Monday, October 19, 2015

Employee Handbooks

Tampa, Florida Employment Lawyer Can Help With Employee-Employer Relationships


For small or medium size businesses in the Tampa Bay area, the law regarding the development and implementation of your employee handbooks can be quite complicated.

Employee Handbooks drafted by your company's human resource department, are often drafted by use of examples of handbooks found online or by staff who may not be well versed in Florida labor laws or federal employment laws. The use of a non-lawyer to develop employee handbooks often times results in using language that inadvertently causes or creates promises or loopholes instead of concise company policies. When this occurs, an employee might be able to use this against you in an employee dispute or employment lawsuit.


The Value of a Well Developed Employee Handbook


The development of an effective and valuable employee handbook not only serves to make clear company policies but can protect your business from lawsuits that can arise from improperly drafted employee handbooks. The hiring of a Tampa Employer-Employee Relations Attorney, Denise P. Lubliner can ensure that potential lawsuits against your company will be minimized. The Lubliner Law Firm provides general counsel and invaluable legal services and representation to Tampa Bay businesses. We can perform HR audits, then assist and develop employee handbooks that can be used for training and implementation company wide.

Why Use a Tampa Employment Lawyer to Assist You With Your Employee Handbooks?

When creating an effective employee handbook your Tampa employment lawyer should offer first an audit of your current policies then develop and draft detailed and concise information for your employee handbook.

Some of the content should include a welcome page, information about your company and business goals, the purpose of the handbook, at will employment (this is especially crucial in Florida). It should also make clear all company policies and procedures such as dress code, anti harassment and sexual harassment and discrimination policies and conduct, salary, leave, sick time, holidays, military leave, FML (family medical leave), company benefits.

This does not cover everything that should be included in your company handbook, but it touches on just a few policies that are most likely to be included in your handbook. Every employer is unique, so your small business may require very specific language to ensure protection against employer disputes or lawsuits against you. Furthermore, a well written employee handbook can provide a sense of stability to those employees who you seek to be a part of your staff and make clear the employer's rights and your promises to them.

 For more information about how we can assist you with your employee-employer relationships, while providing general counsel for your human resource department, please contact Tampa employment lawyer Denise P. Lubliner at The Lubliner Law Firm, Tampa, Florida. We provide legal services and representation to employers in Tampa Bay including, Tampa, South Tampa, New Tampa, Carrolwood, St. Pete, Clearwater, Largo and Sarasota and the greater Tampa Bay area.

Contact Denise P. Lubliner, Small Business Attorney providing labor and employment legal services and general counsel in Tampa, Florida today for a free initial consultation at:

2907 W Bay to Bay Blvd., Ste. 345,Tampa, Florida 33629 

Phone: (813) 381-5670

dlubliner@lublinerlaw.com
www.lublinerlaw.com

Labor & Employment, General Counsel

Tampa employment Lawyer Attorney Denise P. Lubliner advises and represents small to medium size businesses in Tampa Bay on all areas of employment law. This includes, hiring, recruitment, employee retention, benefits, discipline and termination of employees and employment contracts.

Thursday, April 30, 2015

Tampa Labor Lawyer on Separation Agreements


Lubliner Law Firm proudly provides legal services to employers and employees looking for a labor and employment lawyer in Tampa. We're helping people in the workplace with matters such as non competition agreements, employment contracts, wage disputes, discrimination in the workplace and contract law such as employment separation agreements, which we're providing information about below.

What is an employment separation agreement?

An employment separation agreement is a contractual agreement between an employee and an employer that defines the terms that will be binding should the employer be permanently terminated from their employment.

What type of information has to be included in an employment separation agreement?
There is basic information that will likely be covered in the contract are as follows:
  • Severance Pay, Bonuses, Taxes or other monetary compensation
  • Applicable federal or state laws, jurisdiction and enforcement terms
  • If over 40 , the agreement must contain certain legally required disclosures


Attorney drafting service of separation agreements for Tampa Bay employers.


Lubliner Law Firm is a dedicated, knowledgeable Tampa Labor and Employment Lawyer, providing drafting, review and legal representation to employers and employees who require an attorney to draft their separation agreements. We will ensure that you are abiding by the appropriate laws and provide our legal expertise regarding the language that should be included to make sure your contract is binding and that you are protected in the event of litigation.

Lawyer Review of separation agreements for employees in Tampa Bay

If you are an employee, we can review the contracts your employer wants you to sign before you sign them.  In Florida, our labor and employment attorney handles cases in Hillsborough, Pinellas, Pasco, Polk, Manatee, Marion and Sarasota counties. If you are uncertain that your severance package is sufficient and competitive for your industry, or you are over 40, it's your right to have an attorney review this contract for you.

For more information and to obtain a free consultation with Tampa labor and employment lawyer, call our office today at (813) 381-5670 or visit http://www.lublinerlaw.com/contact-us/.

Monday, April 13, 2015

Tampa Labor & Employment Lawyer Whistleblower Act Cases



Denise P. Lubliner is a Labor and Employment Lawyer in Tampa, Florida
 

If you need a Whistleblower Lawyer in Tampa Bay, our law firm provides legal representation in Florida Whistleblower lawsuits as well as all areas of Labor and Employment Law.


