Employee arbitration agreements usually require that the employee sign a document that gives up his or her right to sue should something go wrong with the job. Common coverage points of arbitration include termination and discrimination; if you believe you were wrongfully terminated or discriminated against and you signed an arbitration agreement, you can’t always take the case to court. You can, however, take the matter before a third-party arbitrator.

One disadvantage of an arbitration agreement is the fact that an arbitrator has the final say in many cases. While arbitrators are usually fair in how they treat cases, they might not be as sympathetic to an employee as a jury might. You are usually not able to appeal an arbitration case, either, which means you are stuck with whatever decision the arbitrator makes.

Arbitration is also considered a speedier process than a jury trial. While this means less time waiting on a decision, it also means you have less ability to request documents and evidence. Since the employer likely already has access to most of the evidence, this doesn’t always work in the employee’s favor.

Speedier processing is a benefit for employees, as is the fact that arbitration proceedings are usually less formal than court proceedings. Both of these facts might help you save some money in legal and court fees. However, whether you should sign an arbitration agreement is up to your individual situation and career goals. Sometimes, refusing to sign an agreement or attempting to negotiate an agreement out of a contract can have negative consequences on your career. Working with a legal professional to understand exactly what is written in a contract can help you decide if signing it is the right move.

Source: FindLaw, “Employment Arbitration Agreements,” accessed Dec. 18, 2015

An employment contract is a written agreement that protects both the employee and the employer should anything happen that might result in the employee leaving a job whether voluntarily or involuntarily. The contract also protects you while you’re on the job and can help minimize issues between you and your employer by providing for clarity of expectations. But an employee contract is only as strong as your own negotiating skills and expectations.

Some things to consider asking for in an employee contract include compensation, the scope of your job duties and employment, benefits, expenses and terms of work, and the manner by which employment may be terminated. Numerous other considerations might be important for your situation, and your employer will likely have his or her own inclusions, so understanding how to negotiate and review a contract is important.

Compensation language is critical for most contracts. How much are you going to be paid, and how long will the employer guarantee that rate? Are you entitled to raises, bonuses, or other increases, and how will they be measured, decided upon, and managed? Is there any life insurance you will receive as part of your employee benefits? Do these life insurances qualify for tax deductions (see “when is life insurance deductible” for more information)?

To avoid doing extra work for no extra pay, make sure the scope of your job is included in the contract. What are your responsibilities and what will the employer expect of you? Do certain duties equate to bonuses or an increase in pay? Where are you expected to work, and will there be travel? If you are expected to travel or cover your own expenses, what is the policy for reimbursement? You want to ensure you don’t have to pay your own way with no assistance from your employer.

Understanding how, when and why employment can be terminated is also important. Once you have a contract, hold your employer to it. Breaching contract for any reason can come with consequences, and you have a legal right to hold the employer responsible for any added payments or other consequences associated with the contract.

Source: Forbes, “Negotiating Employment Agreements: Checklist Of 14 Key Issues,” Richard Harroch, accessed Dec. 11, 2015

Most workers in Florida would be able to tell you that sexual harassment is illegal. They might also be able to discuss worker rights and talk about how workers have a right not to be harassed and a right to protection from retaliation if they report harassment. But do you as a Florida worker recognize sexual harassment when it occurs?

Probably, you’re tempted to say of course you recognize sexual harassment. While some examples of harassment are blatant, such as a supervisor forcing a person into a situation in order to earn a promotion or raise, not all harassment events are so obvious. In a society where lewd and crude seems normal for many people, and the Internet makes it easy to share obscene or off-color humor, many people struggle with the line between acceptable and not acceptable.

When crossing the line seems like normal behavior, workers might be less likely to report an issue. They might think they are being overly sensitive or expect supervisors to laugh at them or belittle their complaints. That’s why it’s important for everyone within an organization to understand what sexual harassment looks like.

Some examples of sexual harassment include sending images that are sexual or graphic in nature to coworkers, whether you are using work-related machines and devices or not, and using lewd or suggestive comments in speech, text or email. Talking about someone’s body in a suggestive way or commenting on someone’s physical appearance can also be sexual harassment.

Most people can see the difference between complimenting someone by telling them their dress or shirt looks great on them and making a comment about a specific body part. However, sexual harassment can occur with seemingly innocent comments if those comments are made in a suggestive, sexual or threatening manner.

Employees who are uncomfortable with a situation should always be able to report it without fear of laughter or retaliation. If you feel you are being sexually harassed and reports of the behavior are being ignored, then you might have grounds for legal action. Understanding and exercising your rights is often easier when you work side-by-side with a legal professional.

