Unlawful employment discrimination typically is created by Statute. For example, an employee has a Workers’ Compensation claim and the employer then terminates the employee. There are laws in Florida that bar or prohibit the employer from discriminating based on Workers’ Compensation retaliation. Other laws would include laws prohibiting race discrimination,…
Severance pay is either a voluntary payment by an employer when an employee is terminated, where the employer will pay the employee some money to ease the transition while the employee looks for new employment. Sometimes there is a contractual obligation to pay severance pay in the employment agreement. Many…
Vicarious liability is when one party is held liable for the acts of another. For example, an agent of another person goes and commits an act, for example, an accident. The person who is the principal who hired that agent can be sometimes responsible for the agent’s act. That’s called…
Piercing the corporate veil is a way to go behind the corporate form. Typically, people will incorporate the corporation to limit their liability, their risk to the investment in the corporation. It’s very difficult to go behind that corporate veil, which is the corporate entity, to protect your investment in…
The Faithful Servant Doctrine is a doctrine established in various courts that requires an employee to [disgorge 00:00:11] or repay the monies that he obtained or she obtained from the employer when the employee is being disloyal. An example would be where the employee is operating a competing business while…
Florida has a state statute that protects whistle blowers for private employers, it has another state statute that protects employees of public employers. The laws prohibit typically a person who has objected to or refused to participate in an unlawful activity of the employer and the laws protect the employee…
The ADEA is the federal anti-discrimination law called the Age Discrimination in Employment Act, and it prohibits discrimination of a person who’s at least 40 years old.
The typical measure of damages in a Breach of Contract lawsuit are what are called Expectation Damages. It’s what the party that signed the contract expected to recover based on the promises of the other party. For example, a builder of a house contracts with the owner of the house.…
An individual can file an employment discrimination lawsuit without a great deal of difficulty. Some employment discrimination laws require that there be an administrative process or an administrative remedy that’s exhausted such as going to the EOC or going to another government agency and having the agency first investigate the…
A charge of discrimination can be filed by a person who is allowed to be protected by a law. There are various laws in the state of Florida such as the Florida Civil Rights Act requiring at least 15 employees. Local ordinances also can reduce the minimum number of employees…