Wednesday, February 22nd, 2012

Jacksonville Employment Attorney: On Your Side

January 24, 2012 by  
Filed under Featured

Have you lately been fired and need an employment attorney in Jacksonville? Perhaps you are being held back by a non-competition contract you signed years ago? No matter what you are facing, a trustworthy attorney can assist you to sort out your legal rights and duties.

Jacksonville employment attorneys handle a wide variety of suits, from contract law and wrongful firing claims, to harassment and whistle-blower lawsuits. The problems are a concern to both individual and employers, and employment lawyers resolve various challenges, sometimes representing either side of the coin in various cases.

There are various state and federal protections for employees in suits of discrimination. While not every situation is protected (such as weight, tattoos, and other differences), there are many situations in which you are shielded from discrimination for belonging to a “protected class.” These protected classes may include race, ethnic background, pregnancy, handicap, sexual preference, and age, just to classify a few.
The Age Discrimination Act of 1967 forbids discrimination against any person based on age. Discrimination based on race, gender, national origin or religion is banned by the Florida Civil Rights Act and Title VII of the federal Civil Rights Act. Handicap discrimination is covered by both the Florida Civil Rights Act and the Americans with Disabilities Act. Separate protections exist for those affected by HIV or the AIDS virus.

In addition to the above-described federal protections, Florida also bans discrimination against any individual because of marital situation. An employment attorney in Jacksonville will be able to tell you about your protected status under one or more of these laws, and help you understand your action.
The EEOC and the FCHR are two offices that handle complaints for wrongful firing based on State and federally-protected classes. An worker claiming discrimination must record a complaint with either of these bureaus before taking any action in court. A Jacksonville employment attorney can be helpful in traversing these departments, which have various time frames and bureaucratic procedures.

Once the office has ended its investigation, the claimant can pursue a lawsuit, or seek remedy directly from the involved agency. Seeking remuneration under the bureau could result in acquiring back pay, being brought back to your job, or being paid damages; however, a civil court proceeding may result in much higher damages or settlements.

If you are subjected to unwanted, repeated harassment or abuse by another staff member based on your gender, you are shielded under the law. These types of conducts are prohibited under both state and federal laws. Even if the treatment to which you are subjected is not overtly sexual in nature, if you are being targeted based on your gender, you are entitled to protection and settlement under the regulation.

Jacksonville employment attorneys also deal with breach-of-contract issues. Although many workers in the state of Florida do not work under a contract, there are some suits where an employee might be constrained by a non-compete or a collective bargaining agreement. Instead, workers are “at will,” meaning they can be terminated for any reason, provided it’s not unlawful discrimination.

Breach of contract concerns come up when the job and former employee disagree on the cause for the firing, or the legitimacy of the cause. When you are endured with a contract issue on the job, it is in your best interest to find a qualified Jacksonville employment attorney to review your case.

Florida is a popular area for so-called non-compete clauses, which prohibit workers from working for the competitors of companies they’ve recently left. Although the agreements must be specific in scope, duration, and industry, the courts do sometimes side with the company in lawsuits where an employee leaves for a company which may represent a competing interest. Figuring out when and if these agreements are enforceable can require the assistance of a professional attorney.

Employment regulation can be confusing, regardless of whether you’re an employer or staff member, and knowledge is important. Your best step in understanding your job and obligations is to find a Jacksonville employment attorney to review your case.

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