Florida Employment Rights

In Florida, state and federal laws protect employees from unfair work situations.

As with any of the other 49 states, Florida has a set of laws regarding the hiring, interviewing, employing and firing of employees. Factoring into these rules are principles concerning discrimination, harassment, benefits and safety. An employer who violates his employee's rights can expect to be sued and fined, or in very severe cases, jailed.

Hiring

An employer can hire whomever he wants, but his decisions have to be based on the applicant's ability to do the job, and not on personal opinions or judgments. An applicant's rights are violated when he is refused a job based on his age, race, gender, religion, nationality or disability.

Interviews

While a potential employer can ask just about any question regarding the applicant's employment history, experience and education, questions about the interviewee's personal life are off limits. Marital status, children, sexual orientation and previous arrests usually don't affect the potential employee's ability to perform the job in question and shouldn't be included in the conversation. However, convictions, eligibility to work legally and anything that could stand in the way of the person fulfilling job requirements are another story. If it pertains to the job, it's a valid question.

Policy Notification

Workers in Florida are considered to be employed at will, and it's difficult to overcome this presumption, especially in the case of a contract, which spells out the stipulations and policies of the position. Another way for employers to notify their employees of policies and workplace rules and for employees to know their workplace rights and expectations is by disseminating an employee handbook. At the very least, an employee handbook will explain the concept of at-will employment and include a statement of equal opportunity employment, harassment policies, Internet and communication rules and address the Family Medical Leave Act.

Safety and Harassment

At both the state and federal level, laws protect employees from hazardous and harmful work environments. In Florida, anonymous complaints can be filed against an employer regarding the safety of the workplace, protecting the employee from being identified. When a worker is injured, worker's compensation will be paid according to the level of disability and how long it will last. Two-thirds of the employee's salary will be paid in the case of total permanent disability. Those totally disabled on a temporary basis will also be paid two-thirds of their weekly salary, but only for 104 weeks. Impairment and partial disability commands other rates. Unwelcome sexual advances, conduct and comments, in addition to the suggestion of benefits offered in exchange for sexual acts or a resulting hostile work environment all fall under the category of sexual harassment. Employees are protected by law from such situations, but harassment suits are complex and should be discussed with an attorney.

Wrongful Termination

Just as companies in Florida are prohibited from refusing to hire applicants based on age, sex, race, religion, nationality and disability, employers cannot terminate an employee for any of these reasons. When it comes to termination, other illegal reasons include pregnancy and refusal to commit illegal acts. Employees are also protected from instances in which an employer might fire them in retaliation against a claim or suit, without following corporate procedure or for any reason not stated as grounds for breaking a contract.

References

• Lawyers.com: Employment Law in Florida