Berman Law Firm, P.A.FindLaw IM Template2024-11-11T22:06:40Zhttps://www.bermanlawpa.com/feed/atom/WordPress/wp-content/uploads/sites/1204124/2022/07/cropped-berman-favicon-32x32.jpgOn Behalf of Berman Law Firm, P.A.<![CDATA[What are reasonable accommodations to the work environment?]]>https://www.bermanlawpa.com/?p=2501162024-11-11T22:06:40Z2024-11-11T22:06:40Zreasonable accommodations?
Adjusting work schedules
In some cases, it may be necessary for an employee to take extended time off to receive medical treatment. They may need to take regular breaks. An employer must consider all reasonable accommodation requests and can only refuse them if they would cause undue financial hardship.
Adjusting the layout of the building
It is vital that all employees are as comfortable and safe as possible. Buildings should also be accessible.
If an employee requests that entrances be accessible, safety rails are fitted or that disabled bathroom facilities are installed, these are reasonable accommodations. An employee with a disability may a desk that will accommodate their wheelchair. Again, the only justification for refusal is if the adjustments would be more expensive than the company can afford.
Other types of support
Reasonable accommodations can also come in the form of support. An employee may require special software of their computer. For instance, a worker with visual difficulties may request that training manuals be in braille or available on audio. A deaf employee may request that training days be supported by a sign language interpreter.
You have a right to request reasonable accommodations at work. If these are refused for unjustifiable reasons, then this could be discrimination. If this has happened to you, it can help to seek legal guidance.]]>On Behalf of Berman Law Firm, P.A.<![CDATA[Signs of discrimination in your performance appraisal]]>https://www.bermanlawpa.com/?p=2501152024-11-08T16:08:04Z2024-11-08T16:08:04Zbias and discrimination. But what, exactly, should you be looking for?
Signs of discrimination in a performance appraisal
You shouldn’t be treated differently because of your status in a protected class, such as those based on race, gender or age. Yet, all too often employers cloak their biases in performance evaluation. So, be on the lookout for these indicators that your employer may be discriminating against you in your appraisal:
Your review is conducted after engaging in a protected activity: Although many reviews occur at the end of the year on a set schedule for all employees, some do not. If your performance evaluation is conducted after you’ve taken time off work for medical appointments, you’ve informed your employer that you’re pregnant or after you’ve taken time off for a religious activity, then your employer may be using those events against you. If the timing of your review seems suspect, be sure to consider it in light of what’s actually said in your appraisal.
Your review contains references to protected activities: Again, you shouldn’t be treated unfairly because you engage in legally protected activity based on your status in a protected class. If your performance appraisal dings you because you took time off for medical treatment or to observe a religious holiday, then your employer is treating you unfairly and is likely engaging in discrimination. Don’t let them get away with that.
Your employer uses subjective and vague standards: Appraisals should be as objective as possible. That may not be entirely possible, but your employer should still hold everyone to the same standard, which should be pre-defined. If you feel like your employer based their evaluation of your performance on your personality or personal characteristics, then there’s a decent chance that they’ve engaged in discrimination.
Your appraisal overlooks your accomplishments: Your appraisal should evaluate your performance for the entire appraisal period. If it doesn’t and it therefore overlooks many of your accomplishments, then your employer may be treating you unfairly. While this may not be hard evidence that you’re being discriminated against, it should raise red flags and drive you to investigate the matter further. After all, your employer may not be giving credit that’s due because they have a discriminatory intent to try to drive you from your position.
Hold your employer accountable for workplace discrimination
You should be safe in the workplace. Yet, employers continue to engage in workplace discrimination all the time. If you don’t hold your employer accountable for these behaviors, then you could suffer adverse employment actions that crater your career and your earnings. So, if you suspect that you’ve been discriminated against, then you should gather evidence to support your position and consider taking legal action to find accountability and recover the compensation that you’re owed.]]>On Behalf of Berman Law Firm, P.A.<![CDATA[How to identify quid pro quo sexual harassment]]>https://www.bermanlawpa.com/?p=2501132024-10-21T20:51:31Z2024-10-21T20:51:31ZHarassment and discrimination in the workplace are vices that create a toxic environment, limiting employee productivity and overall morale. Among these issues, sexual harassment stands out as one of the worst, as it not only undermines professional relationships but also severely impacts the mental and emotional well-being of those affected.
