Posts by ryan

What to Do About Wrongful Termination

Posted by on Dec 18, 2018 in Blog | 0 comments

What to Do About Wrongful Termination If you feel you have been wrongfully terminated from your job and are considering a wrongful termination lawsuit, there are some things you should know before seeking legal action. Educate yourself on what wrongful termination is and determine if your case fits the definition. Illegal Reasons for Termination The most typical and common illegal reasons for termination by an employer are related to race, ethnicity, sex, disability, age, sexual orientation, or national origin. However, there are other illegal reasons for termination that are not usually thought of right away. These reasons could include reporting unsafe, illegal, or unfair conditions in the workplace, asserting your rights as an employee, or creating a union. It is important to remember that as an employee if you have been wrongfully terminated, there are laws in place that keep your employer from retaliation should you complain about them discriminating against you through your termination. Protection from Termination You might be wondering how you can protect yourself from wrongful termination. The best steps to take would be to document the reasons and circumstances that you were fired for. Get all of the details nailed down so that you can keep them for your records, should legal action be needed. Include individuals you spoke to, what was said, dates, etc. Justification for Termination Many people might wonder if their employer needs justification for terminating them. This question is specific to the employer. If you work for an at-will employer, your employer does not need justification to terminate you as long as it is a legal reason for termination. Additionally, if you have an employment contract with your employer, the contract will lay out the terms of termination. Stratton & Geen, ALC will go to work for you in your wrongful termination case....

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Protecting Your Business

Posted by on Dec 12, 2018 in Blog | 0 comments

Protecting Your Business There is so much to think about when running a business from overhead expenses to making sure you are maintaining a safe environment for your employees to work. Managing the people who work for you can be the hardest part of owning your own company.  Having the right standards and measures in place is important to keep your business running smoothly. Unfortunately, no matter how hard you try, things happen and you have to have a team a litigators in your corner to protect your interest if anything were to happen to your business. That is why Stratton and Green offer employment defense and training to business owners who need their help. Claims Against Your Business Current and former employees can always make claims about how they are or were treated in the workplace whether substantiated or not. People you did not even hire, can make a claim against your business because you, in fact, did not hire them. Here a just a few of the claims someone can make: Employment discrimination – Not hiring someone who is protected under a protected class such as race, age, ethnicity, nationality, gender, sexual orientation, gender identity, disability, and veteran status. Sexual harassment – When someone receives unwanted sexual advances which can be touching, gestures, or words, or when obscene remarks of a sexual nature are made. Unpaid wage and hour claims – When an employee said they were underpaid or not paid at all for the work they said they completed. Having the right type of defense when it comes to employment law is so important it can be the difference between you walking away with or without your business. You need a defense team who specializes in employment litigation and can defend your business again class action lawsuits, discrimination cases, breach of contract and other types of business disputes that involve employees. Stratton & Green, ALC is the team you...

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3 Possible Remedies for a Contract Breach

Posted by on Oct 22, 2018 in Blog | 0 comments

A contract breach may be defined as the failure by one or more parties to fulfill conditions specified without any legal reason. A lot of factors have to be considered before it is determined. In courts, damages are often awarded, but there are also other ways to remedy a breach of contract. Damages The damages awarded to the offended party will depend on the nature of the breach. If it is determined that the conditions that were not met amount to a full breach, the plaintiff may be awarded damages equal to the total amount that would have been made had the contract been fully executed. On the other hand, the contract can be termed as a partial breach, this means that the offended party may seek damages equal to what is required to correct the anomaly. In the case of a partial breach, courts may also decide to award an amount that is equal to the difference in actual value from the expected value. Restitution Unlike with damages, with restitution, the plaintiff does not seek to be compensated for any breach of the contract. In restitution, the offended party seeks to get back any money they had given to the defendant. This usually happens when the courts have deemed one party to be incompetent or incapable of delivering as promised. Rescission and Reformation Rescission is when one party seeks to have the contract terminated due to fraud, errors, or undue influence from outside. The party seeking rescission will request the contract to be set aside due to mistakes or fraud. Reformation is done for the same reason. The difference between, rescission and reformation, is that in the later, the injured party seeks for a rewriting of the contract to correct the mistakes. Most courts, however, favor rescission over reformation since mistakes should have been captured during drafting....

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How Florida Employment Law Protect the Rights of Employees

Posted by on Sep 30, 2018 in Blog | 0 comments

When an employee signs a new contract with his employer, both parties realize that there are rules stipulated by these contract they have to adhere to. Many employees feel that the rules apply to them more than they do their employer. Different jurisdictions have varied laws designed to outline the boundaries that organizations should work within when setting rules and drafting contracts. Therefore these laws are designed to protect all individual rights of people regardless of their position in the organization’s hierarchical structure. To ensure that your rights as an employee are protected, you need to understand a few basic things about Florida Employment law. Harassment and Termination The relationship between an employer and the employee can be compared with that between a master and a servant. The employee is expected to the rules as stipulated in the contract. Employers can fire their employees, but employee termination must be within the law. For example, Florida is an at-will state. This means an employer can fire, hire, demote or promote, for any reason, or no reason at all. A wrongful termination claim can, however, be made for a number of reasons: Making A Compensation Claim: The employee was fired for making a compensation claim. Pregnancy: it is illegal to fire an employee because of pregnancy or that they recently gave birth. Discrimination: It is wrong to terminate an employee due to race, religion, age, marital status, or disability. Testifying against an employer in court: Family and Medical Leave Act Claim The Family and Medical Leave Act Claim (FMLA) was designed to provide protected leave for employees in certain situations that are prompted by emergencies. Eligible Florida employees may take up to 12 weeks leave for the following reasons: Care for a family member who is ill, injured or on military duty Bond with a newborn To be with a family member who is in preparation for military duty To be eligible, employees in Florida need to have worked for the employer for at least a year, and must have worked for at least 1,250 hours the previous year before taking a leave. This law applies to employers who have a minimum of 50...

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Posted by on Jun 21, 2018 in Blog | 0 comments

REASONS TO AVOID HIRING ONLINE LEGAL PROVIDERS WHEN STARTING YOUR BUSINESS If you have finally taken the steps, quit your old job and started out on your own it can be a little overwhelming. After all, you have put everything you have into starting your business, the best thing to do is to hire an attorney that works for you-not for everyone else. THERE IS NO SUCH THING AS ONE SIZE FITS ALL The law is an everchanging amoeba- not a single entity. Each business or case is always going to be different by city, state, and county. How can ready-made legal packages possibly cover the enormous amounts of variables? The best option to protect your business is a law firm that practices law-not recites it. AVOID HIDDEN FEES Hiring a lawyer will keep you covered without the hidden fees. You know that once Stratton and Green represent you they are going to take care of you giving you all the information you need upfront, not withholding it to upsell you. With legal service providers, they don’t tell you about court filing fees, potential penalties, quick delivery charges and a number of other things that can come up. Your online legal provider won’t tell you about these things-instead they will bill you or sell you an add-on package. This is not only frustrating but costly. KNOW WHO YOU ARE When you need answers fast who do you call at any of the online legal providers? When something comes up you aren’t sure about how confident are you that your business is protected with your ready-made package. By hiring Stratton and Green we develop personal relationships with our clients and know everything there is to know about their business or their case. We understand your legal situation is personal and unique, so we make your personal business our business. Stratton and Green specialize in business law. They understand the importance of developing a relationship and the necessity of protecting your business so that you can focus on running it. Call our office today to see how we can help...

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