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Florida

Use formal application processes to ward off failure-to-hire/promote lawsuits

12/13/2011
You might assume that, before suing for failure to hire, job seekers and employees going for promotions would have to actually apply for the jobs they didn’t get. Unless your company has a robust, easy-to-use posting and application process, you could be wrong.

New Florida FMLA status: Pet abuse victim?

12/13/2011
State Sen. Mike Fasano has proposed an amendment to Florida’s Family and Medical Leave Act that would allow workers to take time off to protect their pets from potential domestic abuse.

FMLA: No reinstatement guarantee for trial job

12/13/2011
Here’s a twist on the FMLA’s requirement to restore an employee to her previous job after she returns from leave: If an employee has been provisionally promoted but takes intermittent FMLA leave, she’s not necessarily entitled to the new job when her leave expires.

Keep full records on length of try-out stints

12/13/2011
Some employers prefer to offer employees a trial run before making a new promotion official. There’s a danger, though: If you end up keeping the employee on “training” status longer than you did others who don’t share his protected class, he may claim discrimination.

After hours: How to regulate employees’ off-duty behavior

11/29/2011
Employers can regulate what employees do away from work—but only within narrow limits. There are often good reasons to. Some off-duty acts reflect poorly on employers, raise insurance costs and create conflicts of interest. Here’s how to make the call.

Document poor attitude, just in case of lawsuit

11/25/2011
Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Freeport firefighter claims union talk led to firing

11/09/2011
Legal action is heating up the Panhandle town of Freeport, after firefighter John Carter sued the mayor and the fire chief.

ACLU, TSA settle case of HIV-positive applicant

11/09/2011
The federal Transportation Security Administration has settled a lawsuit brought by the national ACLU and its Florida chapter. The ACLU filed an administrative complaint on behalf of an HIV-positive Air Force veteran who was rejected for a job as a transportation security officer because of his HIV status.

You’re hired! Oh, you’re pregnant? You’re fired!

11/09/2011
Capri Healthcare in Clearwater is being sued following an EEOC complaint that it rescinded a job offer as soon as it found out its new employee was pregnant.

Warning letter typically isn’t an adverse reaction

11/09/2011
Not everything negative that happens to an employee is the basis for a lawsuit. Employees have to allege both that they were on the receiving end of some sort of negative feedback and that there were consequences that changed the terms and conditions of employment.