First, what does “hostile work environment” mean? According to the U.S. Department of Labor, it means offensive conduct severe or pervasive enough to affect the conditions of employment. In other words, it is conduct that makes it difficult or impossible for a worker to perform his or her duties.

Many different kinds of conduct can make a workplace unpleasant, but only specific actions can be considered sexual harassment. In most cases this includes:

— Making sexually suggestive comments

— Discussing sex

— Touching someone unnecessarily

— Making comments about a person’s physical attributes

— Engaging in offensive language and indecent gestures

— Making unwanted sexual advances

Further, a single instance of these behaviors may not be sufficient to qualify as a hostile work environment under Florida law. To be considered a violation of the law, the conduct must be severe and pervasive. A few factors that can support the severe and pervasive requirement include the frequency of the conduct, whether the victim felt threatened and whether the behavior interfered with the victim’s ability to work.

Many victims do not know if they are truly employed in a hostile workplace or if they are a victim of sexual harrasment. A good rule of thumb is to note the way the conduct makes you feel, how often it occurs and if it makes your job difficult or impossible. If, however, you are still unsure, you might consider talking with a lawyer about your case. Doing so can provide you with clear and authoritative advice based on the specific details of your experience.

We urge you to continue reading our web pages to find out how the Florida legal system can help you with sexual harassment in the workplace.

If you knew or suspected your employer was engaged in illegal or unethical activities, would you report it to the government or legislative authority in your industry? Most of us would like to think we’d do the right thing and report our suspicions, even if it meant risking our jobs or opportunities within the company.

However, a new study suggests that most employees hesitate to report wrongdoing by a manager or employer, even if employers have explicit policies protecting whistleblowers’ rights. In fact, the study finds that employees who work for companies with such policies are less likely to blow the whistle. Why might this be?

The answer has to do with behavioral psychology. Employees often hear of whistleblowing cases via the news, usually when an employee has sued for retaliation or termination. Perhaps they know someone who was fired or denied promotion due to a whistleblowing claim, or even for filing a claim with HR.

So, the mere presence of whistleblower protection policies creates an unconscious fear that those policies will not be upheld. After all, this seems to be what happens every time whistleblowing cases make the news. Researchers found that having an explicitly stated whistleblowing policy actually lowers the likelihood of an employee’s taking action by 25 percent on average.

How you can protect your rights

Of course, there are certainly companies that uphold their stated policies regarding whistleblowing. Companies that foster a culture of honesty and “practice what they preach” are often more likely to avoid legal action from their employees.

That being said, there are also businesses that do not have whistleblowing policies or attempt to skirt around their policies when facing investigation by a governmental authority. If you feel threatened or have suffered retaliation because you blew the whistle on your employer, speak with an experienced employment law attorney. He or she will help you take advantage of the protections offered to you under both state and federal laws.

Religion can be a hot button issue in the realm of employment law. For many—employees and employers alike—the line between discrimination and an ordinary working environment seems a bit blurred. Since you are asking questions about religious discrimination in the workplace, you clearly feel that something is wrong.

You probably like and want to keep your job or you would likely just leave and seek employment elsewhere. What you should always remember is that it is 100 percent against the law for an employer to allow workplace discrimination to exist. If you are fuzzy about what constitutes religious discrimination in Florida, here are some common examples or wrongful behavior in the workplace.

— Any offensive religious comments or gestures that make your workplace feel hostile

— Refusal to employ or promote you because of your religion

— Failure to give you a raise solely because of your religion

— Withholding job assignments due to your religious beliefs

— An unwillingness to make reasonable accommodations for you (e.g. not allowing the facial hair or headgear required in accordance with your faith)

— Being terminated solely because of your religion

— Retaliating against you if you have complained about religious discrimination

Further, if you have notified your employer about workplace harassment or discrimination, it is the employer’s responsibility to put a stop to the offensive behavior. Failure to do so is just as illegal as the discrimination.

If you want to protect your right to freedom of religion as well as your job, you should probably seek guidance from an employment law attorney who serves the citizens of Miami, Florida. Your lawyer can help you decide if you need to take legal action against your employer.

Source: U.S. Equal Employment Opportunity Commission, “Religious Discrimination,” accessed March 15, 2016

Over the years, Miami, Florida has become a thriving business center offering residents lots of employment opportunities. Unfortunately, opportunities can quickly turn into nightmares for those who believe they have been wrongfully terminated. Common reactions to a wrongful termination include despair, anger and frustration. You want to do something to fight for your rights and you want satisfaction now.

