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HomeMy WebLinkAbout00-00-2004 Employment Law 101BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. Brown • Offices in Orlando, Kissimmee, Suzanne D'Agresta' Cocoa & Viera Anthony A. Garganese° Gary S. Salzman' John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law EMPLOYMENT LAW 101 Joseph E. Blitch, Esq. Presented to the Tri-County League of Cities EMPLOYMENT -AT -WILL Debra S. Babb-Nutcher Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos Erin J. O'Leary Of Counsel Bush hires Clinton to answer phones at his new presidential library. Bush orally agrees to pay Clinton $10.00 per hour for a 40 hour work week. Two months into the job, Bush learns that Clinton has been making rude comments about the Republican Party to people visiting the library. Bush also has heard, through the grapevine, that Clinton has been rude with callers. Bush also observes Clinton spending too much time hanging out with female employees at the cappuccino machine. What employment actions may Bush take under Florida law? Does it make any difference if Clinton has already passed his 90-day probationary period as an employee? 2. DISCRIMINATION BASED ON A PROTECTED CLASS (RACE AND AGE) You are the human resource director for a forty-five person company that provides computer products and assistance to several Orlando area construction companies. Monday morning, David, a 56 year old African -American employee is waiting to see you. He is obviously disturbed. David tells you that he believes that his white, 35 year old supervisor, Rodney Racist, has been treating him badly because he is black. According to David, Rodney assigns David to predominantly African - American businesses, has turned him down for a promotion twice and has called him a 'old timer" to his face. David also tells you that recently, his supervisor has sent him to a customer where the superintendent that David works with has frequently referred to him as `Boy." What do you do? 3. DISCRIMINATION BASED ON A PROTECTED CLASS (SEXUAL HARASSMENT) Doug Disaster and Rona Reckless, both divorced, commence a consensual romantic relationship. Doug happens to be Rona's immediate supervisor at the Randall Widget Company, a business with greater than fifteen employees. Everything is going great until Rona catches Doug participating in a romantic interlude with Helen Homewrecker. Afterwards, Disaster begs for forgiveness, but Rona, tired of Doug Disaster's wandering eyes, tells him it's over and to leave her alone. Thereafter, while at work, Doug constantly reminds Rona of their past romantic adventures and suggests that if she takes him back, bigger raises are on the horizon. After Rona declines, her evaluations are poor and Doug ignores her at the office. Rona comes to you very upset and ready to quit. What do you do? What do you think of anti -fraternization pollicies? 4. RETALIATION Ross, historically a "problem employee," complains bitterly that Gary, a co - employee, has sexually harassed him for months. You conduct a prompt and thorough investigation and conclude that Ross, who was jealous that Gary got the big promotion and not him, either exaggerated or fabricated the facts. Nevertheless, Ross proceeds to file a charge of discrimination against your company with the EEOC. In response, you fire Ross immediately because you conclude that he is an employee at will. What legal rights does Ross have if any? 5. NEGLIGENT HIRING RETENTION AND SUPERVISION Your company is considering hiring Sam Speed as a full-time driver. Speed's responsibilities will include, but will not be limited to, driving a large panel van throughout Central Florida delivering products to both residential and commercial property. Not only will Sam be working with builders and subcontractors, he will likely be around new homeowners and several tenants. Before hiring Speed, what background investigation should you undertake?