Source: Money, “How to Recognize Sexual Harassment in the Workplace,” Heather Huhman, accessed Dec. 04, 2015

Florida recalculates minimum wage requirements each year and makes any changes for the next year known in the last few months of the year. The state has announced an effective minimum wage of $8.05 per hour for 2016. That rate will go into effect on Jan. 1.

The state minimum wage is higher than the federal minimum wage, so it becomes the legal requirement for employers in the state. Some exceptions do apply, specifically regarding workers in tipped industries. Tipped workers must be paid a minimum of $5.03 per hour plus their tips.

Workers in the state have a right to the minimum wage and they cannot be retaliated against by demanding such pay. Workers have the right to file a complaint if they are not receiving at least minimum wage. Workers should begin the process by informing their employer of the issue. If the discrepancy of pay is not resolved within 15 days, the worker can seek civil legal action.

In addition to making payments to the worker, employers are subject to fines associated with failure to pay the minimum wage. Most employers won’t deny workers the minimum wage outright, but errors in math or suspicious accounting could be used to pay workers less than the minimum wage. For example, an employer might pay a worker for 10 hours when 15 hours were worked. That could result in the worker receiving less than $8.05 per hour for all hours worked. As a solution to that, giving an example of law offices, they generally use a law firm accounting service or software to help with all the billing, payroll and other accounting tasks that are required. This ensures higher accuracy and ease of business.

If you feel your right to at least the minimum wage is being infringed upon, you could have a legal case. If your employer has not corrected the wage issue, you might seek a solution through civil court.

Source: Florida Department of Economic Opportunity, “Notice to Employees,” accessed Nov. 18, 2015

As an employee or worker seeking a job, you might often feel like you are battling corporate Goliaths. Corporations often seem to have all the money and all the power, but there are laws in place to protect both employees and job applicants. A recent court decision in another state illustrates the power of those laws. In the case reported, worker discrimination laws even stood up under the pressures of foreign royalty.

The case began when three women were dismissed from work. The women were drivers who were hired by companies to assist driving a Saudi prince around. The prince was in the country for treatment at the Mayo Clinic.

According to reports, 40 drivers were hired to provide the services. The Saudi prince requested that the woman be dismissed. In his country, women are not allowed to drive.

In an attempt to appease the prince, the company let three women go. Those three women filed a discrimination lawsuit, naming three companies. Two of those companies settled. The third company lost in court when a federal judge ruled on the side of the women.

In the United States, workers are protected by laws that keep companies from making hiring decisions based on factors such as gender, race or age. Even if customers voice a preference for a certain type of individual, companies cannot let someone go just because of his or her gender or ethnicity. This is true even if the customer is a rich or powerful person, such as a foreign prince or a celebrity.

If you believe you have been discriminated against because of your race, g

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ender, age or other inappropriate factor, you have options for legal remedies. Speaking to a legal professional can help you understand those options and how to take action.

Source: Miami Herald, “Judge sides with female drivers in discrimination complaint,” Nov. 05, 2015

Employment disputes can arise for many reasons, but litigation often doesn’t begin until an employee is let go. Both business owners and employees have rights, and they want to protect themselves against lawsuits or unfair loss of employment. One way that both parties can protect themselves is by proper use of the I-9 Form.

The I-9 is a form used by businesses to indicated that they have collected and reviewed certain documents when hiring someone. The form has to be completed for all employees. It requires that employers ensure workers are eligible for work in the United States.

The I-9 can also be used to protect a business against claims that it knowingly hired someone who was not eligible for work in the country. As long as the form is completed and documents were appropriated reviewed and are on file, a business can not be held liable by the government for a fraud enacted by someone looking for work despite being ineligible.

The business has the right to fire or terminate anyone it hires if they do not produce the required documents. Usually, a new employee is given three days to produce these documents.

On the employee side, there is some leeway in the I-9 process. First, the process offers several options for proving eligibility, which makes it easier for some individuals to provide appropriate documents. Second, if someone cannot provide the documents within the three day timeline, they might be able to provide proof the documents are coming. The I-9 process allows workers to show a receipt indicating a replacement document has been ordered in cases where originals have been lost or destroyed.

The I-9 form is an important legal requirement. for employers. It can help reduce disputes about eligibility or discrimination. Understanding all legal requirements and rights can help both businesses and employees protect themselves.

Source: Department of Homeland Security, “I-9, Employment Eligibility Verification,” accessed Nov. 06, 2015