Whistleblower Act - Florida Courts Rule and Honda Faces New Whistleblower Trial

Case Update:

Whistleblower Trial RE: District Court of Appeal of Florida, Second District

The appellate court was recently called upon to resolve the recent split between Florida's 4th District and the 2nd District Court of Appeals in the KEARNS v. FARMER ACQUISITION COMPANY d/b/a Charlotte Honda. A Florida appeals court ruled in February, reversing a lower court's directed verdict that had ruled in favor of Honda in the case of Sean KEARNS v. FARMER ACQUISITION COMPANY (Charlotte Honda, Appellee) The appeals court ordered a new trial for Kearns, who was a web administrator then later in sales and finance for Honda. Kearns brought forth a Whistleblower case against the Honda dealership over what "he believed" were fraudulent loan practices.

The Second DCA ruled that the employee failed to prove that what he objected to or refused to participate in was an actual violation of law and further, had failed to establish a causal link between his activity protected under the Florida Whistleblower's Act and the termination from his employment with Honda.  The 4th district of appeals in 2013, however, maintained that an employee only becomes eligible for protection under the Florida Whistleblower's Act as long as the employee had the good faith belief that their employer was in violation of rules or regulations. In essence, an employee only had to believe that a law had been broken to gain protection under the Whistleblowers Act.

The outcome of the first ruling in the Kearns v. Honda lawsuit contradicts the underlying policy of the FWA by failing to protect the employee who objects to an employer's illegal conduct. But in February, Florida's Second District Court of Appeal said the trial court erred in issuing a verdict to Farmer Acquisition Co., which does business as Charlotte Honda, and should have let the evidence presented by former employee Sean Kearns go to a jury. The court of appeals stated that "Kearns presented evidence that the dealership counseled the credit applicants to provide false income and vehicle information and aided those applicants in submitting that information to financial institutions. Had the testimony of Kearns and [his co-worker Mike] McDonald been submitted to the jury, it lawfully could have concluded that Kearns refused to participate in conduct that was a violation of the law.”

The 2nd DCA therefore ruled in favor of the employee who will now get a jury trial. The Second District Court of Appeals ruled that Sean Kearns had sufficiently alleged that his employer violated a Florida statute by making false statements about its vehicles to assist purchasers in obtaining credit to purchase the vehicles.


Lubliner Law Firm, Tampa, Florida. 
Dedicated and Knowledgeable Tampa Labor and Employment Lawyer Representing clients throughout Florida, including Hillsborough, Pinellas, Pasco, Polk, Manatee, Marion and Sarasota counties.

This case supports the importance of hiring Tampa Whistleblower lawyer who is knowledgeable in Whistleblower claims and lawsuits and  Florida appellate law.  If you need a Labor and Employment Lawyer in Tampa Bay, St. Pete/Clearwater, Sarasota or Pasco County who will fight for your rights call us today. Our Labor and Employment Law Firm is located at 2907 W Bay to Bay Blvd., Ste. 345,
Tampa, Florida 33629 or call today, (813) 381-5670.

For information or a free consultation with Lubliner Law Firm or if you have questions about a Whistleblower lawsuit, contact Tampa Labor and Employment Attorney Denise Lubliner,

Monday, January 19, 2015

Tampa Labor & Employment Attorney on Florida's At Will Employment

 Florida "At Will" Employment


Florida is considered an "at will" employment state. At will means that both the employer and employee are free to terminate their relationship with each other for just about any reason and at any time with the exception of employee discrimination or other unlawful reasons.

Other than for reasons of discrimination or other unlawful reasons or in cases where an employment contract is in question, Florida remains to be a State that supports an at will arrangement between employer and employee.

Employment Contracts 


There are laws however that will support you should either an employer or employee break that contract in whole or in part, without specific cause. Florida courts have consistently indicated any exceptions to the employment at will doctrine should be adopted by the legislature but they consistently hold that if there is no definite term of employment, it is at will. If you do have an employment contract and have been terminated, or if there has been a breech with regards to salary, benefits or performance issues, then you may have a breech of contract case. It's important to understand that there are specific terms and language that must have been included in your Florida employment contract to make that contract truly enforceable under Florida law.

Florida Employment Contract Writing and Negotiation

Understanding the laws in Florida with regards to employment contracts is a must before entering into an employment contract. If you have been offered a contract, it is wise to seek the advice of a Tampa labor and employment attorney prior to signing this agreement. There may be language that would not raise concerns at first glance by a non-lawyer. This is equally as important for an employer to also consult with a Tampa Labor and Employment Attorney to draw up and negotiate their Florida employment contracts.

The best way to engage in a professional, long term employee/employer relationship is for you both to understand and abide by the agreements you make with one another. A knowledgeable employment contract attorney in Tampa can provide counsel and support to ensure that the employment contract is written in your best interest.

For more information about employment contracts or Florida's At Will Employment , visit us online at http://www.lublinerlaw.com.