation under the regulation.
In many actions, a Jacksonville employment attorney can help you with contract concerns as well as discrimination or harassment. Most Florida employees don’t work under contract, with the exception of executives and union staff members. In most lawsuits, however, employees are considered “at will” - which means either party can end the working arrangement for any cause not banned by law.
Breach of contract concerns come up when the employer and former worker disagree on the cause for the firing, or the legitimacy of the cause. When you are gone up against with a contract issue on the career, it is in your best interest to find a qualified Jacksonville employment attorney to review your action.
Florida regulation 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 instructed that these clauses not be too far-reaching or too hard to enforce, they’ve embraced the general concept more than most other state courts. Figuring out when and if these contracts are enforceable can require the assistance of a professional attorney.
No matter what side of the table you’re on, employment law is a complicated and involved subject. A good Jacksonville employment attorney will know the law and how to use it your advantage.
