Are you a litigant considering whether to participate in a private trial to resolve your dispute? While many people are familiar with binding arbitration but that’s just one of a handful of options a litigant has to reach a resolution. Under Florida Statutes Section 44.104, parties can also resolve a lawsuit by voluntarily participating in...
Category: Employment Law
Post
Benefits of Alternative Dispute Resolution
Are you involved in a dispute with a business partner, customer, or family member? Do you dread the time and expense of litigation? You may be surprised to learn that it is possible to come to a mutually agreeable arrangement without the risks and costs of going to court. Learning what is Alternative Dispute Resolution (ADR) may...
Post
Florida Non-Compete Agreements
A non-compete agreement (NCA) is a binding contract that helps employers protect their business. They are so popular than an estimated 36 million to 60 million private sector workers are subject to some form of NCA. It’s easy to see why NCAs are so attractive to businesses. They forbid employees from sharing proprietary information, working...
Post
What if an Employee Refuses to Return to Work?
As the economy restarts, many employers are facing the serious problem that some employees are reluctant to return to work. Some of the reluctance is driven by legitimate fears related to the coronavirus and its spread. For others, it is a matter of economics. The legal and practical issues are complex and employers must tread...
Post
Non-Disclosure Agreements
Businesses can request employees, contractors, distributors, or other related individuals to sign non-disclosure agreements. These are intended to protect “legitimate business interests” such as trade secrets, business or professional information not known by the general public, or specific training practices. Florida Statute 542.335 addresses valid restraints of trade or commerce. This includes “restrictive covenants” like non-disclosure...
Post
Your Business and the ADA Part 1/2
There is an emerging trend to sue small businesses for minor violations of the Americans with Disabilities Act (ADA). This two-part series will provide you with some guidance about some of the requirements of the ADA. Also, it will discuss common mistakes that you can avoid to prevent potential lawsuits. What is the Americans with...
Post
Split of Authority: Discrimination and Title VII
In a recent decision on April 4, 2017 by the U.S. Court of Appeals for the Seventh Circuit, the court held in Hively v. Ivy Tech Community College of Indiana that employment discrimination based on sexual orientation is prohibited under Title VII. Title VII of the Civil Rights Act of 1964 protects employees from discrimination...
Post
Works Made For Hire
What is a Copyright? A copyright is the exclusive legal right to use, publish, sell, or distribute the matter and form of something. Although this definition is abstract, the purpose of a copyright is to protect the creator’s ideas from infringement. As a general rule, the creator owns all copyrights in a work she creates;...
Post
Title VII: Retaliation by Employers
What is Title VII? Title VII of the Civil Rights Act of 1964 protects employees from discrimination from employers. Title VII prohibits discrimination “with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C.A. § 2000e-3 What is Retaliation? Retaliation is one...
Post
Violations of Non-compete Agreements
A non-compete agreement is an agreement between an employer and employee that restricts an employee’s conduct post-employment. In a non-compete contract, the employee usually agrees not to compete against his/her former employer for a set period of time. Competition can include using trade secrets, contacting past clients, and working for rival companies. How to Deal with...