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Can I be fired for filing a Workers’ Compensation claim?

In a word, “no”. Under Florida law, employers are prohibited from discharging, threatening to discharge, intimidating, or coercing employees because they made or attempted to make a workers’ compensation claim. In fact, Florida law “is not only intended to punish employers who discharge an employee for having filed a workers’ compensation claim, but is also […]

Protecting Women (and Men) Against Unequal Pay

Both federal and state laws protect against wage discrimination based on sex. The Florida Equal Pay Act (EPA) was enacted in 1963, as an amendment to the existing Fair Labor Standards Act. It requires employers to compensate males and females equally if they perform the same work. The statute was passed primarily to address wage […]

The Role of Judges in the Courtroom

Judges are elected or appointed officials who act as impartial decision-makers in the pursuit of justice. They are the central figures in a courtroom, and apply the law to cases by overseeing legal proceedings, ruling on questions of law, and facilitating negotiations between opposing parties. Judges allow each side a fair opportunity to present their  […]

Landlord/tenant leases in a post-COVID world

Landlord/tenant leases in a post-COVID world In a post-COVID world, retail leases will need to be modified to include the possibility of a pandemic and the mandated closing of tenant businesses. For the benefit of all, adjustments to the force majeure and insurance provisions, use of common areas, common area caps, alterations and regulations, should […]

Prepare for your initial legal consultation

All attorneys meet with prospective clients in an initial consultation. The purpose of this first meeting is to gather and exchange information, including general legal advice about the case. This initial time together will provide the foundation of the client-attorney relationship if moving  forward with a working relationship. As a potential client, it is important […]

Need to Raise Money for Your Business?

Businesses require capital to operate and get off the ground. Once established, a cash infusion may be necessary to boost advertising and acquire customers in new markets. When it comes to raising money to start or grow your business, consider the following:

Are You Considering a Business Partnership?

If your business will be owned and operated by more than one individual, structuring as a partnership may be the best way to go. There are two types: a general partnership and a limited partnership.

What Are My Workplace Rights During the Coronavirus Outbreak?

The new Families First Coronavirus Response Act, the Americans with Disabilities Act (ADA) and standards set forth by the Occupational Safety and Health Administration (OSHA) are playing roles in decisions being made by employers for their workers. 

Mistakes Employers Make When Requiring & Conducting Workplace Drug & Alcohol Tests

Employees often trust their employers’ polices to be well researched and vetted through counsel.  However, drug and alcohol policies are often purposefully vague to give the employer the upper hand.  For employees, it is always advisable to educate yourself on your state and local drug and alcohol testing laws, and speak with your HR team […]

What Do I Do If I Have Experienced Sexual Harassment?

If you have experienced sexual harassment at work, it is important to act quickly to protect yourself and protect your right to pursue legal action if you desire. If you are the victim of sexual harassment in the workplace, take the following three steps to protect yourself and your rights to a legal remedy.  

What are my Maternity Rights as an Employee?

If you’re pregnant, you may be wondering what your rights are in the workplace. Unfortunately, pregnancy standards and laws in the United States can be complex, varying state-by-state and by each individual company. To further complicate, there is also currently no federal law that applies to everyone in the US for maternity leave.  

Temporary & Preliminary Injunctions

After the filing of a lawsuit, a party can ask the judge to issue a temporary injunction.  The temporary injunction seeks to require the other party to either commit a certain act or to prohibit it from performing a particular action. In a business or commercial law context, injunctions are often sought to enforce a […]

FORMING A FLORIDA LLC – WITH YOUR SPOUSE

Creditors of a Florida single member LLC (“SMLLC”) are able to reach the assets of SMLLC by obtaining a charging order and then foreclosing on the member’s interest.  However, if an LLC has multi-members, creditors are limited to distributions that a debtor member would ordinarily receive from the LLC. To prevent a foreclosure of a […]

“Baseball” Arbitration for Commercial Leases

As a means to set a player’s salary when he became a free agent, the arbitration process became a mainstay in baseball. Similarly, a commercial lease should include a baseball arbitration clause to prevent a protracted dispute between the owner and tenant. Often a commercial lease uses fair market value as the method to determine […]

Taking Flight – Drone regulations

Unmanned aircraft systems (UAS) known as drones are readily available and can even be purchased at Target or Toys “R” Us. However the federal government deems drones to be aircrafts and subject to Federal Aviation Administration regulations. For one thing, all buyers must register their drone. Registration can be done online by completing a short […]

ONE MORE REASON FOR A NONCOMPETE AGREEMENT — INEVITABLE DISCLOSURE DOCTRINE

A noncompete agreement is a standard business agreement to prevent a former employee from competing against you upon his departure from the company. When such an agreement is not in place, employers have to scramble for a solution to prevent the former employee from disclosing confidential information to the new employer. In particular, litigators are […]

