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Category Archives: Employment Law FAQ

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

By Stephen M. Barbas |

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 Stephen M. Barbas |

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 Stephen M. Barbas |

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 Stephen M. Barbas |

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 Stephen M. Barbas |

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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