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As an employer, sooner or later you will be faced with the reality of having to fire an employee. No one looks forward to this moment, and everyone hopes they will be able to move on and not let whatever led to the firing keep them from leading a fulfilling career or running a successful business.

However, as many employers know, even if you have legitimate grounds for firing a person, if it is not done correctly, you may be opening your business up to costly lawsuits. Following these guidelines can help you avoid being sued when letting someone go.

Don‘t fire anyone for discriminatory reasons

This may seem obvious, but it is more common than you might think. If you are planning to fire someone based on his or her race, religion, gender, disability, or sexual orientation, you are asking for an expensive lawsuit.

Be mindful of situations that may seem like discriminatory firing

Even if those reasons listed above do not factor into your decision to fire someone, the person who is fired may believe they do, and you may be facing a lawsuit anyway. It is always wise to consider the potential long-term cost of firing someone if the circumstances may seem as though they are discriminatory. One way you could protect yourself is by putting down objective reasons on paper. For example, employees that conduct regular performance reviews and perform a skills gap analysis tend to have fewer claims of discrimination. This is because there is hard evidence that is available for why a person is getting fired.

Don‘t punish whistleblowers by firing them

It will not go well for you if you fire an employee who has filed a complaint about your company. Federal whistleblowing laws are there to provide whistleblowers (and their attorneys) with muscle to fight these kinds of retaliations. You probably don’t want to put yourself on the wrong side of this fight.

Give proper notice

A written notice 60 days prior to the layoff is required under the federal Workers Adjustment and Retraining Notification Act if you are laying off more than 50 people or more than one-third of the company’s full-time staff.

Do not delay the final paycheck to the person you fire

Just because they don’t work for you anymore doesn’t mean they aren’t entitled to be paid for their last few weeks of work. Denying or delaying pay to your fired employee is another easy lawsuit waiting to happen, and not worth the trouble. Besides, the Florida Agency for Workforce Innovation requires that you pay your fired employee by the next scheduled pay date.

Don’t forget to offer COBRA

The Consolidated Omnibus Budget Reconciliation Act, or COBRA, requires companies to offer group health coverage to fired or laid off employees for at least 18 months, if the company has more than 20 employees. There is a caveat to this one – you are not required to offer continuing coverage if the employee is fired for gross misconduct.

Tread carefully in complex situations

Your particular situation or motivation for wanting to fire an employee may not involve a cut-and-dry solution. If you have an employee who has filed complaints, it may be more difficult to fire them, even with cause. Accusations of discrimination may not be founded, but that doesn’t mean they won’t arise. A comprehensive understanding of all factors in the situation will help you anticipate potential complications before they have time to become real problems.

It‘s still a battlefield out there

Even if you do your best to comply with the law when firing an employee, you may find yourself on the receiving end of a lawsuit. In this case, it is best to seek out the guidance of a qualified attorney with extensive experience helping employers navigate employment law cases. He or she can help you protect your rights while you fight any charges.

The United States Equal Employment Opportunity Commission filed a lawsuit accusing a major insurance firm of discriminating against a woman for being pregnant. According to the EEOC allegations, the Daytona Beach insurance brokerage, Brown & Brown, denied the woman a job offer because she was pregnant.

Brown & Brown responded that the allegations were not true. However, the woman said that after she received a formal offer of employment through her email account from Brown & Brown, she informed them that she was pregnant and asked about maternity-related benefits. The Brown & Brown representative then told her that she needed to speak with her superiors and that the last time they had a pregnant woman in the office it did not turn out favorably.

Soon after, the woman received another email from Brown & Brown that officially rescinded the offer of employment. The email stated that the company urgently required someone who could stay in the position long-term, and that they were appreciative of the woman telling them beforehand.

The EEOC has alleged that Brown & Brown was unlawful in denying the woman employment because she was pregnant and it claims that the woman has suffered lost earnings, out-of-pocket expenses, lost benefits and lost compensation. Other damages allegedly suffered by the women include humiliation, inconvenience, mental anguish, emotional pain, suffering and lost enjoyment of life.

According to a lawyer for the EEOC’s Miami office, federal law prevents employment discrimination against women who are pregnant. It also prevents employment discrimination against pregnant job applicants. As such, the EEOC has decided to vigorously pursue and enforce the law in this case, the lawyer said.

Florida residents who fear that they are being discriminated against because they are pregnant can seek financial restitution by filing an employment law case. Indeed, workplace discrimination of any kind is not tolerated in the state of Florida and victims most certainly have the right to put a stop to it.

Source: Insurance Journal, “Brown & Brown Florida Office Denies EEOC Allegations of Pregnancy Discrimination,” Amy O’ Connor, Aug. 25, 2016

A police sergeant from Plantation has retired after being accused of directing sexual innuendo at his female coworkers. Allegedly, the man made rude comments about his coworkers’ buttocks and breasts. The Sun Sentinel claims that the man decided to retire rather quickly because if he had not, he would likely have been terminated.

The police sergeant in question has been internally investigated 17 times during his career at the police station over the last 16 years, and this investigation was the fourth one to be sustained.

