Author Archives: Jay Butchko
Is There a Difference Between Discrimination and Retaliation?
Being treated unfairly in the workplace is an experience that should not happen to anyone. However, employers do engage in various forms of adverse treatment of employees, and in many cases, adverse treatment can constitute unlawful discrimination or unlawful harassment. If you are facing unfair treatment in your workplace, you might have started searching… Read More »
Did I Experience Unlawful Age Discrimination?
When you are applying for a new job for which you ultimately are not hired, or when you are laid off from a job only to find out that the company ended up hiring another employee to fill your position, you might wonder if you were discriminated against in the hiring process or in… Read More »
Can I Take FMLA Leave to Care for a Sick Family Member?
When an employee needs to take a significant amount of time off from work and does not have sufficient sick days or paid time off to cover the days away, it may be possible to take unpaid, job-protected leave under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that… Read More »
Am I Entitled to a Disability Accommodation?
If you have a physical or mental condition that makes it more difficult for you to perform your job as the position is currently structured, you may be wondering if you could be entitled to a disability accommodation under the law. Title I of the Americans with Disabilities Act (ADA) provides a range of… Read More »
What to Know About Employment in an At-Will State
Florida, like most other states in the country, is what is known as an at-will state for employment purposes. Indeed, according to the National Conference of State Legislatures (NCSL), “employment relationships are presumed to be ‘at-will’ in all US states except Montana,” and the “US is one of a handful of countries where employment… Read More »
How to Prove Wrongful Termination
A majority of Florida employees do not have employment contracts with their employers, which means they are at-will employees. Florida is an at-will employment state, which means that, unless an employee has entered into an employment contract with their employer, they can be terminated for any time and for any reason, and on the… Read More »
What is a Constructive Discharge?
Is it possible to file a wrongful discrimination claim after you make the decision to quit your job? In some instances, an employer takes actions or engages in behaviors that make an employee’s job so intolerable that they decide to quit. Depending on the specific facts of the case and the details surrounding the… Read More »
How to Document Employment Discrimination
When you are facing discrimination in your current workplace, or when you have faced discrimination as a job applicant, it is critical to have evidence if you want to file a claim. However, it may be more difficult than you were hoping to document employment discrimination and to have a sufficient evidentiary record of… Read More »
How Does Pregnancy Leave Work in Florida?
Needing to take a significant time away from your job can be concerning and frustrating, especially if you are not certain about the rights you have at your Florida workplace under state and federal law. In particular, for employees who are pregnant or planning to become pregnant, finding out about leave is critical, and… Read More »
Can My Current Employer Enforce a Non-Compete Agreement I Signed?
Did you sign a non-compete agreement when you began working for your current employer or at any time during the course of your employment? If you did, and you are now considering a new job with another employer that is like your current work, you may be concerned about whether or not your employer… Read More »
