What Protections Does The Americans With Disabilities Act Offer To Employees?
The Americans With Disabilities Act prevents employers from discriminating against employees who have any form of disability that imposes some kind of barrier or that makes it more difficult to perform either their job or ordinary tasks. As long as the disability does not prevent them from performing the essential job function, then the fact that they have a disability is not grounds for terminating somebody or otherwise imposing some adverse employment action.
Do Independent Contractors Have The Same Rights As Employees Under Florida Law?
Under Florida law, independent contractors are not employees, so they, therefore, do not have the same rights. They are considered a separate entity being employed under a contract or a quasi-contract with the employer.
However, there are situations where employers call people independent contractors though they are really not deemed so under the law. In those situations you have to look at the extent to which the employer controls the activity of the “independent contractor.” Do they make them show up at certain times? Does the person have to wear a uniform? Are they taking direct instructions from a supervisor or the employer? There are a lot of factors we look at to determine whether this person really is an independent contractor or an employee disguised as an independent contractor.
What Are The Strong Components Required To Have An Effective Employment Law Case?
To have an effective employment law case, you need to document all of your interactions with your employer that pertain to the problem you are having with your employer. You also need to attempt to work things out with the employer first and not run to bring a lawsuit the first time that something goes wrong. You have to try to resolve the issue internally first in order to demonstrate that you have made every effort to work with the employer to resolve the issue before bringing a claim.
What Other Evidence Is Crucial For An Employee To Prevail In An Employment Law Case?
The most important evidence would be showing how employees similarly situated are treated differently than the employee who has suffered adverse action. This helps us conclude that the only reason why the adverse action is taken against this employee is because they are a part of a protected class, making the action discriminatory in nature. Comparing and contrasting how similarly situated employees are treated and looking at all of the facts involved should always be done on a case-by-case basis, as every situation is different.
What Steps Should Someone Take If Their Rights Have Been Violated In The Workplace?
If your rights have been violated in the workplace, we first would examine all of the facts and circumstances around the interactions between the employee and the employer, the steps that have been taken by the employer that have been adverse to the employee, and what the employee has done about it. We also would see if there is a handbook or other written policies and procedures that deal with this situation. Sometimes, company policy requires that you go through certain steps before you can bring any kind of claim. We try to exhaust what are known asl administrative remedies before bringing a claim and taking legal action.
When Should Someone Retain An Attorney For An Employment-Based Issue?
For an employment-based claim, the sooner you get a lawyer involved, the better. A good lawyer can help guide you in trying to resolve your dispute with the employer by looking at what’s been done, how you’ve responded to it, and what policies and procedures have to be followed first within the workplace before you bring a claim. Your lawyer will coach you on how to interact with the employer in trying to resolve things first internally or administratively. Then if that fails, you have already set up a good foundation for your legal claim through the guidance of your attorney and can demonstrate that the employer has not acted properly.
For more information on Americans With Disabilities Act for Employees, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 462-7500 today.