Employee laws are now as complex as the tax codes. Just
as you must know and understand the tax codes, so an employer must know
and understand employee law. If a claim is brought against you or your
organization, the courts will not be any more interested in your defense
of "good intentions" than the IRS would be. All that the court
is permitted to consider is whether or not you have followed the law.
Employee laws have technicalities which a good
supervisor must know, and supervisors must know what they
should or should not say or do in response to a personnel matter.
Managers may fail to take significant action quickly
enough when a claim is made against them. Once a claim is made, there are
specific actions an employer must immediately take. Failing to take the
right action at the right time can result in the problem escalating into a
lawsuit and becoming more difficult and expensive to resolve.
Perhaps more than in any other area, employment law
disputes are won by how well an attorney has worked with the staff before
a problem arose. My decades of experience with employment law has taught
me that an attorney's skill in this area of the law is beneficial only to
the extent that staff training has been kept current on how to handle
hands-on situations. Knowing the importance of getting the law into the
on-the-job reality, I provide training seminars on the subjects my clients
request.
I provide advice daily to government and corporate
managers on how to avoid litigation by understanding issues and problem
areas. I counsel businesses and local governmental entities in avoiding
personnel disputes and potential discrimination claims, such as EEOC
claims involving age, sex, and race, as well as claims under the
American's With Disabilities Act (the ADA) and The Family and Medical
Leave Act (the FMLA).
I have prepared many corporate and agency responses to
EEOC investigations of discrimination complaints made by employees.
Prevention and early intervention by the appropriate staff means that EEOC
responses can be built on a persuasive record.
I advise public clients on advertisements, interviews,
hirings, transfers, promotions, demotions, resignations, disciplinary
hearings, and terminations. I have prepared and coordinated personnel
evaluations of high-level agency officials.
I have written personnel manuals for local governmental
agencies and affirmative action plans for private clients. I have
participated in agency self-studies of performance.
I am experienced in the procedures followed by the
Equal Employment Opportunity Commission (EEOC) and the Florida Commission
on Human Relations, and I have given seminars on Personnel Practices,
Employment Discrimination, and Sexual Harassment.
I have dealt with employment issues such as, "just
cause" for termination and unemployment compensation.
My employment law practice includes the representation
of employers and employees before civil service boards, counseling, and
litigation of employment issues.
I have done extensive work in the area of personnel and
I am familiar with the provisions of the Drug-Free Workplace Act in
Sections 440.101 and 440.102, Florida Statutes. I am also familiar with
the nondiscrimination laws, including: 42 U.S.C. Section 2000e, et seq.
(Title VII of the Civil Rights Act of 1964); Chapter 760, Florida
Statutes, and Chapter 22I, Florida Administrative Code (Non-Discrimination
in Employment and other transactions); 29 U.S.C. Section 621 et seq. (Age
Discrimination in Employment Act); 29 U.S.C. Section 206(d)(1) (Equal Pay
Act); and 29 U.S.C. Section 793 et seq. (Rehabilitation Act of 1973), the
Civil Rights Act of 1991, the Americans with Disabilities Act, the Family
and Medical Leave Act.