Employment law is a vast area of legal practice that includes just about all aspects of the employer/employee relationship and is often governed jointly by both federal, state and administrative statutes.
There are extensive federal and Florida state statutes, administrative regulations and rulings, and case law that pertain to employment law. The laws cover a variety of types of workers, employment situations, and employers. Here are a few of the key terms pertaining to employment law in our state.
Employment “At-Will”
You may have heard of the term, “employment at will.” Florida is an “at will” employment state, which means that typically employees can be fired for just about any reason, no reason, a good reason or a bad reason. The exceptions to the employment at will doctrine is that employees cannot be fired for an illegal reason or motive. Likewise, employees who are covered by an employment contract or union agreement governing the terms of their employment may enjoy more protection than most at will employees depending on the specific terms of their contact or union related agreement.
Wrongful Termination
Unlawful terminations violate protections for employees under federal and state laws, including discrimination, sexual harassment, whistleblower provisions and anti-retaliation statutes protecting employees who assert certain legal rights or otherwise engage in legally protected speech or conduct. Claims for a wrongful termination are very fact specific and, likewise, must fit under a specific law, rule or regulation that protects employees from such conduct. Employees who believe that they have suffered a wrongful termination should seek immediate advice from competent counsel in order to assess the situation and make an informed decision as to whether or not they should pursue such a wrongful termination claim.
The Hiring Process
Job applicants are also protected by federal and state employment laws. It’s illegal for a prospective employer to not hire you based upon your race, color, religion, age, genetic information, disability, sex or national origin.
An interviewer can’t ask questions to which your answers will reveal your status in one of those groups. For example, they can’t ask: How old are you? Are you married? Any kids? How’s your health?
Such questions are generally illegal and specific employment laws have been enacted to assist individuals who are trying to obtain an employment position or attempting to do their best at work without having to worry about negative consequences due to some protected attribute, such as their race, religion, age, disability and/or gender.
While employment laws provide guidance for both employers and employees as to how they can and cannot conduct themselves when the parties are considering entering into an employment relationship, each situation must be viewed on a case by case basis.
Attorney Bradley Tobin has been helping individuals who have been subjected to illegal treatment by employers for more than 18 years. Both Mr. Tobin and his staff make sure that your case is a priority and receives the special attention it deserves. You’ll be part of the process and know where and how things are going every step of the way. Contact Attorney Tobin at (813) 452-6199 or by email at btobin@tobinlawgroup.com and get answers to your employment law questions from an experienced employment law specialist.
