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 employees.

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