08/06/2010
				
Q. We are a private company that provides services under contract to a  subdivision of the state. Normally, before any tort lawsuit has been  filed against us related to our services to the state agency, we have  received a pre-suit notice as required under Section 768.25, Florida  Statutes, to trigger a waiver of sovereign immunity. A former employee  has brought a lawsuit against us, alleging that his discharge was  unlawful workers’ compensation retaliation under Section 440.205,  Florida Statutes. However, he never sent us a pre-suit notice for this  statutory tort. Can we get the case thrown out?				
			 
			
08/06/2010
				
Q. One of our security employees uses a hearing aid. He could not pass  the unaided hearing requirements of his job. As a result, we let him go.  His layoff occurred in 2007, when he first brought a claim for an  alleged violation of the ADA. He claims that with the subsequent  adoption of the ADA Amendments Act of 2008 (ADAAA), an employer is not  allowed to consider mitigating measures in determining whether an  employee has a disability. Can the ADAAA be retroactively applied so he  is deemed to have a disability under the ADA?