Florida is an “at-will” state meaning that both the employer and employee are working of their own volition. Neither has a contractual duty. They are not legally bound to one another. When there’s an at-will employment contract at issue, either party can terminate the arrangement for any legal reason and no lawsuit for breach of employment contract can be brought. At-will employment may not be terminated because of retaliation, discrimination, etc. 

Under both federal and Florida law, workplace sexual harassment is unlawful discrimination. To prove one was subject to a hostile work environment:

1. the harassment occurred because of the person’s sex; 
2. the harassment was sufficiently pervasive or severe to alter the conditions of the person’s employment and create an abusive working environment. 

Harassment is sufficiently severe or pervasive when an objective and subjective test have been satisfied to show it altered 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 harassment
• The severity of the hostile conduct/harassment
• Whether the conduct is physically threatening or humiliating or an isolated incident
• Whether the conduct unreasonably interfered with the person’s job performance 

If you believe you were subjected to a hostile work environment in Fort Lauderdale, Florida, contact us at 1-877-858-6868 or coordinator@caklegal.com. 

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

Under Florida law, the following must be satisfied to enforce the covenant:

• The agreement must be signed in writing by the person against whom enforcement is sought.
• The company/person seeking enforcement must prove the existence of one or more legitimate business interests that supports the need for the covenant. These may include such as protecting trade secrets, extraordinary or specialized training, and customer, patient, or client goodwill associated with geographic location, trade area or ongoing business practice.
• The company seeking enforcement must show the specified restraint 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 Fort Lauderdale

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 1-877-858-6868 or coordinator@caklegal.com. 

In Florida, the person attempting to enforce the restrictive covenant must make a prima facie case that the restraint is reasonably necessary. Once they have established a prima facie, the opposing party has the burden of establishing that the restraint is not reasonable. They can do this by proving that the restraint is overbroad, overlong or not reasonably necessary to protect the established legitimate business interests

Hiring a Fort Lauderdale employment attorney is an important decision. Our employment attorneys are leaders in Florida employment law and are respected by other attorneys and judges. 

To speak with one of our Fort Lauderdale employment attorneys, contact us at 1-877-858-6868 or coordinator@caklegal.com.