Author Archives: Jay Butchko
What Can I Do if My Employer Decides to Keep an Employee Who is Discriminating Against Me?
It may be that you’ve complained about someone at work who is discriminating/harassing or retaliating against you at your Florida workplace, yet nothing has been done – that person is still employed. Or, maybe the employer decided to hire someone that they knew or should have known had a background of harassing behavior or… Read More »
What Does it Mean to Be a Whistleblower against a Public Employer in Florida?
You might have heard about certain protections for whistleblowers in Florida, but how exactly does the law define a whistleblower in the public employment arena? And in practice, what does it mean to be a whistleblower at your public employer workplace? In order to help you understand what it means to be a whistleblower… Read More »
What is a Hostile Working Environment and What Should I Do if I Think I Have One?
Feel like the treatment you’re facing at work is unbearable? When might your workplace situation rises to the level of a hostile work environment claim? Hostile work environment claims are one of the most commonly misunderstood claims under the law. Many people believe that they have a hostile work environment claim when a coworker… Read More »
In Florida, Can I Have Two Different Employers For the Same Job? What is a Joint Employer?
It may be a term introduced to you from an initial job interview or maybe it is something that comes up when you’re completing your new hire paperwork: “joint employers.” Perhaps, for others, it is a term you’ve never heard in the workplace, but wondering if it may apply to your work situation. Generally… Read More »
What Does It Mean to “Mitigate Your Damages” in Your Employment Law Case, and Why Does It Matter?
An individual seeking to proceed with a claim for wrongful termination or discrimination in the workplace may be informed at some point of the need to “mitigate their damages.” But what does it mean to “mitigate damages” and why are these important in your employment claim? In short, mitigating your damages means that an employee… Read More »
Florida Court Holds Employee Who Testifies at Deposition is Covered for Whistleblower Protections Under Fla. Stat. 448.102 Addresses
In a recent ruling in the case of Bishop v. Olen Residential Property Corp pending before the Circuit Court of the Fifteenth Judicial Circuit of Palm Beach County, Judge Meenu Sasser held an employee who testifies at a deposition is covered under the second prong of the Florida Whistleblower Act (Fla. Stat. 448.102(2). Recognizing… Read More »
Age Discrimination in Florida Employment: Do I Have a Claim?
Concerned you have been the victim of age discrimination in Florida? Were you recently demoted or terminated for reasons that may have to do with your age? Or did you apply for a job recently, and do you suspect that the company decided not to hire you because of your age? You may be… Read More »
The Stress of It All: ADA Stressful Workplace Claims
There is no dispute that work can be stressful. But when does the stress of the job become so severe that it may qualify you to make a request for a reasonable accommodation under disability law, including Americans With Disabilities Act as Amended (ADA) accommodations from your employer? If the stress comes from the… Read More »
Am I an Independent Contractor or an Employee? And Can I Choose?
Many people who work in Florida, want to know if they are classified as independent contractors or employees. This is especially true for those who perform contracting work, are paid commission-only, or get paid through their own company (like an LLC), For instance, if you do part-time editing work for a local company, or… Read More »
Proposed Legislative Changes to the Florida Civil Rights Act and HB 1255
Change is a coming, but should you be worried? We’re talking about the Florida Civil Rights Act and HB 1255, a new bill has recently been introduced in the Florida House of Representatives by the Florida Commission on Human Relations, the entity charged with enforcing the Florida Civil Rights Act. The proposed legislation, HB… Read More »