One form of workplace sexual harassment is called "quid pro quo," where unwanted sexual advances are tied to your workplace experience. Identifying and reporting such behavior is crucial, as it empowers you to take a stand against harassment, fostering a safer and more respectful workplace.
Elements of quid pro quo sexual harassment in the workplace
Quid pro quo sexual harassment happens when a person in a position of authority suggests that employment decisions hinge on the acceptance of sexual advances. The key elements to identify this form of harassment include:
Demands for sexual favors in return for work-related favors, such as promotions, raises or other job-related benefits: For example, a supervisor may indicate that an employee's chance for a raise or a coveted project assignment depends on their willingness to engage in a sexual relationship.
Threats of negative consequences for refusing advances: This could include implied or explicit threats that an employee will face demotion, job loss or exclusion from important projects if they do not comply with the harasser's sexual demands.
Abuse of power by an individual in a supervisory role: This occurs when a manager or supervisor uses their position to coerce an employee into complying with sexual demands, leveraging their authority to create an imbalance in the professional relationship.
Recognizing these elements is essential in addressing and reporting quid pro quo sexual harassment effectively. Legal guidance can help you better understand your rights, the options available for reporting such behavior and the steps you can take to protect yourself and others in the workplace.]]>On Behalf of Berman Law Firm, P.A.<![CDATA[Certain employment activities are protected ]]>https://www.bermanlawpa.com/?p=2501102024-10-09T14:54:07Z2024-10-09T14:54:07ZEmployees in Florida have a host of legal rights. Both federal and state laws seek to ensure that workers are treated fairly. While the term fairly may be subjective, there are certain employment activities that are protected.
In a nutshell, this means that workers can behave in certain ways without being penalized or retaliated against. Outlined below are some of the most common examples of protected employment activities.
Complaints about unlawful behavior
It is unlawful for any employee to face discrimination based on protected characteristics such as race, religion, gender and disability. Should this occur at work, the affected party has a legal right to formally complain without facing negative repercussions.If an employee is not subjected to discrimination but sees it happening to someone else, they are also free to make a formal complaint. Reporting discrimination and harassment are protected employment activities. Adverse action taken against those who complain is referred to as retaliation.
Complaints about health and safety
Some occupations are inherently dangerous. For example, construction work is widely regarded as one of the more dangerous professions, with a high number of fatalities occurring each year. Nonetheless, employers are still obliged to adhere to health and safety laws. If an employee feels like they are unnecessarily being put at risk, they can raise a grievance without facing negative repercussions. Other forms of protected employment activities include:
Complaining about not receiving the minimum wage
Complaining about not being paid for overtime
Taking leave under the Family and Medical Leave Act (FMLA)
Attending jury duty
If you have been penalized for engaging in a protected employment activity, then you have options. Seeking legal guidance will help to clarify these for you. ]]>On Behalf of Berman Law Firm, P.A.<![CDATA[What makes up sexual harassment in the workplace?]]>https://www.bermanlawpa.com/?p=2501082024-09-24T14:44:25Z2024-09-24T14:44:25ZSexual harassment is one of the most degrading forms of workplace misconduct, eroding the dignity and respect that every employee deserves. While Florida laws protect workers and promote harassment-free environments, incidents of sexual harassment still happen, leaving many feeling vulnerable and unsupported.
Recognizing sexual harassment can sometimes be straightforward, such as when a supervisor demands sexual favors for promotions or job security. However, it can also manifest in less obvious ways like creating a hostile work environment. Trusting your instincts is essential; if something feels off, it likely is. Even if you're not the direct target, addressing such behavior can improve overall workplace dynamics and help eliminate negative influences.
How to identify sexual harassment
If you suspect you are a target of sexual harassment, being aware of specific behaviors can help you recognize it more clearly:
Sexually charged jokes: Humor that crosses into sexual innuendo can create a hostile work environment. Jokes about physical characteristics or sexual matters are never appropriate in the workplace and can contribute to a culture of disrespect.
Inappropriate touching: While some individuals may be more tactile, persistent unwanted touching after you've clearly communicated your discomfort is a significant warning sign. Respect for personal boundaries is vital in any professional setting.
Intrusive personal questions: Questions about your romantic life may seem harmless, but probing into your intimate details, especially during job interviews or evaluations, crosses the line. Such inquiries can make employees uncomfortable and violate professional boundaries.
Inappropriate materials: Sharing offensive jokes or images in a work setting can lead to a toxic atmosphere. Before forwarding any questionable content, consider whether it could be harmful or disrespectful to others. Maintaining professionalism in communications is essential.
