Are you a part-time worker who feels treated differently, even if it is subtle, from your full-time counterparts? Employer and employee discrimination against part-time workers is a real thing, but there is not much written about it compared with discrimination on the basis of age, gender or sexuality.

1. Spillover effect of other discrimination

There are more female part-time workers than there are male. Sexual harassment of females in the workplace happens a lot, as do women getting passed over for promotions or being criticized for requesting more flexible schedules. Some of the discrimination against part-time workers is likely a spillover effect based on who they are.

2. Perception of “less than qualified”

There is a tendency to see full-time work as the standard to aspire to. In fact, many part-timers want to work full-time, but the opportunities are not there yet. Some, however, prefer part-time work, perhaps because of how well it meshes with their personal lives. In any case, many people in the workplace subconsciously see part-timers as slackers, lazy and not productive like their counterparts. Depending on the workplace culture, a part-timer may actually have a harder time getting a full-time job than applicants from outside the business. Projects, unique opportunities and more tend to get handed off to full-timers. This can also affect you in the form of:

• Lower (or no) pay raises

• Making less money per hour than a full-timer

• Dealing with stricter consequences when you make a mistake

• Being skipped over for promotions or full-time consideration

In the eyes of many an employer, “part time” means “lesser than,” even if the businesses do not recognize what is going on.

3. Less legal standing

In fact, you could argue that the perception of “less than qualified” spills over into federal law. As an example, the 1963 Equal Pay Act aims to address disparities between gender and pay. Workers, whether male or female, must be paid similarly and receive similar benefits for work that is more or less the same. For part-time workers, the catch comes in the fact that the law allows them to compare their pay only to other part-time workers who have similar experience.

While part-time employee discrimination is a real thing, it is often subtle. After all, full-time workers see one another more and have more opportunities to form emotional bonds with one another. The legal issues around discrimination can be complex, so if you feel you are being discriminated against at work, it may be in your best interest to consult with an attorney.

Florida employees are commonly forced to sign non-compete clauses before starting work with a new employer. This seems to make sense for high-level employees who could steal industry trade secrets and clients from their employer. However, what about low-wage workers who aren’t very high up on the totem pole? Is it fair to force an $10-an-hour worker out of his or her industry due to a non-compete clause?

Since Florida is considered a “right-to-work” state, employers can let their employees go for no reason. Florida is also known to be a strong enforcer of non-compete clauses. These contracts ban workers from getting a job with a competing company for a specific period of time following the job where they signed a non-compete. In some cases, even if a worker is fired from his or her job, the worker will not be permitted to work for a competing company in the same industry.

Not all states are strict about enforcing non-competes. In California, for example, the state does not actively enforce these contracts. Other states engage in moderate, case-by-case enforcement.

According to one researcher, approximately 18 percent of American workers have signed a non-compete clause in their employment contracts. Fourteen percent of workers earning under $40,000 annually have signed non-competes. However, experts say that low-wage employees are the most vulnerable to the ill-effects of a non-compete clause. One of the reasons is because these lower wage workers have less financial capacity to remain unemployed during the period of the non-compete.

If you have been subjected to a non-compete clause that you feel is unfair, a Florida employment lawyer may be able to help. By discussing your non-compete clause with an employment law attorney, you can learn about your legal rights and options for re-employment, and whether you can fight your non-compete clause in court.

Source: CBS News, “Should low-wage workers have to sign non-compete agreements?,” accessed Feb. 08, 2017

Media outlets are reporting that Fox News has settled a sexual harassment lawsuit that a Fox employee brought against Bill O’Reilly. According to a letter obtained by the New York Times, lawyers representing the former Fox employee accused O’Reilly of trying to have a sexual relationship with her. The ex-employee refused his advances and claims that O’Reilly and a Fox News executive retaliated against her by negatively affecting her career.

According to the New York Times, the woman agreed not to file a lawsuit and not to talk about the matter in exchange for a paid six-figure settlement. The New York Times received the information about the confidential settlement in the mail via an anonymous letter. When contacted, the lawyer who represented the ex-Fox employee refused to talk about the matter.

According to a lawyer representing O’Reilly, there is no basis for the woman having a sexual harassment claim against the man. The Fox News executive who allegedly sabotaged the woman’s career has also denied the allegations.

This is not the first time O’Reilly’s name was associated with a potential sexual harassment scandal. An ex-Fox producer sued O’Reilly in 2004, saying that he directed lewd comments at her and made unwanted sexual advances. The parties in that lawsuit settled it for millions of dollars.

Florida residents who have been victimized by on-the-job sexual harassment may be able to pursue financial compensation for damages. A successfully navigated sexual harassment lawsuit could bring victims money to pay for lost income, lost opportunity, emotional turmoil, attorneys fees and more.

Source: Miami Herald, “Fox secretly settled sexual harassment allegations made against Bill O’Reilly,” Teresa Welch, accessed Feb. 03, 2017

Medical marijuana will now be legal for many Florida employees to use to treat their illnesses. To understand what products are now legal and available as well as how to obtain them, Click here. These employees will not face the threat of criminal prosecution for their marijuana use; however, they could still lose their jobs.

