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Florida

Don’t let complaint derail improvement plan

03/30/2012

Some employees seem to believe they can stop disciplinary action just by complaining about alleged discrimination. That isn’t true. A supervisor who has begun a push for improvement can and should continue with the effort despite the complaint. There’s no reason to worry that legitimate management amounts to retaliation.

Judge douses decision that gave $189K to Pasco firefighters

03/13/2012
An appeals court has thrown cold water on two Pasco firefighters who won a $189,000 jury award. The appellate judge overturned a lower court’s decision in a discrimination lawsuit they filed against Pasco County and the firefighter’s union.

Miami photo shop is focus of EEOC lawsuit

03/13/2012
Miami’s Piloto Photo Center faces sexual harassment charges after female employees alleged the owner subjected them to graphic sexual comments and demeaning name-calling. Two former employees, including one manager, claim they were fired for opposing the harassment.

Employee tried to comply? He may get unemployment

03/13/2012
The Court of Appeal of Florida has concluded that employees fired for poor attendance must have a chance to show they tried to comply with their employer’s attendance policies before they are denied unemployment compensation benefits.

Threatening behavior trumps employee’s disability claim

03/13/2012

Employees who are suffering from depression, anxiety or other psychological problems may be disabled, but that doesn’t mean they’re excused from following the rules. For example, employers don’t have to tolerate threats, even if the threats concern the employee’s disability.

Employee ‘had a hunch’ about bias? That’s not enough to support retaliation suit

03/13/2012
Employees who experience retaliation for complaining about discrimination don’t have to prove bias to win a retaliation lawsuit. But that doesn’t mean that a mere suspicion or hunch that an employer is discriminating is enough.

When employee’s religion conflicts with duties, explore reasonable accommodations

03/13/2012
More and more, employees claiming deeply held religious beliefs are refusing to perform parts of their jobs they believe conflict with their faith. Offering a reasonable accommodation is the best approach.

When worker returns from FMLA leave, it’s OK to assign equivalent job at different location

03/13/2012

Employees who take FMLA leave are entitled to return to their job or to an equivalent one. If the FMLA absence necessitated hiring a replacement, there’s no obligation to remove or transfer the new hire—as long as the returning employee receives an equivalent position. That position can even include a transfer to a different location …

More union members in 2011, thanks to private-sector gains

03/13/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. In Florida, only 6.3% of employees belong to a labor union.

Seek ways to show worker didn’t feel harassed

03/13/2012

Employees have to prove two things when they allege they had to work in a sexually hostile environment. They have to persuade the court that, objectively, the environment was toxic. They also have to show that subjectively they felt harassed. Smart employers can attack the second claim …