By recognizing these behaviors, you can be of help to those who may feel threatened or uncomfortable. If you or someone you know is experiencing sexual harassment, seeking legal support can protect your rights and build a healthier workplace culture.]]>On Behalf of Berman Law Firm, P.A.<![CDATA[Three ways to build an effective workplace retaliation case]]>https://www.bermanlawpa.com/?p=2501052024-09-09T19:36:46Z2024-09-17T18:33:08Zworkplace discrimination and harassment end up being retaliated against by their employer, suffering adverse employment decisions like demotion, reassignment, and termination.
This retaliation is unfair and in violation of the law. But your employer is only going to be held accountable if you act. That’s why in this post we want to look at what you can do now to start building an effective retaliation case that seeks accountability, a sense of justice, and the compensation you deserve for the wrongs that have been done to you.
Even if you’ve been blatantly cheated out of your job by retaliation, you aren’t going to be awarded compensation for simply reporting the wrongdoing. Instead, you’ll have to gather evidence to build a compelling legal case that’ll hopefully convince your employer to settle with you. If they don’t, then you should be ready to take your case to court. Here are some strategies that you’ll want to keep in mind as you build your retaliation case:
Document everything: It can take a while for your case to weave its way through the legal system and reach a resolution. You don’t want your memory of discrimination, harassment, and retaliation to get fuzzy. If it does, then your arguments won’t be as persuasive as they could be, and you might wind up being denied the compensation you need. So, write down in detail every instance of discrimination, harassment, or retaliation, and document each interaction you have with your employer about it. Also, be sure to record your losses so that you can more easily claim them in your case.
Talk to witnesses: There are probably several other people who witnessed you being subjected to discrimination, harassment, or retaliation. These witnesses could be crucial to your case since the judge and jury probably aren’t going to simply take you at your word. So, reach out to these witnesses early, see if they’ll provide a written statement, and secure their contact information so that you can subpoena them later if you need to do so.
Retain communications: If you’ve reported discrimination or harassment, then you probably have some sort of documented trail of your communications with your employer. Emails, chats, text messages, and voicemails can all paint a telling picture. So, make sure you find a way to retain these records, whether that be forwarding them to personal accounts so that they’re not deleted if you’re terminated or printing them off so that you have physical copies.
Don’t let your employer’s wrongdoing ruin your life
Retaliation can upend life as you know it. If you don’t act to correct the situation, your career and professional reputation can be damaged, and your financial footing can be eroded. Don’t let your employer get away with controlling that much of your life. Instead, diligently work to build the persuasive legal arguments needed to hold them accountable and recover the compensation you deserve.]]>On Behalf of Berman Law Firm, P.A.<![CDATA[3 ways employers avoid paying commissions]]>https://www.bermanlawpa.com/?p=2501042024-09-05T08:06:19Z2024-09-05T08:06:19ZWhether you’re in sales or your compensation is tied to some other performance metrics, commissions can make up a significant portion of your income – but your employer could already be scheming to keep those dollars for themselves.
Employers can be creative about how they deny fair commission to their workers, but three common tactics usually come into play:
1. Changing the rules retroactively after the job is started
There are all kinds of ways that commissions are calculated, and some are more advantageous to the worker than others. Imagine, however, that you’ve worked hard to close a deal and are expecting to earn a certain percentage for your commission – only to have your employer suddenly announce a new policy that cuts your compensation in half. This is often done through quota or “target” adjustments that make it harder to qualify for commissions and retroactive policy changes that violate your initial agreement. Many employees feel like they have no choice but to accept their employer’s new terms, even though employers don’t have the unilateral right to make those changes.
2. Firing an employee before the commission is paid
This is another common tactic, especially in fields with high turnovers and long sales cycles. Employers sometimes take advantage of the fact that most employees (especially young ones) don’t know that they’re still legally entitled to their commission after termination.
