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 Orlando,
Florida Employment Law Lawyer / Attorney
Under Florida law, an individual can be fired
for any reason. Employees in Florida who are
employed without contracts are considered to be
at-will, meaning that they can be dismissed at
the discretion of their employer at any time and
for any reason. The federal and state
employment discrimination laws essentially
provide an exception to the employment at-will
doctrine.
Employment discrimination is the unlawful use of
age, race, gender, color, national origin or
religion to deny an individual either an
opportunity to work or to work under the same
conditions as others. One must be able to prove
that (1) he or she is a member of a protected
class; (2) discrimination was evident in the
terms or conditions of employment; and (3) as a
result damages were suffered.
An essential requirement to pursuing an action
for employment discrimination is the filing of a
complaint with either the
Equal Employment
Opportunity Commission (EEOC)
or the Florida Commission on Human Relations ("FCHR").
Although it is not necessary to consult with an
attorney before contacting the
EEOC or
FCHR,
lawyers can assist in making a determination
whether or not to file a charge with the
EEOC or
the
FCHR.
Retaliation is a
form of revenge against an employee who had previously taken
steps seeking to enforce his or her rights protected under state
or federal law. The laws prohibiting discrimination in the work
place also prohibit any retaliatory action being taken against
an employee by an employer because the employee has asserted
rights or made complaints under those laws. So, even if a
complaint of discrimination against an employer is later found
to be invalid or without merit, the employee cannot be penalized
in retaliation for having made such a complaint if the employee
made the complaint as a means of seeking to enforce what the
employee believed in good faith to be his or her lawful rights.
In order to
prevail on a claim of retaliation, the employee must prove by a
preponderance of the evidence: First: That he or she
engaged in statutorily protected activity, that is, that he or
she in good faith asserted claims or complaints of
discrimination prohibited by state or federal law; Second:
That an adverse employment action then occurred; Third:
That the adverse employment action was causally related to the
employee's statutorily protected activities; and Fourth:
That the employee suffered damages as a proximate or legal
result of such adverse employment action.
My staff and I welcome you to our office. My fees, which are
based upon my knowledge, skill, and the complexity of your legal
matter, will be consistent with the high quality service you
will receive. When you retain me, I work for you and for your
best interests. You can feel free to call upon me or my staff at
any time to impart information or to seek answers to your
questions.
For a confidential
consultation regarding potential employment
dispute cases, contact the Law Office of N. James
Turner, Esq., P.A. at
(407) 422-6464
The
hiring of a lawyer is an important decision that should not
be based solely on advertisements. Before you decide on the
hiring of a lawyer, you should learn about the lawyer's qualifications
and experience.
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