Another sergeant from the Plantation police department confirmed that the man is no longer working at the department. The forced retirement is the result of multiple — 10 in total — acts sexual harassment, which created an environment that was offensive to female employees. This was especially the case during the last two years while the supervisor worked on the Road Patrol Traffic Unit. A total of 27 coworkers confirmed that the man was directing sexual harassment toward fellow officers.

The issue first erupted with a complaint that was submitted by a 30-year-old community service aide, who was supervised by the man. She informed investigators that she neither trusted the man, nor wished to be left alone in his presence. The report was corroborated by other officers, saying that the man had a difficult time controlling his mouth around female employees.

It is laudable that the woman in this case stood up for her right to a workplace that is free of this kind of abuse. Indeed, Florida residents should know that they never need to put up with sexual harassment. Indeed, they can file a lawsuit against the employer who can be held responsible for the sexual harassment.

Source: Sun Sentinel, “Sexual harassment claims result in Plantation police sergeant’s forced retirement,” Tonya Alanez, Aug. 26, 2016

Female Orlando employees often say that they are discriminated against because of their gender. For example, at the Law Offices of Gary A. Costales, PA, we have heard from female business partners who say that people often mistake them for the secretary when they visit their offices. However, beyond discrimination from customers, many female employees also get discriminated against by their superiors.

In fact, the experiences of female employees in Florida workplaces is often quite different from their male counterparts. Women frequently complain of receiving offhand comments from colleagues and being sexually discriminated against and harassed.

Survey after survey have shown this to be true, and at our law firm, we talked with women who have been discriminated against first-hand and represented them in their legal claims. Some of our clients have claimed that they left a job because they were not given the same chances to advance as their male colleagues. In other cases, our clients have complained of insensitivity from their supervisors and coworkers, or receiving pay that did not match the pay of male equals.

Gender is not the only kind of discrimination that happens in many Florida workplaces, but it may be one of the most common and unnoticed forms of discrimination, and therefore, more attention needs to be brought to the problem by employees who stand up for their rights and say that enough is enough. Florida employees who feel they are being discriminated against because of gender, race, sexual orientation, national origin, religion or other reasons may be able to put an immediate stop to the abuse by filing an employment law action. Indeed, federal and state laws provide remedies to employees who can prove they were adversely affected by workplace discrimination.

A police chief from Ocala has been accused of multiple incidents of sexual harassment. Allegedly, the man committed the sexual harassment offenses at the funeral of a deceased fellow officer.

In one of the reported events, the police chief allegedly forced a female officer’s head to his lap while he was drunk. In another incident, he allegedly told a female officer that he would like her to date his daughter. The complaints also included incidents where the chief made comments about female officer’s breasts and made reference to lewd sexual acts.

The sexual harassment grievance was filed on behalf of three police officers. The lawyer representing the women said that her clients feel horrible, horrified and terrible because the incidents happened at the funeral of a fallen officer and they still have to call the man who sexually harassed them their boss.

Even though multiple witnesses confirmed that the incidents took place both on and off-duty, the mayor of Ocala announced that the police chief will not be suspended until after investigations have concluded. The attorney representing the women said that the chief should — at the very least — be reassigned until the investigations are complete.

No kind of sexual harassment should ever be tolerated by any worker. It doesn’t matter the place of employment is a police department, a barbershop or a convenience store. This kind of abuse is unlawful and those who have been victimized by sexual harassment can seek legal action to make it stop immediately. They may also be able to seek financial restitution for injuries and damages caused by the abuse.

Source: PINAC, “Florida Police Chief Under Investigation for Sexual Harassment While at Fallen Officer’s Funeral,” Ben Keller, Sep. 20, 2016

Whether you are dealing with a dispute with another business or a contract issue with your employer, your grasp of the English language can be a factor in how the case turns out if you don’t partner with someone who can provide the appropriate help. A recent report from PBS News discussed the impact of translation services on court proceedings, and for many involved, it wasn’t always positive.

Having an interpreter, which is often provided by the court, seems like a great idea. Even if you speak English, if it is your second language, you might not be fluent in the legal language used in a courtroom. Even people who speak the language from birth often struggle with some of the concepts and terms presented in legal documents and court discussions. For people whose first language isn’t English, or for cases that require multilingual documents, a good service that provides legal translation online could provide much-needed clarity for lawyers and laypeople alike. Documents have a lesser error rate in translation because they are carefully studied and processed. This luxury isn’t, however, affordable when it comes to courtroom translators.

A random translator provided by the court isn’t always a strength for your case, though. According to the PBS report, many of these translators are not well-versed in legal concepts and language either, and they aren’t always as fluent as you think in the language they are translating. One translator recounted stories to the PBS reporter of translation issues that could cause serious issues with a case’s outcome.

One case, for example, revolved around a traffic violation that a man was admitting guilt to. The translator used a word meaning violation that had a different connotation in the man’s language, however — one that meant “rape.” The man frantically shouted after hearing the translation that he didn’t rape anyone.

Employment disputes can be complex even without translation issues. Working with a bilingual attorney helps you avoid translation issues and reduces your reliance on random translators.

Source: PBS, “How bad translation by court interpreters can turn misunderstanding into injustice,” Rebecca Beitsch, Aug. 17, 2016