3. Hiding behind complicated commission formulas
Finally, some employers use overly complicated formulas, opaque calculations and vague descriptions to obscure what employees are owed in commission. Workers often find themselves unable to challenge their paltry payments because they can’t understand how they were calculated – and that may be by design.When you work in sales, you may live or die based on your commissions – so you have every right to demand what you are due. If an employer has cheated you out of your commissions, legal guidance may be in order.]]>On Behalf of Berman Law Firm, P.A.<![CDATA[Are you “quiet quitting” because of a toxic work environment?]]>https://www.bermanlawpa.com/?p=2501012024-08-23T15:48:15Z2024-08-23T15:48:15ZOne of the more popular terms used in the last few years is “quiet quitting.” Younger generations of workers are quietly quitting. Quiet quitting in the mindset of not doing more for a job than what is reasonably asked from an employer, such as volunteering extra work hours, picking up other employee’s shifts or working on weekends. An employee's objective when they quietly quit is often to do the bare minimum to keep a job. Typically, employees do not quietly quit without a reason. Many will begin doing the bare minimum at their job because their work environment is toxic, which can mean an employer or employee is demanding or abusive, the workplace is unsafe or employees are asked to do too much. Employees who quietly quit often do it out of self-preservation and may also look for new employment. However, there may be a reason why an employee’s work environment is toxic. They could be a target of “quiet firing.” Here is what you should know:
You may be a target of “quiet firing”
“Quiet firing” is an employee's attempt at making an employee miserable at their workplace in hopes that they quit. Quiet firing could be vindictive, retaliatory, discriminatory or a response to an employee’s quiet quitting. If the employee quits, the employer may not have to pay them severance or unemployment. Some common quiet firing tactics include:
Giving poor performance reviews
Limiting an employee’s duties
Overloading an employee with work
Keeping an employee away from their peers
If an employee suspects they were the target of quiet firing, then they may need to learn about their legal options and pursue compensation. ]]>On Behalf of Berman Law Firm, P.A.<![CDATA[How the glass ceiling holds you back]]>https://www.bermanlawpa.com/?p=2500972024-08-07T18:17:33Z2024-08-07T18:17:33ZIf you look at the corporate ladder in your workplace, you may find that things don’t necessarily seem fair. For some employees, it is very easy to climb that ladder. They always get raises and promotions, and they may climb from an entry-level job to an executive position.
Other workers, however, have far more trouble climbing. They keep getting passed over for promotions, despite having the same experience and qualifications. They don’t make it to the executive level. Something is holding them back, and it is often referred to as a “glass ceiling” – especially when it disproportionately impacts one group or class of employees.
What would this look like?
A common example of the glass ceiling is when women face gender discrimination on the job. Promotions often seem to go to men with less experience and fewer qualifications. All of the executives are men, while women are lucky just to reach the level of manager or supervisor. Now, this discrimination may not be something that the company admits to. Perhaps they claim to be an equal opportunity employer, and half of the employees are women. They will hire workers without gender bias, so they believe that is fair and in line with the law. But it’s not just hiring that causes problems. When women are held back from the career advancement that they have earned – or when the same thing happens to minority workers, such as those with a different ethnic background or those in same-sex relationships – that’s still a severe form of workplace discrimination.
Legal options
Do you believe you have faced this type of discrimination on the job? Take the time to look into all of your legal options, as your rights may have been violated.
]]>On Behalf of Berman Law Firm, P.A.<![CDATA[How to spot retaliation at work]]>https://www.bermanlawpa.com/?p=2500962024-08-06T13:18:41Z2024-08-06T13:18:41ZIf you report an unfair act to those in authority in your office or an external agency, you should be protected from retaliation. For example, when you file a sexual harassment claim against a colleague or report a company's violation of state or federal regulation to law enforcement.
Retaliation is also not uncommon among employees who refuse to engage in an activity or policy that violates a law/regulation or those who ask questions to identify discrimination.Even though unlawful, retaliation remains a concern in many companies. So, how can you spot it?
It can be clear
Retaliation can be obvious in most cases. Essentially, if you are unfairly treated after doing any of the aforementioned things or more to protect your rights, chances are your employer is retaliating against you.The unfair treatment can take different forms, including:
Denial of opportunities, such as promotions, training/career-advancing opportunities and so on
Transfer to a different location/department/shift
Reduction of pay or hours
Verbal abuse/bullying
Unfair performance reviews
Dismissal
You should obtain adequate information if any of these happen. For example, if you are transferred to a different department, learn more about the opportunity. Do your skills match the new duties? Is the department or position less desirable? and so forth.
What can you do?
If your employer retaliates against you, consider taking action against them. Government agencies, including the Florida Commission on Human Relations, have set rules that protect employees and job applicants from retaliation. They will take measures to ensure your rights are protected.If you experience unfavorable treatment at work, such as sexual harassment, discrimination or wrongful termination, or your employer retaliates against you for reporting the treatment in question, seek legal guidance to make informed decisions. ]]>