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Category Archives: Labor and Employment

Termination

What Does Wrongful Termination Look Like?

By Stephen M. Barbas |

When you work hard, are genuinely good at your job, get along with your coworkers, and have zero issues with your employer, being suddenly terminated can raise a lot of questions, the biggest of which is why? Was it something you said? Something you did or did not do? Could you have done something… Read More »

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What Are Your Rights to Overtime in Florida?

By Stephen M. Barbas |

When it comes to overtime laws, Florida is pretty lax, especially compared to California, Nevada, Puerto Rico, and the District of Columbia – four states and territories with the best overtime laws for employees. In fact, Florida is one of the few states that does not have its own set of state laws governing… Read More »

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Experienced Discrimination at Work? What to Do

By Stephen M. Barbas |

Discrimination in the workplace is a serious problem. Federal as well as state laws prohibit harassment and discrimination against coworkers, subordinates, and supervisors on the basis of race, color, nationality, sex, disability, and several other protected classifications or statuses. If you experience discrimination in the workplace, however, you may feel powerless to change your… Read More »

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Federal Antidiscrimination Bill Passes

By Stephen M. Barbas |

Recently, the U.S. House of Representatives passed by unanimous vote the Federal Employee Antidiscrimination Act of 2015. The bill aims to enhance existing antidiscrimination laws, and is focused on potential discrimination in the workplace. In particular, the bill focuses on the accountability of supervisors in cases in which it is determined that discrimination took… Read More »

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New Florida Law Prohibits Job Discrimination Based on Pregnancy

By Stephen M. Barbas |

Claims of workplace discrimination by expectant mothers-to-be will soon be recognized as a protected status under Florida law. May 21, 2015, Florida Governor Rick Scott signed Senate Bill 982 to amend the Florida Civil Rights Act (FCRA), which expressly prohibits pregnancy-based discrimination in employment practices and places of public lodging and food service establishments…. Read More »

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How do I know what information to submit with my claim?

By Stephen M. Barbas |

The Summary Plan Description will tell you what you need to submit, which typically involves a statement from your doctor(s) as well as claims forms for you and your employer to complete.

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What plan documents should I ask for?

By Stephen M. Barbas |

You should specifically request a “Summary Plan Description” for any short-term/long term disability plans, and make the request in writing to the Plan administrator.

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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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