Although many employees have heard that life-transforming medical marijuana will now be legally available to them, some have not heard that using the medicine could put them in danger of termination if their employers don’t agree with their marijuana use. This is the case even if the marijuana is prescribed by a doctor. One resident of Fort Myers said that this situation is unfair, especially if the employee has an identification card for medical marijuana and they only choose to vaporize the medicine using the likes of a CFX Boundless or an alternative model, in the comfort of their own home.

This situation could change if legislators decide to include marijuana as an acceptable drug to treat disabilities. If the person taking the medically prescribed drug can claim disability status, then firing him or her for marijuana use won’t be possible, as long as they can still perform their job duties, they can still buy bud online or through there local dispensaries and use it the self medicate.

Ultimately it is no secret that medical marijuana is totally changing the way that some illnesses are treated and managed. It is also interesting to note that some cannabis brands even pay for funding low-income patients. This seemingly suggests that cannabusinesses have more faith in their products than ever before and are dedicated to giving back to the communities that they serve.

There are still some legal grey areas though. For instance, other states have encountered a similar issue relating to employees and medical marijuana use. Minnesota, Delaware and Arizona have created laws that protect people who use marijuana with medical authorization. Hopefully, the Florida legislature will respond in kind, so that individuals using this medically available drug will be protected by anti-discrimination laws.

Do you feel that you were discriminated against on the job? By contacting a Florida employment law attorney, you can determine whether you lost your job inappropriately, and whether you may have a claim for financial damages in court.

Source: abc-7.com, “Medical marijuana a gray area for employers,” Jan. 13, 2017

Sometimes an employee’s firing represents a legal violation of public policy. Public policy laws relate to things that the public perceives as ethically inappropriate and morally reprehensible. Public policy laws relate to ethics and morality, so sometimes they are interpreted in different ways from attorney to attorney, judge to judge and state to state.

Nevertheless, there are a few things that Miami employees can rely on when it comes to evaluating whether the termination of their employment represents a violation of public policy. Let’s take a look at some of the most common public policy violations employment law attorneys see in the state of Florida.

— Refusal to commit an illegal act: If an employer asks his or her employee to violate the law in any way, then the employee has every right and a moral duty to disobey and refuse to violate the law. Terminations resulting from a refusal to break the law are unlawful and employees can fight back when this happens to them.

— Complaining about illegal actions: Employees who complain to their superiors about an illegal activity that is taking place on the job are protected from being fired. Laws that protect employees who notify their superiors about illegal activities are known as “whistleblower” laws.

— Terminating an employee after he or she benefits from an employment right. In certain circumstances, employees have the right to take permissible family leave, like after a baby is born. Employees may also be able to take leave following a serious injury. If an employee loses his or her job after benefiting from an employment right like this, it will certainly represent a wrongful termination.

If you or a loved one have been affected by a wrongful termination that represents a violation of public policy, legal claims can be made in court. If successfully navigated, wrongful termination victims can seek financial compensation for lost wages and other damages.

Source: FindLaw, “Wrongful Termination Laws: Illegal Reasons,” accessed Jan. 19, 2017

When it comes to workplace harassment, one of the most commonly misunderstood areas affects pregnant women. The American Association of University Women claims that there are 68 million women in the workplace across the country, 75 percent of whom will become pregnant at least once. The Pregnancy Discrimination Act was created to prevent business owners from discriminating against expectant mothers in a variety of ways. Here are some of the most common forms of discrimination that are covered:

Missed promotions

In businesses with more than 15 employees, the PDA prevents pregnant women from being bypassed for promotions or reassigned unnecessarily. Their maternal status can also not be used to determine hiring or firing.

Job holding

Most women need to take some time off after having a baby to recover and adjust to the new role of mother. In this case, the woman needs to be treated as any other employee would who was on leave for disability or sickness. Her job must be held for the same amount of time as other employees and other considerations given, such as vacation time accrual and pay increases.

Altered benefits

Single employees are often offered different benefit options than those who are married or have a family. Once a woman becomes pregnant, she must be offered pregnancy-related benefits even if she is not married.

Pregnancy impairments

The Equal Employment Opportunity Commission states that any conditions that occur as a result of pregnancy may be eligible to be considered a disability. The Americans with Disabilities Act states that impairments such as preeclampsia and gestational diabetes are both possible disabilities that can be covered. If your condition requires that you have modified duties at work, your employer must provide these if it is possible to do so.

Maternity leave

While not every employer is required to give maternity leave, those who allow sick or disabled employees to take a leave must do the same for new mothers. The Family and Medical Leave Act also states that if the other disabled employees are required to obtain a doctor’s note before receiving benefits or taking leave, the pregnant woman will be required to do the same. This does not mean that the woman will be paid during maternity leave, but should be treated the same as other disabled employees. The same privileges should also apply to foster or adoptive parents.

If you feel you have been mistreated or that your employer has violated the laws against pregnancy harassment in any way, speak with an attorney today. An experienced lawyer knows how to fight for your rights and seek compensation for any damages incurred.