Employment Law Frequently Asked Questions

Employment Law Advice

What Is Title Vii And How Might It Help Me?

Part of the Civil Rights Act of 1964, Title VII protects individuals from discrimination in aspects of employment, including (but not limited to) pay, classification, termination, hiring, employment training, referral, promotion, and benefits based on the individuals color, nation of origin, race, sex, or religion.

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What is the Purpose of the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) protects disabled people from discrimination in public accommodation, employment, governmental activities, communications, and transportation.

What is the Occupational Safety and Health Act (OSHA)? Isn’t OSHA a government agency?

The Occupational Safety and Health Act (OSHA) set safety and health standards for employers and employees in the workplace. It is the piece of legislation that established the formation of the Occupational Safety and Health Administration, which is the organization that enforces the regulations.

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What Is At-will Employment? How Do I Know If I’m An At-will Employee?

At-will employment means that an applicant is agreeing to an arrangement with the employer that employment can be terminated at any time, without notice, and without reason. Because at-will employment is a national standard (although not a law), an employee implies consent simply by entering into employment. So unless a statement to the contrary is in the employees hiring papers or contract, they are automatically an at-will employee. However, if an employee has reason to believe they were fired due to discrimination or other illegal practices, they should contact an attorney experienced in Employment & Labor Law right away.

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How Does The Family And Medical Leave Act (FMLA) Impact Employers?

Under the Family and Medical Leave Act (FMLA), eligible private employers are required to provide leave for selected military, family, and medical reasons. Note that the required leave under this law is unpaid.

How does the Fair Labor Standards Act (FLSA) Work?

Part of the Civil Rights Act of 1964, Title VII protects individuals from discrimination in aspects of employment, including (but not limited to) pay, classification, termination, hiring, employment training, referral, promotion, and benefits based on (among other things) the individuals color, nation of origin, race, gender, or status as a veteran.

How Can I Make Sure My Employer Accommodates My Disability?

It is up to the employee to make sure the employer knows of the disability and to let the employer know that an accommodation is required.  It is not the employer’s responsibility to recognize that the employee has a need first.  Once a request is made, the employee and the employer need to work together to find if accommodations are actually necessary, and if so, what they will be.  Both parties have a responsibility to be cooperative.  An employer cannot propose only one unhelpful option and then refuse to offer further options, and employees cannot refuse to explain which duties are being impeded by their disability or refuse to give medical evidence of their disability.  If the employee refuses to give relevant medical evidence or explain why the accommodation is required, the employer cannot be held accountable for not making the accommodation.
Even if a person is filling out a job application, an employer may be required to make accommodations to assist the applicant in filling it out.  However, like an employee, the applicant is responsible for letting the employer know that an accommodation is required.  Then it is up to the employer to work with the applicant to complete the application process.

Does a potential employer have to tell me why I didn’t get the job?

No, they do not. Employers may even be instructed by their legal teams not to give any reason when delivering the bad news.

Do I Have To Verify The Citizenship Of My Employees If I Am A Small Business Owner?

Yes. Employers in the U.S. must verify both the identity and the employment eligibility of each of their employees. They must also verify whether or not their employees are U.S. citizens. These regulations were enacted by the Immigration Reform and Control Act. An employer would file an I-9 (Employment Eligibility Verification Form) and look over the employees submitted documentation alleging eligibility. By law, the employer must keep the I-9 forms for all employees until 3 years after the date of hiring, or until 1 year after termination (whichever comes last).

Can My Boss Really Fire Me For Literally No Reason?

Doesn’t seem fair, does it? Except for employees who are hired under contract, employment in the U.S. is generally “at-will.” In the state of Florida, this means employers are under no legal obligation to continue an employee’s employment for any amount of time, with or without notice, and with or without reason. Many companies have a “probationary period” for new employees, during which the employee understands they may be terminated without cause, but from that point on it may be assumed on the part of the employee that the employer will have to give a reason for the employee’s termination. This is simply not true. Any company that enters into this arrangement with its employees is extending a courtesy. Just because an employer may be allowed to fire an employee for no reason does not mean they can fire someone for any reason. If there is reason to believe termination was due to discrimination or any other illegal labor practices, contact an attorney experienced in Labor & Employment Law right away.

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