You are right to want satisfaction if you have been fired illegally, but before you do something you cannot undo, take a beat and consider your case carefully. While it is completely understandable, deep-seated anger is of little use in a wrongful termination case. In fact, it can even hurt your claim if you act rashly. With that said, there are a number of things you can do to strengthen your claim if you decide to take legal action.

— Speak with an attorney who handles employment law about your situation

— Resist acting out negatively against your employer

— Request access to your personnel file

— Make sure to find out why you were terminated and who made the decision

— Review your employment contract carefully if one exists

— Promptly return all company property and comply with post-employment procedures

— Gather evidence of any suspected wrong-doing by your employer (e.g. agreements or promises your employer made)

— Ask for documentation regarding your termination

— Do not let yourself become intimidated by your employer’s words or actions

Maintaining a professional and calm demeanor will also greatly benefit your case. The attorney you choose can help you cultivate this demeanor while also offering you legal solutions about your claim. Put your emotions aside and trust in your attorney’s experience and knowledge of Florida employment law.

Source: FindLaw, “Wrongful Termination Claims,” accessed March 09, 2016

Employment contracts exist for good reason. When well-planned and complied with, these contracts protect the rights of employees and employers alike. Over the decades, Florida has become a thriving business center with more and more employers using employment contracts to secure good workers.

In most cases, these contracts benefit the employee as much as the employer. They can clearly outline the expected duties of the worker; they specify wage and hour requirements; and they often include severance package information in case of unexpected termination. However, before agreeing to sign an employment contract it is crucial for Florida workers to make sure the document protects their interests.

Employment contracts can contain elements that may sound harmless but can cause trouble for the employee down the road. Some of the contract elements that should be carefully considered include:

— Best efforts provisions: These usually mean that the employee will agree to perform the required work as best as possible. However, what if your employer’s vision of your best efforts turns out to be unreasonable? You might find yourself looking for new employment.

— No additional compensation provisions: In many cases, this provision will not be a source of friction. With that said, you might find yourself in the position of doing more work than you expected for no additional pay.

— Arbitration provisions: The provision means both parties will resolve employment disputes outside of the law. However, sometimes the dispute is so egregious that a courtroom resolution may be the only way to truly solve the problem. Signing a contract with this clause can tie an employee’s hands significantly.

These examples represent just a few of the contract provisions that may or may not lead to trouble later on. Rather than signing the employment contract with little to no consideration, it is beneficial for employees to have an employment attorney review the document and offer advice.

According to studies by the Food Labor Research Center at the University of California, Berkeley, restaurant servers – both male and female – are more likely to be the victims of sexual harassment in the workplace. The data, published in an interview on tipping practices with a Washington Post journalist, indicates that the restaurant industry receives five times the number of sexual harassment claims than any other industry. Furthermore, studies found that 30 percent of sexual harassment claims made by women come from restaurant workers, though only seven percent of American women work in that industry.

This shocking disparity underscores the importance of understanding your employment rights. The director of research at UC Berkeley, Saru Jayaraman, noted that in some studies, she found that women who were accustomed to being sexually harassed as a server were slower to report harassment in other fields once they moved on from waiting tables. The reason? Because the harassment wasn’t “as bad” as when they were servers.

The problem cuts both ways

This is not to say that all restaurant owners encourage or refuse to do anything about sexual harassment. In fact, many have strong policies prohibiting harassment on the part of employees, management and yes, even customers.

Jayaraman notes, however, that sometimes a disconnect between the corporate office (the real “owner” of the company) and local management exists such that harassment claims go unanswered or take longer to be addressed than they should. This disconnect occurs more frequently in chain restaurants where franchisees have more autonomy over their particular establishments.

The problem is not only bad for employees, but also employers, she insists. Servers who feel pressured to please customers above all else are more likely to engage in “non-malicious but less than ideal practices,” like appeasing upset customers with complimentary drinks or appetizers. These practices hurt the company’s bottom line. Being constantly belittled or hit on while working can also create a negative work environment for servers and bar attendants. Such an environment could lead to lackluster performance and high rates of employee turnover.

What you can do

Whatever side of this issue you fall on, whether as employer or employee, talking with an experienced attorney is essential if you encounter sexual harassment or alleged sexual harassment in your workplace. Sexual harassment claims require intense investigation and a clear head to navigate successfully. An employment lawyer with practical experience handling such claims will be your best ally to obtain a satisfactory resolution.

Source: Washington Post, “I dare you to read this and still feel good about tipping,” Feb. 18, 2016