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Employment Disputes Archives

Florida's Whistleblower Laws Are an Exception to At-Will Employment

Florida, like many other states, enforces an at-will employment policy. This set of rules allows employees and employers to terminate their working relationship at any time, for any reason, without warning. The caveat to this rule is that actions by employers must not be considered discriminatory.

What Employers Can Learn From Google's Recent Diversity Battle

Google's recent controversy over a 10-page memo written by a male employee who claimed women were biologically and emotionally inferior to men is one in a string of recent highly publicized eruptions of bias in the workplace. In addition to the outrage caused by the memo itself, the company's initial response was seen as rather lackluster, and there was concern that other employees may have agreed with the memo.

Can Off-Duty Bad Conduct Warrant Termination?

The division between personal and work life often becomes blurred, especially if the person in question functions as a very public representative of the company that he or she works for. For most people, though, it is still possible to keep personal lives separate from work. However, this hasn't stopped employers from terminating workers who behave in unsavory ways off the clock. Whether this is appropriate, though, depends on the situation.

Second Circuit Rules Facebook Rant Was Protected Activity

A recent 2nd Circuit court ruling will affect how employers have to deal with employees who make profane comments about their place of employment or associated workers outside of work time. The April 21st ruling noted that an employee's Facebook rant, in which the employee used profanity to describe a supervisor, was protected speech because the employee was in the middle of union talks and then used the post's subject matter to promote the union. The employee had been fired for the rant, but the court's decision means that now, firing for a similar situation will not be the go-to option for employers.

How To Prevent Criminal Record Employment Discrimination

As an employer, you know that the process of screening and hiring new applicants comes with a significant level of responsibility. You want to make the best possible decisions, ensuring that new hires will be able to safely and reliably perform the duties of the job and fit well into your overall company culture. You are tasked with the need to conduct a thorough screening process while also carefully avoiding any real or perceived violations of state and Federal anti-discrimination laws.

Some important considerations for employers during the hiring process - II

A few weeks back, we discussed how even though business owners in every field understandably want to fill their employee roster with the best and brightest, they must always take steps to ensure compliance with federal discrimination laws, as the failure to do so can have serious consequences.

EEOC announces settlement in historic sexual orientation discrimination lawsuit

The U.S. Equal Employment Opportunity Commission, the federal agency tasked with enforcing anti-discrimination laws, made history when it filed one of the first ever sexual orientation discrimination lawsuits back in March.

Some important considerations for employers during the hiring process

Ask owners of any thriving business and they will tell you that the old saying really is true: they are only as successful as their employees. Indeed, this reality leads every business owner, regardless of their field, to strive to fill his/her ranks with the best possible candidates.

What Florida law has to say about employee drug testing - II

Last time, our blog began discussing how Florida employers seeking to establish qualifying drug-free workplace programs -- and enjoy the reduced work comp premiums that come from such a step -- are afforded considerable authority when it comes to the drug testing of both job applicants and employees.

What Florida law has to say about employee drug testing

Given the constant and growing dialogue both here in Florida and across the nation about the legalization of marijuana for medicinal or recreational purposes, it's only natural that questions might arise as to what impact, if any, these conversations -- and even some decriminalization measures -- have had on the area of employee drug testing.

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