Employment Issues
Representing individuals and small businesses concerning legal issues related to employment. We are experienced in drafting and reviewing employment contracts, severance agreements, Employment policies, EEO charges and wage and hour issues.
Non-Competition Contracts
Florida recognizes agreements in certain circumstances that can prohibit an individual from leaving one job and going to work for a competitor. Before you sign such an agreement, you should have it reviewed by an attorney so that you understand the nature and scope of the agreement. Many employers will negotiate the terms of these agreements. If you have already signed such an agreement, you should consult with an attorney before you attempt to go to work in a similar field or job.
If you are an employer, and you have employees in key positions with information that can cause your business damage if they leave to work for a competitor, then you should consider having a non- competition agreement. Every state has different laws concerning these types of contracts, and a form printed off of the Internet may not provide you with the protection you need.
Discrimination Claims
Federal and state law prohibit employers from discrimination or harassment directed at employees or potential employees because of their: sex, national origin, religion, race, age or disability. Employers should have and enforce policies to prevent this discrimination from occurring, and
employees should report violations of the policies when they are witnessed. Most discrimination claims require an employee to submit their charge to an investigative agency, such as the EEOC or the Florida Commission on Human Relations before a claim can be litigated. If you have experienced discrimination at work, Harris Guidi Rosner, P.A. can help you determine if you have a claim, and the best way to pursue it. If you are an employer, I can help you develop the appropriate policies and procedures to protect your
business from frivolous claims. If your business is under investigation by an agency, I can help you formulate an appropriate response, and an appropriate defense if a lawsuit is filed.
Wage Laws
The Fair Labor Standards Act requires most employers to pay their employees a minimum wage, and overtime if more than 40 hours are worked in a week. Florida has its own minimum wage which is currently higher than that required under Federal Law. If you are paid on a salary and you do not spend most of your time supervising others, utilizing a professional degree, or exercising independent judgement, you may be entitled to overtime pay. If you are an employer, and you are paying any employees a flat salary or just commissions, you should consult with us to determine if your compensation plan is allowed before a legal issue arises. Unpaid overtime claims can result in substantial liquidated (punitive) damage awards where an employer has failed to follow the law. Harris Guidi Rosner, P.A. can assist you as an employee or a business on issues involving wages.