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Florida

Fired employee for poor judgment? He may still qualify for unemployment comp

08/06/2010

Employees who are terminated for misconduct aren’t entitled to unemployment compensation. However, what rises to the level of misconduct requires an individualized assessment. In fact, using poor judgment alone isn’t misconduct. Employees who make a mistake are eligible for benefits, and the mistake doesn’t have to be a work mistake.

Remember, ADA disability requires substantial impairment of major life activity

08/06/2010

Some employees think that if they have a learning disability, they are automatically disabled and entitled to an accommodation under the ADA. That’s not necessarily so. Such employees still have to prove that their specific learning disability substantially impairs a major life function, such as learning.

Cloud over working mothers in Sunshine State

08/06/2010
Forbes magazine has just published its list of the best cities in the United States for working mothers. Florida fared poorly, largely because of low rankings for three of the state’s largest metro areas: Jacksonville, Miami-Fort Lauderdale and Orlando.

Diagnosis just start of ADA assessment process

08/06/2010

The ADA protects Americans from discrimination based on disability. But to be classified as disabled, employees and applicants have to show that they have more than transient or minor problems. Even a diagnosis is only a starting point since different conditions affect people in varied ways. Each individual is assessed based on his or her unique situation to see whether the condition underlying a diagnosis substantially impairs a major life function when compared to the average person.

Bias charges false? Discipline isn’t retaliation

08/06/2010

Not every discrimination claim turns out to be true. Some may be exaggerated, others just downright false. If you investigate a complaint and conclude that it was untrue, you can and should discipline the employee.

Using the Supreme Court’s model to prevent employment lawsuits

07/13/2010

You know you have an obligation to eliminate discrimination, harassment and retaliation. You know you have to make sure employees don’t harass co-workers or subordinates, or harm customers and others. On the other hand, you know applicants and employees have a right to privacy that is protected by state and federal laws. It’s a balancing act: Just how do you protect workers on the one hand, while respecting their privacy on the other?

Orlando’s Hilton Grand, EEOC settle pregnancy bias case

07/13/2010
Orlando-based Hilton Grand Vacations has agreed to settle an EEOC pregnancy discrimination lawsuit in which a former employee claimed the company asked her to resign during a difficult pregnancy in return for a promise to rehire her after her child was born.

Balance Staffing blindsided by recruiter’s ADA lawsuit

07/13/2010

Balance Staffing’s short-sighted treatment of a visually impaired recruiter will cost it $100,000 to settle a disability discrimination suit. Balance Staffing, a nationwide temp agency with operations in Florida, hired Jocelyn Snower. Snower was an experienced recruiter, but company owner Robert Feinstein did not know she was blind when he hired her. When he found out, he immediately fired her …

Bank of America workers sue for overtime

07/13/2010

Workers at Bank of America’s retail branches and call centers in five states have filed a lawsuit claiming they are due unpaid overtime from the banking giant. The suit, filed in federal district court in Kansas, alleges the bank requires employees to work more than 40 hours per week, but only pays them for 40.

No notice when suing gov’t for workers’ comp retaliation

07/13/2010

Floridians who want to sue local governments or the state for personal injuries must give the government advance notice that they are preparing a lawsuit. But what about claims for retaliation for filing a workers’ compensation claim when the governmental unit is the employer?