It is lawful to terminate someone for a bad reason, no reason, or even a misunderstanding of the facts – so long as the reason for termination is not illegal. What constitutes a wrongful termination? It is unlawful to terminate an employee for any basis protected by federal or state law. There are many federal and state laws that relate to wrongful termination. The most well-known federal law is Title VII of the Civil Rights Act, which prohibits workplace discrimination on the basis of age, sex, religion, pregnancy, and national origin. 

Under Florida law, the Florida Civil Rights Act prohibits workplace discrimination for the same reasons as Title VII. There is a large body of judge-made law that interprets and applies Title VII and the Florida Civil Rights Act. It is important you speak with an attorney to know your rights under federal and Florida law. 

If you believe you were subject to a wrongful termination in Tampa, Florida contact us at (813) 705-6275 or coordinator@caklegal.com. 

Under both federal and Florida law, workplace sexual harassment is considered a form of unlawful discrimination. The elements to establish a claim of hostile work environment in Florida are: (i) the harassment occurred because of the person’s sex; (ii) the harassment was sufficiently pervasive or severe to alter the conditions of the person’s employment and create an abusive working environment. 

As stated by a federal court in Tampa, harassment is sufficiently severe or pervasive when it is so offensive as to alter the conditions of the person’s employment. Martinez v. Pavex Corp., 422 F. Supp. 2d 1284, 1292 (M.D. Fla. 2006) 

Factors that Florida courts consider when determining whether a hostile work environment exists include:

• Frequency of the hostile conduct
• Severity of the hostile conduct
• Whether the conduct is physically threatening or humiliating (as opposed to a one-off insult)
• Whether the conduct unreasonably interferes with the person’s job performance 

If you believe you were subject to a hostile work environment in Tampa, Florida, contact us at (813) 705-6275 or coordinator@caklegal.com. 

Non-compete, non-solicit, and non-disclosure agreements are all forms of restrictive covenants. Under Florida law, restrictive covenants are governed by Fla. Stat. § 542.335

Under the Florida restrictive covenant statute, the following criteria must be satisfied to enforce a non-compete or non-solicit:

• The agreement must be signed by the person against whom enforcement is sought.
• The company seeking enforcement must show the existence of one or more legitimate business interests, such as protecting confidential information, substantial customer or patient relationships, or intellectual property. 
• The company seeking enforcement must show the restraint at issue is reasonably necessary to protect the legitimate business interests justifying the restraint. 

There are also many statutory and contract law defenses to prevent the enforcement of a non-compete or non-solicit in Tampa, Florida. 

If you have questions about a non-compete or non-solicit agreement or have received a cease-and-desist letter or been sued, contact us at (813) 705-6275 or coordinator@caklegal.com. 

In Florida, you may be entitled to commissions or bonuses based on an oral agreement. A written agreement is not required. It is prudent, however, to reduce an oral agreement to writing. Even an email recapping the oral agreement is helpful. That helps avoid ambiguity over the terms and existence of the agreement should there be disagreements later. 

Hiring a Tampa employment attorney is an important decision. Our Tampa employment attorneys are leaders in Florida employment law and are respected by other attorneys and judges. To speak with one of our Tampa employment attorneys, contact us at (813) 705-6275 or coordinator@caklegal.com.