An oral agreement is usually binding but not always. Florida has a statute of frauds so certain types of contracts are not binding unless they’re in writing and signed by the party against whom it’s charged. For example, selling a house or a piece of real property requires a written…
There are several alternatives to going to court. The most common sense way is to either directly try to resolve it with the other party, or have the party’s attorneys discuss it with each other. Other means of resolution are mediation, that’s a very common method, and also, arbitration. Both…
Typically no employee is entitled to severance pay unless there is a contractual obligation during the employment relationship where the employer and the employee had agreed that earlier in the relationship that when the relationship ends the employee is entitled to a certain amount of severance.
A protected characteristic would include things such as the age of the person or their gender or their race or their ethnicity. Those are factors that the low considers to be typically irrelevant to whether a person is really doing a good job. Most employers aren’t going to be interested…
The Temporary employees can file discrimination claims, but only certain types of discrimination claims. Some claims require a certain period of employment for the employee to bring the claim. In other words, they had to be with the employer for a certain period of time to be able to have…
Sometimes managers have to be paid overtime, sometimes managers do not — it depends on the duties of the actual managers. The overtime wage law, which is called the Fair Labor Standards Act, has a provision for executive-level employees, which some managers fall within that requirement. That would include being…
If an employee is pregnant, the employee still can be fired. The law prohibits the employer from treating the employee worse than any other employee, so if the employee does not do a good job and happens to be pregnant, the employee still can be terminated, and it still would…
There is no general limit for an employer to tell an employee how many hours to work. Now, there are exceptions. Certain industries have legal requirements that an employee cannot work beyond a certain number of hours for public safety reasons, and in those situations, the employer is limited as…
The EOC resolves discrimination charges by investigating the charges so when the charge of discrimination is filed by an employee the employer is contacted by the EOC for a response. The employer will provide a written response including documentation. These responses typically will include what happened with this employee, what…
Most employees file charges of discrimination by contacting the EEOC, the Equal Employment Opportunity Commission. They will be given a form and they will complete a form, and they will meet with somebody at the agency to assist in completed that form.