Have you lately been terminated and need an employment attorney in Jacksonville? Or possibly your career search is being hampered by a non-compete contract you signed with your previous company. No matter what you are enduring, a reliable attorney can help you sort out your legal rights and duties.
The employment law concerns tackled by Jacksonville employment attorneys include everything from contract disputes and wrongful job discrimination to sexual harassment and non-compete requirements, among other issues. The concerns are a concern to both employee and employers, and employment lawyers handle several obstacles, sometimes representing both sides of the coin in various cases.
There are a multitude of state and federal protections for individuals in lawsuits of discrimination. While not every situation is defended (such as weight, tattoos, and other differences), there are many circumstances in which you are sheltered from discrimination for being a member of a “protected class.” These protected classes may include race, ethnicity, pregnancy, handicap, sexual orientation, and age, just to classify a few.
Age discrimination is forbidden by the Florida Civil Due Act of 1992 and the federal Age Discrimination Act of 1967. Other classes, such as race, gender, ethnicity and religious affiliation are safeguarded by the Florida Civil Rights Act (FCRA) and federal Civil Rights laws. Handicap discrimination is covered by both the Florida Civil Rights Act and the Americans with Disabilities Act. Different protections exist for those affected by HIV or the AIDS virus.
In addition to the above-described federal protections, Florida also bans discrimination against any employee because of marital situation. An employment attorney in Jacksonville will be able to tell you about your protected status under one or more of these laws, and help you figure out your claim.
The EEOC and the FCHR are two departments that manage grievances for unfair firing based on State and federally-protected classes. In advance of court proceedings, a litigant must file a grievance with one or both of these agencies. A Jacksonville employment attorney can be helpful in understanding these agencies, which have different target dates and bureaucratic procedures.
Once the bureau has ended its examination, the plaintiff can pursue an action, or seek remedy directly from the involved office. Both avenues can lead to hirings, back pay, reinstatements and monetary damages, but unlike the two agencies, the civil courts can award unlimited damages.
Sexual harassment claims arise when a worker is targeted by a superior or associate with persisting, unwanted abuse based on his or her sex. Both federal and state regulations prohibit this behavior and provide targets with remedies. The nature of the harassment doesn’t have to be sexual in order for it to be forbidden, as long as it’s based on the target’s sex.
Jacksonville employment attorneys also deal with breach-of-contract issues. Although many staff members in the state of Florida do not work under a contract, there are some suits where a staff member might be constrained by a non-compete or a collective bargaining agreement. Instead, workers are “at will,” meaning they can be fired for any reason, provided it’s not prohibited discrimination.
Breach of contract issues come up when the employer and former worker disagree on the cause for the firing, or the legitimacy of the cause. When you are endured with a contract problem on the career, it is in your best interest to find a qualified Jacksonville employment attorney to review your lawsuit.
Florida is a popular area for so-called non-compete clauses, which forbid staff members from working for the competitors of employers they’ve recently left. Although Florida courts have required that these clauses not be too vague or too hard to impose, they’ve embraced the general concept more than most other state courts. A trustworthy attorney will be able to review your contract, and shepherd you on its enforceability and legality.
Employment regulation can be confusing, regardless of whether you’re a job or employee, and knowledge is important. A great Jacksonville employment attorney will know the law and how to use it your advantage.