Employment Law
Like almost everything with the law… it depends. Some wrongful termination lawsuits settle quicker than others. Here, we’ll discuss some of the factors that determine how long it will take to settle a wrongful termination lawsuit. Charge of Discrimination You must first file a charge of discrimination before you can file a lawsuit. You file a charge of discrimination with the Equal Opportunity Commission (“EEOC”). You can co-file with the Florida Commission on Human Relations (“FCHR”), the state version of the EEOC. Filing a charge of discrimination exhausts your administrative remedies. It is a prerequisite to filing a wrongful termination lawsuit in state or federal court. Claimants must allow the EEOC and/or the FCHR to investigate the claim for at least 180 days. After 180 days, if you haven’t gotten a determination, you can request a “right…Read More
You’ve just been fired, and you’re lucky enough to have the reason why explained to you (hopefully in writing). So, can you sue if your employer lied about the reason for termination? Well, it depends on the “true reason” for your termination, not the reason given by your employer. An employee can be fired for a good reason, a bad reason, reason based on false facts, or for no reason at all. The question is whether it was for a non-discriminatory reason. Reasons like favoritism, mistake, or disdain are irrelevant and may be lawful. Florida Unlawful Termination Laws: Know Your Rights If you're in Florida as an employee, it's crucial to understand that the law protects you from being unfairly terminated. Discrimination on the grounds of race, national origin, age, sex, religion, or disability is strictly prohibited. In simpler terms,…Read More
There is simply never a good time to be in a car accident. You need time off work, your car is damaged or completely totaled so you must ask for rides, you are in pain, and you may even have spent time in the hospital. It is difficult to go about your daily activities, like caring for your children and doing the grocery shopping because of your injuries. Once the bills start arriving, the stress really kicks in. All of this is made exponentially worse by the fact that none of this was even your fault. If you have been injured in a car accident and the other driver was at fault, you need help to ensure that justice is served. You need The Longo Firm. You probably hoped you could handle this on your own without…Read More
Terminating your employment based on race, sex, religion, disability, national origin, age, or sexual orientation is against the law. It is also against the law for someone to fire you if you complained about discrimination. If this has happened to you, you do have rights. Your legal options can be best explained to you by the legal team at The Longo Firm. The Longo Firm represents employees who have been wrongfully terminated in violation of state and federal anti-discrimination laws. We also handle claims for workers who have been terminated in retaliation for complaining about or refusing to participate in unlawful or unsafe working conditions. We handle cases from start to finish, with the ultimate goal of getting you as much money as possible, as fast as possible. You still have bills to pay and this…Read More
The death of a loved one is terrible, but the situation can be made even worse if it is discovered that the death was caused by the criminal negligence or direct actions of someone else. The death may be the result of a murder, reckless driving, a negligent or careless act, malpractice, or many other causes. Besides killing someone, their actions have caused the family members of that person to be hurt because they relied on the financial and emotional support of the deceased. If their death was preventable and didn’t need to occur, you are right to consider your legal options. Wrongful death or accidental death lawsuits are meant to compensate those family members left behind after a fatal accident. In a wrongful death suit, there are two types of damages: economic and non-economic. Economic damages…Read More
Have you recently been fired? Don’t be too quick to assume you have no legal claims against your former employer, regardless of why you were fired or what they said. Even employees who are fired for cause might be able to prove wrongful termination, in the right circumstances. It’s not illegal for an employer to fire an employee, even for a reason that seems unfair or unjustified. Unfortunately, an employer can even legally lie about the reason for termination. However, the employer cannot legally fire anyone for a reason that breaches a contract or violates the law. If the real reason for terminating an employee is discrimination, retaliation, employee whistle-blowing, or other protected activity, the termination is then wrongful. The only way to know for sure is to consult with an attorney. You need The…Read More
The amount of a workers’ compensation settlement may vary greatly depending on the exact cause. If your injury is minor, the settlement may be limited to the employee’s lost wages and payment of the medical expenses related to the treatment of the said injury. If the injury is severe, for instance, a major back injury, and you have partial or total use of the body part(s) injured in the accident affected for the rest of your life, your settlement will be higher. In this case, the settlement will include lost wages, medical expenses, and some level of compensation for the injury to the body part. In a case where the employee suffers a partial or total loss of a body part, the treating doctor will assign a disability rating between 0% and 100% for each…Read More
Has your workplace or previous workplace become a living hell? Many people use the term “harassment” to describe any workplace treatment that seems unfair, unduly harsh, or just plain mean. From a legal perspective, however, it must meet certain criteria. State and federal laws recognize many types of workplace discrimination, all of which can create a hostile work environment. A person may claim discrimination on the basis of race, national origin, age, sex, religion, and disability. If you feel you have a discrimination or harassment case, call the Longo Law Firm for a free consultation to find out. Don’t wait because there are time limits on when you can file a claim. In order to make your claim in court, you need to prove the following: It was based on your protected characteristic (ex. Being…Read More
If you have been fired, demoted, or denied a job in Florida because of your age you may have an age discrimination in the workplace lawsuit. In age discrimination cases, a worker makes a claim under the federal law that prohibits employers from discriminating against workers in the terms and conditions of employment because of the worker’s age. The federal law is the Age Discrimination in Employment Act (“ADEA”) and it applies to workers who are at least 40 years old. Elements of Age Discrimination In an ADEA case involving discharge, demotion, or failure to hire, a plaintiff may establish a case by showing: that plaintiff was a member of a protected group of persons between the ages of 40 and 70; that plaintiff was subjected to an adverse employment action; that substantially younger persons…Read More
Under the ADA an employer must provide “reasonable” accommodations for workers with known disabilities unless such accommodations would result in undue hardship to the employer. An accommodation is reasonable, and thus required under the ADA, only if it allows the worker to perform the essential functions of the job. Elements of ADA Accommodation Claim To win a disability accommodation claim under the ADA a worker must prove the following facts: Worker is disabled; Worker is qualified; Employer knew of worker’s disability; Worker requested an accommodation; Reasonable accommodation existed that would have allowed worker to perform the essential functions of job; Employer failed to provide a reasonable accommodation. What Is Considered a “Disability” “Disability” is a physical or mental impairment that substantially limits one (1) or more major life activities. A physical impairment is a condition…Read More