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It is rare for a Miami employee to hire an attorney to review his or her employment contract before signing onto a new job. This level of attorney review is usually only requested by high-level employees who stand to earn a high salary. Or, it is performed after the fact by an employee who was wronged.

That said, arming yourself with a little bit of legal knowledge and familiarizing yourself with the “norm” as it applies to employment contracts and what they normally include can go a long way for an employee who is struggling to determine whether his or her employment contract has been appropriately drafted. One of the most important things you should look for in an employment contract is coverage. This website and others like it could give you an idea of the kinds of insurance policies that are out there, and that employers should offer to you.

If a good life insurance policy or health insurance coverage is not offered in an employment contract, then you should reconsider working for that company. Additionally, if you have health insurance provided by the employer, keep tabs on the status, yearly expiry, and renewal, to avoid conflicts later during dire times. How to check your health insurance status? For doubts like that, you can explore online resources or talk to a healthcare insurance provider. A little bit of awareness can benefit you and your family a lot with healthcare problems or accidents.

This is important because, if there was a workplace accident, then life insurance, health insurance, or auto insurance among other types of insurance, could be helpful to compensate for the loss the policyholder and the family of the said have suffered. All your financial concerns will be taken care of and ensure you and your family are safe. You can check out the whole life insurance cash value chart to see how it works and how much is added to the savings account according to the life insurance policy. This amount is called cash value which adds up over the years that can be used for loans or investments.

Now coming back to the topic, let’s take a look at what an employment contract should include:

— A specific term of employment. How long will the employment period last, and/or will it be indefinite?

— The responsibilities of the employee.

— Health, disability, life, key man life insurance, and/or retirement account benefits.

— Sick day and vacation day policies.

— Grounds under which termination could occur.

— A non-competition clause.

— A non-disclosure agreement relating to trade secrets.

— An intellectual property agreements relating to trade secrets, patents and material created by the employee under his or her employment.

— A clause about how employment disputes will be resolved.

The above topics will, in most cases, be covered in the terms of a standard employment agreement for Miami employees. However, the evaluation of what each clause contains may require the experienced eyes of a trained employment law attorney. Prospective employees in Florida who do not fully understand their employment contracts may therefore want the services of an employment law lawyer who can help them interpret their rights under a specific contract.

Source: FindLaw, “Pros and Cons of Written Employee Contracts,” accessed Jan. 10, 2017

If you see something untoward happening at the office, and you know it’s wrong, you do not have to stay silent for fear of losing your job. Indeed, people who turn in their co-workers and/or companies for illegal behavior are protected by federal employment laws. The whistleblower act can be used to help Florida employees — who lose their jobs because they did the right thing — seek financial restitution and justice in court.

Let’s say you have been working at a Miami accounting firm for the last 10 years and you happen to notice that someone is doing a number on the spreadsheets for a certain company. After looking into it, you discover that the spreadsheets have been doctored in order to cover up your boss’s embezzlement. Going to your boss’s boss could be one way to put a stop to the illegal behavior, but suddenly, just a few days after reporting the wrongdoing, you are out of a job.

Maybe your company tries to say that they fired you for a legitimate reason, but you know exactly why the firing took place. It’s because you found out that white collar fraud was happening at your workplace and you tried to put a stop to it, but the powers-that-be didn’t want you getting in the way of their plans.

At the Law Offices of Gary A. Costales, we frequently represent plaintiffs who lost their jobs because:

— They filed a complaint against their employers.

— They refused to commit an illegal action.

— They witnessed wrongdoing on the job and were fired simply because they saw it.

If you lost your job in Florida, and you suspect that you were wrongfully terminated due to retaliation, you may be able to fight for your rights in court. At the Law Offices of Gary A. Costales, we are available to talk to Miami employees about their circumstances and advise them of their legal rights and options.

Because of the prevalence and persisting problem of workplace discrimination related to race and sex, these tend to be the first types of discrimination we think of when we hear about the term. However, workplace discrimination can take a lot of different forms.

For example, one type of discrimination that is rising to prominence as the baby boomer generation gets older is age discrimination. This might include offensive or unkind remarks about a person relating to his or her age, it might include workplace policies that disadvantage people because of their ages and it might involve someone getting fired because he or she is believed to be “too old” to effectively do the job.

There also exist instances of Florida residents being discriminated against because of their religions. For example, there might be a workplace that has an overwhelming majority of Christian managers, who tend to promote and reward fellow Christian employees while punishing and/or demoting their Muslim counterparts. The discrimination might go in the other direction as well, a Christian might be discriminated against while his or her Muslim counterparts are favored.

If you have noticed that you have unequal pay, were subjected to an unwarranted demotion or job loss, received mean comments or was called a derogatory name or received unequal pay compared to your coworkers, it could be that you’ve been the victim of workplace discrimination. By speaking with a Miami employment law attorney, you can find out whether an employee discrimination claim is warranted in your case. If you do have a viable claim, you can seek financial compensation for the damages the discrimination has caused.

