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Magnifying glass over envelope highlighting workplace discrimination concerns
  • By: Matthew Romanik, Esq.

Why Is It Important To Document Workplace Discrimination Before Filing A Report With The Florida Commission On Human Relations? Before taking legal action or filing with a state agency, it's essential that you first report the issue internally to your employer’s HR department. This is largely due to what's known as the Faragher-Ellerth defense, a legal principle that holds that an employer should be given a fair opportunity to resolve workplace discrimination complaints internally before facing litigation. If you forego this, you risk losing access to legal remedies. Many claims can actually be dismissed outright if the employee hasn't given the employer a reasonable chance to address the issue first. What Happens If I Wait Too Long To Report Workplace Discrimination To The Equal Employment Opportunity Commission (EEOC)? When it comes to navigating workplace discrimination…Read More

Justice statue and law books reflect whistleblower rights in Florida investigations
  • By: Matthew Romanik, Esq.

In this article, you can discover… How confidentiality is maintained in Florida whistleblower cases. What to do immediately after an employer investigation. How an experienced attorney can help guide you through the investigation process. Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws. Who Handles Whistleblower Claims In Florida Government Agencies Or Private Entities? In Florida, there are key differences in the protections offered by state court law versus Federal protections. In state court claims, when your employer is a private entity, investigations occur at your employer’s discretion. Depending on how your private workplace’s human resources department works, there are likely specific channels through which you can report concerns or objections. In private companies, the only prerequisite for filing a whistleblower claim is that you have made an objection…Read More

Florida courthouse exterior, symbolizing legal support for whistleblower cases under state law.
  • By: Matthew Romanik, Esq.

In this article, you can discover… The evidence you’ll need to help support your Florida whistleblower case. How to collect and organize this evidence carefully and effectively. The role of witnesses in your Florida whistleblower case. Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws. What Evidence Do I Need To Provide A Whistleblower Claim In Florida? The type of evidence you need will depend on the type of violation that has occurred. For example, if you are complaining about the temperature of a nursing home being kept higher than regulations allow for in Summer, you should secure a log or electric copy of temperature readouts. If you are complaining about the improper disposal of dangerous products, photo or video evidence of the improper handling will be helpful. Statements…Read More

Complaint file – Balancing job duties and legal actions effectively
  • By: Matthew Romanik, Esq.

Remember To Record & Document Discrimination – Even While Your Case Is Ongoing If you remain employed during your case, it’s critical to continue recording and documenting any incidents of discrimination. This is because many types of claims in Florida include anti retaliation provisions. These provisions protect employees who bring good faith complaints, making any retaliatory actions taken by the employer far more serious. For example, I once represented a young waitress at a newly established restaurant. She endured frequent discriminatory and sexually inappropriate comments from a middle aged male kitchen manager. In good faith, she reported that the behavior was making her uncomfortable. While those comments alone might not have been actionable under the law, what followed certainly was. The manager to whom she reported the issue told her the next day that he…Read More

Red whistle symbolizing whistleblower protection under Florida’s Whistleblower Acts.
  • By: Matthew Romanik, Esq.

In this article, you can discover… How to know if you have a legitimate whistleblower claim in Florida. The steps involved in filing a whistleblower claim. How an experienced attorney can help you file your claim and avoid common mistakes.  Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws.  What Is The Florida Private Whistleblower Act? The Florida Private Whistleblower Act is a State-level statute that protects employees from retaliation should they object to or refuse to participate in conduct by their employer that violates laws, rules, or regulations applicable to their industry. There are other potential triggering events which can lead to protection, but the above is, by far, the most common. How Do I Know If I Have A Legitimate Whistleblower Claim Under Florida Law? As of…Read More

Legal Protections For LGBTQ+ Employees: What You Need To Know
  • By: Matthew Romanik, Esq.

