The HR Specialist: Florida Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 10
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The HR Specialist: Florida Employment Law

It’s impossible to know if a termination will lead a former employee to sue for discrimination. That’s why it’s crucial to enforce all your rules equitably. You don’t want an employee to be able to say that someone else broke the same rule without receiving harsh punishment.

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State Sen. Mike Fasano has proposed an amendment to Florida’s Family and Medical Leave Act that would allow workers to take time off to protect their pets from potential domestic abuse.

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Rep. Cliff Stearns, who represents Florida’s 6th Congressional District, has proposed legislation to amend the Fair Labor Standards Act, abolishing a provision that lets employers pay less than the minimum wage to some disabled workers.

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Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

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A court has clarified that the EEOC isn’t required or expected to look beyond what an employee states in his agency complaint when investigating it. That means that if an employee fills out the form herself and doesn’t provide enough information to trigger suspicions that discrimination has occurred, chances are the matter won’t go further.

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Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.

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Capri Healthcare in Clearwater is being sued following an EEOC complaint that it rescinded a job offer as soon as it found out its new employee was pregnant.

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Not everything negative that happens to an employee is the basis for a lawsuit. Employees have to allege both that they were on the receiving end of some sort of negative feedback and that there were consequences that changed the terms and conditions of employment.

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The federal Transportation Security Administration has settled a lawsuit brought by the national ACLU and its Florida chapter. The ACLU filed an administrative complaint on behalf of an HIV-positive Air Force veteran who was rejected for a job as a transportation security officer because of his HIV status.

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Hey, it happens: Sometimes, employers mess up. But they can undo much of the damage by acting fast to fix mistakes. Take this case, in which a termination letter was sent by mistake while the disciplinary process was still under way. A quick explanation and retraction saved the day.

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