While the Americans with Disability Act (ADA) and Florida Civil Rights Act (FCRA) aim to ensure that disabled people are given adequate accommodations for their disability, both statutes only protect persons who are, or are perceived as, “disabled” as defined under the ADA. Some terminated employees have sued their former employers under the ADA and…
Continue reading ›Contracts often prohibit parties from changing the contract terms unless it is in writing and signed by the parties. The purpose of this clause is to establish proof that the parties agreed to the modification of the contract. Parties will often ignore or forget about these clauses. So, when parties appear to have modified the…
Continue reading ›Prior material breach is a defense to a contractual claim when an employer breached an essential term of the contract. The effect of this defense against enforcement of the non-compete agreement is that the employee can be released from his or her obligations under the contract. Because sexual harassment is strongly prohibited by both Florida…
Continue reading ›This article is part three of a three-part series concerning employer defense against class action certification of employment law claims. Peter Mavrick is a Fort Lauderdale employment attorney, who also represents businesses in Miami and Palm Beach. The Mavrick Law Firm defends the interests of businesses and business owners in employment law disputes, including lawsuits…
Continue reading ›Recovery of business losses for another party’s wrongful actions can often be insufficient without recovery of “lost profits.” Lost profits consist of the amount of profit a business would have earned, absent the breach of contract. Proof of lost profits must be based on evidence that is reasonably certain and not based on speculation. Proof…
Continue reading ›Prior breach is a common defense to a lawsuit to enforce a confidentiality provision (similar to a non-compete agreement). Generally, a material (essential) breach of an agreement allows the non-breaching party to treat the breach as a complete discharge of his or her contractual liability. In re: Walter M. Thomas, Debtor, 51 B.R. 653 (M.D.…
Continue reading ›Contracts often include exculpatory provisions, usually known as “limitation of liability” clauses. An exculpatory clause typically relieves one party of liability for damages they may cause to the other party during the execution of the contract. A party will usually limit its liability to the amounts it would have been paid under the contract. When…
Continue reading ›This article is part two of a three-part series discussing how employers may successfully challenge class certification of lawsuits seeking overtime and minimum wages. The federal Fair Labor Standards Act (FLSA) sets forth a unique procedure of “collective actions,” instead of “class actions.” A collective action requires cumbersome procedures to get putative plaintiffs to join…
Continue reading ›Florida law generally requires that a party post a “bond” before a Judge will enter an injunction order that prohibits the opposing party from competing in violation of a non-compete agreement. The purpose of requiring a bond as a condition to issuance of a temporary injunction is to provide a sufficient funds to cover the…
Continue reading ›Florida law permits parties in litigation to issue offers of judgment and demands for judgment/proposals for settlement to their adversaries in litigation. If the opposing party accepts the offer, this will typically conclude litigation between the parties. If the opposing party refuses, and the offering party prevails by more than 25%, then the offering party…
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