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Florida

Public employers: Beware association discrimination

10/01/2007

Here’s a trap for unwary public employers. Public employees can sue their agencies if they experience discrimination based on their association with persons of different races. That’s why it’s important to keep things professional and avoid any comments on an employee’s personal life or choice of associates …

Is your arbitration clause broad enough to protect you?

10/01/2007

If you use an arbitration clause to limit federal lawsuits, now is a good time to review the terms. As an employer in the 11th Circuit, you can require employees to arbitrate just about any employment dispute. That can be a distinct advantage, especially as more and more attorneys representing employees push for class-action lawsuits. If employees agree to arbitration, it’s far less likely the case will mushroom to include all similarly situated employees …

Public supervisors who report fraud are immune from defamation claims

10/01/2007

Good news for supervisors who work in the public sector: Reporting suspected fraud and workers’ compensation abuse won’t lead to losing a defamation case. Nor will commenting on the possibility that someone is facing criminal charges for fraud. That’s true even if the employee suspected of wrongdoing is cleared entirely and the accusations were largely unfounded …

‘Rubber stamp theory’ applies to Civil Service decisions, too

10/01/2007

Employees who claim they were fired illegally and whose jobs are protected by the Civil Service Act can win their lawsuits—if they can prove the Civil Service Board merely rubber-stamped a supervisor’s discriminatory decision. Until now, it was unclear whether that was the case …

St. Augustine florist sues over manager’s wilting remarks

10/01/2007

When Michaels, a chain of arts-and-crafts stores headquartered in Irving, TX, transferred manager Daniel Zimmerman into its St. Augustine store, upper management received numerous complaints from staff about his rudeness. Joseph Lewis, a floral designer suing the company for age and gender discrimination and retaliation, said employees began “dropping like flies” after Zimmerman joined the store …

Never on Sunday if employee claims religious need

10/01/2007

The U.S. Justice Department recently settled a complaint with Palm Beach County to accommodate a park ranger’s request to be given Sundays off so he could attend church and obey the rules of his religious faith …

Gambling-Addiction defense fails Palm Beach embezzler

10/01/2007

Donna Duffer, former Palm Beach County Convention and Visitors Bureau controller, blamed a gambling addiction for her embezzlement of $1.6 million from the bureau. The theft, uncovered last fall, left the bureau’s budget in tatters and cost some staffers their jobs. Duffer stole withholdings from employee paychecks, leaving many employees holding the bag for back tax bills …

NASA employee shoots the moon on company credit card

10/01/2007

NASA recently found its accounts short by more than $157,000. Elizabeth Osborne, a 31-year NASA veteran, used her NASA-issued bank card to make more than 436 personal purchases in Tampa area stores between 2001 and 2005 …

Hispanic manager cannot object to diversity report

10/01/2007

Eduardo Padilla, an information technology manager for the North Broward Hospital District, filed a discrimination and retaliation lawsuit alleging he was laid off because he was Hispanic …

The smoke-Free workplace: complying with Florida law

10/01/2007

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of …