Employment Claim Case Information To Have Ready When Speaking To Your Attorney
In a civil case, the burden of proof is always on the plaintiff. Proving an employment law claim can be more difficult than many other types of cases because the motivation of the employer is typically at issue. Consequently, your employment lawyers at Florin Gray will require a thorough understanding of the facts you are alleging and the circumstances surrounding the events that led to your claim.
In Florida, most employment is regarded as “at will,” meaning that as an employee, you can be terminated at any time for any reason or for no reason. Similarly, employers have wide latitude in how they treat their employees. There are exceptions to the at-will doctrine, including if you were discriminated against, harassed, or retaliated against based on a category that is protected by state or federal law.
Discrimination and Retaliation
If you were terminated or experienced some other adverse consequence, your employment lawyers Tampa will ask questions such as:
- When were you fired?
- How was that fact communicated to you?
- Who informed you?
- Who actually made the decision to terminate you?
- Was your position filled by someone else? Who?
- Have other similarly situated employees been treated in the same or similar manner?
- Did you complain about what happened to you? If not, why not? If so, did you make a formal, written complaint?
In some instances, harassment can be the result of a single incident but more often is the product of numerous acts and a general atmosphere at work. In developing the necessary facts, you be may asked:
- What was the exact nature and how pervasive was the conduct?
- Was the conduct welcomed by you?
- Was management aware of the conduct? Should management have been aware?
- Did you complain? If not, why? If so, to whom?
- What happened after your complaint(s)?
- Did anyone else experience similar behavior?
- Did your employer have a formal, written policy concerning harassment?
Contact Employment Lawyers Tampa for Legal Advice
Not every adverse action at work is actionable, but if you believe you have been treated unfairly by your employer, it is important to understand your rights. Begin with a call to Florin Gray, an employment lawyers Tampa group, at (727) 254-5255.