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If I miss work due to an injury or illness how do I know if I have short-term or long-term disability benefits available to me?

By Kelly Barcia Nuñez |

If a disability plan is sponsored through your employer, it may be covered under a federal law (ERISA) that requires the plan administrator to provide you with the plan documents within 30 days of a written request.  You can check with the human resources office at your employer to identify the plan administrator.

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How do I know what my employer told the EEOC about my termination or discrimination claim?

By Kelly Barcia Nuñez |

You may be contacted by an EEOC investigator during the investigation and asked to provide additional information in response to your employer’s “position statement”.  This is a document the employer is required to file in response to your charge.  In addition, once the EEOC investigation ends you have the right to request a portion… Read More »

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What happens after I file the EEOC/FCHR charge?

By Kelly Barcia Nuñez |

Once the charge is filed, the EEOC has up to 180 days to investigate the charge, but they can also issue a Notice of Right to Sue before that time.  Once the Notice of Right to Sue is issued you only have 90 days to actually file a lawsuit or the claim will be… Read More »

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Do I have to file anything with the Equal Employment Opportunity Commission (EEOC), and if so, how long do I have to do so?

By Kelly Barcia Nuñez |

Depending on the type of claim and basis for the claim, often it does require an administrative charge and supporting affidavit be filed with the EEOC.  The charge should also be dual filed with the Florida state agency, the Florida Commission on Human Relations (FCHR).  Although the time limitations vary depending on the claim,… Read More »

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What are some of the potentially “illegal” reasons upon which an employer can not fire an employee?

By Kelly Barcia Nuñez |

There are both federal and state laws that protect employees from discriminatory employment decisions which are based on race, national origin, sex, religion, age, and disability.  There are also statutes that prevent retaliation in connection with an employee reporting illegal activities, filing a workers’ compensation claim, attending jury duty, requiring child support deductions from… Read More »

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If I am a good employee with no performance problems can my employer fire me?

By Kelly Barcia Nuñez |

In Florida the answer is yes, unless you have a contract that says otherwise.  Employees in Florida are generally “at will” employees, which means an employer has the right to fire you at any time, for any reason, as long as the reason is not an illegal reason.

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Retaliation Claims

By Kelly Barcia Nuñez |

In the State of Florida, employees are generally employed on an “at will” basis, which means an employer has the right to terminate your employment at any time, for any reason, as long as the reason is not an illegal reason.  As most of us are aware, illegal reasons often involve decisions based on… Read More »

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Protect Yourself from Uninsured and Underinsured Motorists

By Kelly Barcia Nuñez |

In Florida, we have a no-fault system of insurance. What this means is that if you get into an accident and incur damage to your car and/or injuries, the payment for these comes from your own insurance, rather than the person at fault. However, if you are injured severely and exceed your personal limits,… Read More »

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How to Resolve a Ticket from an Auto Accident

By Kelly Barcia Nuñez |

When you’ve been involved in an auto accident in Tampa or any other Florida city, it can be seriously stressful. Unfortunately, oftentimes car repairs and medical bills aren’t the only expenses incurred, and sometimes you may receive a traffic ticket as well, even if you’re not at fault for the accident. Thankfully, getting a… Read More »

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4 Tips for Dealing with Insurance Companies

By Kelly Barcia Nuñez |

Even if you haven’t been in an auto accident before, you doubtless have heard stories about dealing with insurance companies following a crash. Insurance companies are inherently skeptical of claims, and to a certain extent, they should be, since many unscrupulous people will try to take advantage of the situation. As for-profit groups, insurance… Read More »

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