Source: Reference, “What are some examples of discrimination in a workplace?,” accessed Dec. 28, 2016

When you enter into an employment contract — whether you are the employer or the employee — it is a legally binding agreement that will have financial consequences for you. A such, it is important to review closely all of the terms and conditions of the agreement so that you know exactly what you’re getting into.

The terms of an employment agreement are enforceable in court only to a certain degree of reasonableness. What that means is that if the employer or employee demands certain elements be included in the contracts — and if those elements are unreasonable — they will be stricken from the agreement by a Florida judge. Unreasonable terms might even compromise the entire agreement altogether.

At the Law Offices of Gary A. Costales, we help both employees and employers investigate whether a particular employment contract will indeed hold up in court. As always, it is important to perform this kind of review before the employment contract is finalized and signed by the parties. It is also preferable when our firm drafts the entire contract up from its inception to ensure that everything is appropriately worded to have the most strength and resiliency should litigation ever be required.

The Law Offices of Gary A. Costales is available to speak with any South Florida area employers or employees about their employment contract needs. We also offer an absolutely free first-time consultation to potential new clients. We will listen to all of the facts surrounding your situation, ask you the appropriate questions to evaluate your employment contract and advise you of your legal rights and options under state and federal the law.

Employment discrimination occurs when a job applicant or employee is treated negatively based on race, national origin, skin color, disability, religion, gender or age. Workplace discrimination involves more than circumstances of hiring and firing. Discriminatory actionsalso include bias in promotion, compensation, job assignment and retaliation. Learn how employers may discriminate based on different factors and what you can do if you are a victim.

Race and skin color discrimination

Individuals are sometimes denied equal opportunity because they are part of a certain race. They may also simply have particular racial features or characteristics that an employer discriminates against. Employers might also deny equal opportunity based on complexion or skin color. Race and skin color discrimination may also include treating an applicant or employee unfavorably due to his or her relationship with someone of a different race.

Sex discrimination

Employers may discriminate based on a person’s biological sex or gender identity. This type of discrimination occurs to both men and women. Treating a pregnant woman unfavorably also falls under sex discrimination. Pregnancy is supposed to be handled with special consideration in the same way a temporary condition or illness would.

Religious discrimination

People of all religions-and no religion-are entitled to equal employment opportunity. Religious customs and beliefs should not bar someone from being employed or otherwise treated unfavorably. Reasonable accommodations must be made for religious observances when it does not cause excessive negative consequences to the employer.

National origin discrimination

Employers might deny employment opportunities to people based on where they are from, their ethnicity or accent. Sometimes unjustified requirements of English-fluency are the basis of national origin discrimination. Employers are not allowed to enact unjustified English-only or English-fluency requirements.

Retaliation

When a job applicant or employee claims he or she suffered discrimination, sometimes the employer will retaliate. Retaliation itself is considered a form of workplace discrimination. Actions that are fall under retaliation include:

• Harassment
• Failure to promote
• Termination

Complaining or reporting employment discrimination does not warrant employer retaliation. Individuals can file complaints and participate in investigations without fear of retaliation.

Despite progress made in terms of employment rights in recent history, harassment and discriminatory practices still occur. If you feel like you have been denied opportunities or terminated based on discriminatory ideas, you may have a basis for a legal claim. Consulting with an employment discrimination lawyer can help you make sense of your situation and what actions you should take. Every worker is entitled to be treated fairly and equally.

A university administrator from the University of South Florida has had his title stripped after he allegedly engaged in sexual behavior and committed sexual harassment on campus. The 57-year-old administrator was told late last month that he would be removed from his position as director of the university’s Center for Virtualization and Applied Spacial Technologies, which is a part of the Department of Anthropology.

The director’s removal followed a report by the Tampa Bay Times that the teacher was formerly accused of sexual harassment against a female co-worker and graduate student he met at Idaho State University.

According to the accusations, the administrator subjected the woman to unwanted attention and later groped her and forcibly kissed her in October 2013. The administrator began working at USF late last year, but he did not inform the university about the past sexual harassment incident. He only informed the university after learning that the Tampa Bay Times was going to publish an article about the sexual harassment lawsuit that is currently pending against the University of Idaho.

The director has been stripped of his administrative title and duties, but it appears he will stay employed at USF for now. Nevertheless, faculty from the university’s Department of Anthropology has requested that the man be disassociated from its department immediately.

There is no reason for any individual to be subjected to sexual harassment at work. Furthermore, employing companies, universities and governments have a duty to protect workers from individuals who have committed sexual harassment in the past. Employees who are suffering from sexual harassment in Florida right now have every right to seek legal assistance to put a stop to the harassment now.

Source: Tampa Bay Times, “USF administrator stripped of title after review of sex harassment finding at previous job,” Anastasia Dawson, Nov. 18, 2016