COMING THIS SUMMER: THE NEW ILLINOIS POWER OF ATTORNEY ACT

Effective July 1, 2011, changes in the Act create new statutory Power of Attorney (POA) forms for property and healthcare.  A Power of Attorney is a legal document that gives another person (your agent) the authority to make financial and other legal decisions on your behalf. The revised act provides more guidance to the agent […]

BUSINESS COSTS ASSOCIATED WITH E-DISCOVERY

Within the context of litigation, electronic discovery (e-discovery) refers to discovery of information in electronic format. Information preserved in electronic format often contains metadata, which is invisible to the naked eye. Metadata mining involves uncovering metadata, such as draft revisions, tracked changes, hidden text. Businesses should implement adequate procedures to remove metadata through the process […]

THE CONTRACT – HAVE IT IN WRITING

A written document to memorialize terms of an agreement between two or more persons minimizes confusion and possibility of litigation. Even though an oral agreement is usually sufficient to form a legal binding contract, a written contract provides proof of the intentions of the parties. To demonstrate a breach of contract, the aggrieved party must […]

A START-UP BUSINESS MIGHT BE WISE TO CHOOSE THE LLC AS ITS ENTITY FORM

Since tax considerations are of utmost importance in choosing an entity form, entrepreneurs should determine the advantages of beginning their business as a LLC. In particular, the applicability of the LLC structure must be examined when the entity plans to go public or merge with a public corporation. While enjoying the benefits of a LLC […]

AMENDING PLEADINGS IN ILLINOIS COURTS

Section 2-616 of the Illinois Civil Practice Law provides for amendments to pleadings on just and reasonable terms before final judgment. Loyola Academy v. S & S Roof Maintenance, 146 Ill.2d 263 provides the standard for amending pleadings in Illinois. The Loyola Academy court looked to four factors in determining the appropriateness of allowing leave […]

Statutory attorney fees

Under the standard “American Rule,” each party in litigation is responsible for its own attorneys’ fees unless provided by statute (or by contractual agreement of the parties). As opposed to decisions by judges that become legal precedent, statutory laws are passed by a legislative body such as Congress or state legislators.  In the context of […]

Unclean hands defense (equitable)

Unclean hands, also referred to as the dirty hands doctrine, functions as a defense to a complaint. It can highlight that the plaintiff failed to perform under the contract terms or they committed a crime of some sort which would nullify their complaint or lawsuit. Unclean hands, an affirmative defense, allows the defendant to present […]

Compensatory Damages, Punitive Damages & How to Avoid Them

The purpose of awarding damages is to restore an employee to the same place they would have been if it weren’t for the actions or inactions of the employer. The difference between compensatory damages and punitive damages is the purpose of the compensation. Compensatory damages pay a victim for their actual losses, both financial and […]

Equitable Remedy

Equitable remedy is a type of compensation given through legal proceeding to restore an injured or aggrieved person to the position they were in before the injury or wrongful action occurred. Remedies are generally divided into two categories – legal and equitable. Legal remedies allow the non-breaching party to recover monetary damages, while equitable remedies […]

Noncompete Clauses

FTC considers eliminating them If you are an employer concerned that an employee will go to work for a competitor, taking valuable clients or corporate secrets with them, you may consider implementing a noncompete agreement. A noncompete agreement is a legal contract between two parties where one party agrees not to engage in competing business […]

A New Minimum Wage, Again

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to an established minimum wage. Employees should earn overtime pay at a rate not less than one and one-half times […]

Spoliation & How to Protect Against It

Most employers understand that they shouldn’t destroy evidence that may be relevant to litigation. And preserving the correct evidence can be a tricky process to navigate. An employer’s failure to identify what relevant evidence to keep, or by not following the proper procedures can lead to spoliation exposure and penalties. Spoliation is the destruction of […]

Common Objections at Trial

Courtroom objections are an essential component of trial when applied properly, they can contribute to winning the case. A courtroom objection is a statement made by an attorney for the purpose of questioning or challenging any specific evidence. Typically, the end goal of the objection is to limit the opponent’s submitted evidence or have it […]

In Limines in Employment Jury Trials

The Latin phrase “in limine” means “on the threshold”. A motion in limine (MIL) is simply a motion made “at the start” of trial, during a recess, or before a witness testifies. In limines are pre-trial motions discussed outside the presence of the jury, to request inclusion or exclusion of certain prejudicial testimony or relevant […]

Depositions in Employment Litigation

A deposition is a case discovery tool. Depositions are necessary to learn the basis for the other party’s claims or defense, and to test whether their testimony holds up under cross examination. A deposition also captures the witness testimony  and preserves it. Employment litigants rarely have all the facts needed to prove their claims. They […]