What Are The Main Legal Protections For LGBTQ+ Employees In Florida? LGBTQ+ employees in Florida are protected under federal and state laws that prohibit discrimination based on sexual orientation and gender identity. This means that employers cannot treat LGBTQ+ employees differently than similarly situated coworkers. Any adverse treatment based on an employee’s sexual orientation or gender identity is illegal. If an LGBTQ+ employee is subjected to discrimination, they are entitled to seek financial remedies for any quantifiable damages they have suffered. These may include: Lost Wages: This is compensation for any income lost due to discriminatory practices, such as wrongful termination, demotion, or denial of promotions. Other Tangible Terms Of Employment: This covers other economic losses that can be directly linked to the discriminatory acts, such as lost benefits, reduced hours, or denied opportunities for advancement. In…Read More

  • By: Matthew Romanik, Esq.

In this article, you can discover… The impact of the Supreme Court’s decision in Bostock v. Clayton County on LGBTQ+ worker protections. How Title VII of the Civil Rights Act and Florida Statute Chapter 760 protect LGBTQ+ employees from discrimination. The alignment of LGBTQ+ worker rights with protections based on gender, religion, and national origin. What Are The Legal Protections Against Wrongful Termination For LGBTQ+ Workers? In the landmark case of Bostock v. Clayton County, Georgia 590 US 644 (2020), the law underwent a significant transformation regarding protections for LGBTQ+ workers.  The Supreme Court ruled that treating LGBTQ+ employees differently based on their sexual orientation constitutes gender discrimination under both Title VII of the Civil Rights Act and, consequently, under Florida Statute Chapter 760, which is the state equivalent protecting against adverse conduct.  This decision…Read More

Understanding Retaliation: Protecting Yourself After Reporting Discrimination
  • By: Matthew Romanik, Esq.

In this article, you can discover… The definition of retaliation under Florida’s employment law and its impact on employees’ rights. Examples of both obvious and nuanced forms of employer retaliation. How employer actions are evaluated based on their potential to dissuade employees from asserting their rights. What Constitutes Retaliation Under Florida’s Employment Law? Retaliation in Florida includes any employer action that would deter a reasonable employee from asserting their rights. Even relatively minor actions can be considered retaliation. Sometimes, retaliation is obvious through direct statements, but it can also be more nuanced. The key factor is whether the employer’s actions would dissuade a similarly situated worker from making the same complaint. What Steps Should An Employee Take Immediately After Experiencing Retaliation? Immediately after you experience retaliation, you should document the incident in writing using a verifiably delivered…Read More

A tense meeting in a conference room as one man accuses another, creating a hostile work environment - Working For Workers
  • By: Matthew Romanik, Esq.

In this article, you can discover… The legal definition of a hostile work environment in Florida, focusing on discriminatory conduct. How the frequency and severity of harassment impact a hostile work environment claim. Practical steps employees should take if they believe they are in a hostile work environment. What Is The Legal Definition Of A Hostile Work Environment In Florida? In Florida, a hostile work environment is defined by illegal, discriminatory conduct that is severe and pervasive, significantly altering the conditions of employment and creating an abusive working atmosphere. It involves specific criteria that must be met to substantiate your claim. Proving a hostile work environment claim requires the following: Protected Characteristic The behavior or treatment that is the subject of a claim must be based on a characteristic protected by law, such as race,…Read More

image of Disability claim form
  • By: Matthew Romanik, Esq.

If My Permanent Total Disability Claim Is Denied, Should I Immediately Apply Again? If you were denied permanent total disability by a carrier, immediately seeking out a law office for a consultation and to review your case is the best move you can make. Re-application of a claim after a final ruling by a judge is less common. The State of Florida has processes in place that require that both parties involved sit down and frankly and professionally discuss what resolutions are possible in good faith before the claim is filed with a judge. However, should you wish to contest a judge’s ruling, we can review your case and determine if there are reasonable grounds to appeal or request reconsideration. For example, a judge may not have had access to important medical or practical information…Read More

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