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Florida

FGCU settles age discrimination case

04/01/2008
Florida Gulf Coast University may pay as much as $650,000 to settle an age and gender discrimination lawsuit with Johnny McGaha, former dean of the college of professional studies. When he was demoted to a professorship in 2005, McGaha, 64, said the move was retaliation …

Wage-and-Hour suits are hot

04/01/2008
Wage-and-hour lawsuits are growing exponentially, according to the fourth Annual Workplace Class Action Litigation Report from national law firm Seyfarth Shaw LLP. The U.S. District Courts for the Southern and Middle Districts of Florida led the way with more wage-and-hour filings than any other federal jurisdictions …

Golden Corral faces harassment suit

04/01/2008
Four former employees are suing Raleigh, N.C.-based Golden Corral Corp. for sexual harassment they say they endured while working at a restaurant in Port Richie. The plaintiffs claim three male workers, including an associate manager, sexually harassed them repeatedly …

Florida firms make Fortune’s ‘Best to work for’ list

04/01/2008
Fortune magazine recently published its 2008 list of “100 Best Companies to Work For,” and three Florida-based companies made the list: Baptist Health South of Florida, JM Family Enterprises and Publix Supermarkets …

Florida employers would be wise to have a computer-Use policy

04/01/2008
It may not be a knife or a gun, but a computer is often a choice weapon when an employee decides to commit a crime. Employers that do not have—or consistently enforce—a computer-use policy may face unintended liability …

Warn hiring managers: No reference to age allowed

03/01/2008

It seems like such a simple rule. Never comment on an applicant’s age or other protected characteristics. Remind managers it takes just one stupid comment to provoke a lawsuit. Emphasize that refusing to interview a qualified candidate because of a stated prejudice almost automatically qualifies as an adverse employment action. That makes it almost certain you will lose.

No mandatory arbitration agreement if EEOC case is pending

03/01/2008

If, like many employers, you require arbitration to settle employment disputes instead of allowing costly court fights, be aware of a new danger. The 11th Circuit Court of Appeals recently clarified that an employee’s refusal to sign an arbitration agreement when he already has a pending EEOC complaint is protected activity. Firing such an employee for refusing to sign is retaliation …

Beware temptation to overstate fired worker’s faults

03/01/2008

Firing an employee is never easy, but there’s no reason to try to justify your decision by piling on a litany of reasons to discharge a poorly performing employee. That just complicates the process. Chances are, a court won’t second-guess you if you simply stick to the strongest reason you have for the firing …

Accommodations working? Then avoid sudden change of heart following injury

03/01/2008

Disabled employees who receive ADA accommodations expect those accommodations to continue even after an unrelated minor injury. If you suddenly remove the accommodation, you may find yourself facing a “regarded-as-disabled” lawsuit …

Track training opportunities, participation to show you don’t discriminate

03/01/2008

Employees who belong to a protected class often sue for discrimination if they feel they have been denied training and education opportunities. That’s why you should carefully track what training courses or experiences you offer, the minimum qualifications for each opportunity and who ends up taking advantage of each one …