Employer-employee relations

• Author: Steven F. Samilow
• Pages: 593-632

EMPLOYER-EMPLOYEE

RELATIONS

8-1

CHAPTER 8

EMPLOYEREMPLOYEE RELATIONS

I. GENERAL POINTS

§8:01 Employment At-Will Doctrine

§8:02 Promissory Estoppel

§8:03 Fraudulent Misrepresentation/Inducement

§8:04 Right to Work State

II. THE EMPLOYMENT RELATIONSHIP

§8:10 First Client Meeting with Terminated Employee

§8:11 Application of the Employment At-Will Doctrine

§8:12 Modif‌ication of Employment At-Will to Prevent Discrimination

§8:13 Modif‌ication of Employment At-Will to Prevent Retaliation

§8:13.1 Civil Action Under Fla. Stat. §92.57

§8:14 Modif‌ication of Employment At-Will by Written Policies

§8:15 Reasonable Notice Exception

§8:16 Changes to Terms of Employment

§8:17 Independent Contractors

§8:18 Leased Employees

§8:19 Covenants Not to Compete

§8:20 Statute of Frauds

§8:21 Tortious Interference

III. HIRING

A. The Hiring Process

§8:30 Recruiting

§8:31 The Employment Application

§8:32 Interviewing Applicants

§8:33 References and Offers of Employment

B. Immigration Issues

§8:40 Hiring Illegal Immigrants Is Prohibited

§8:41 Employment of Authorized Aliens

§8:42 No Match Letter

IV. OFFICE POLICIES

A. General Policies

§8:50 Off‌ice Procedures/Policy Manual

§8:51 Drug Policies

§8:52 Medical Marijuana

§8:53 Posted Notices

EMPLOYER-EMPLOYEE

RELATIONS

Florida Small-Firm Practice Tools 8-2

§8:54 Employment of Children

§8:55 Use of Polygraph

§8:56 Record Keeping

§8:57 Discrimination and Harassment

B. Wages

§8:60 Minimum Wage and Overtime

§8:61 Overtime Pay

§8:62 Record Keeping Requirements

§8:63 Right of Action and Attorney’s Fees

§8:64 Coverage Under FLSA

§8:65 Workday Def‌ined

C. Safety and Health

§8:70 Federal Requirements

§8:71 Employee Seats

D. Email

§8:80 Include Policy in Off‌ice Manual

§8:81 Electronic Communications Act

§8:82 Florida Bans Interception of Communications

V. DISCRIMINATION AND HARASSMENT

A. General Points

§8:90 Employment Discrimination Is Prohibited

§8:91 Enforcement

§8:92 Disparate Treatment and Disparate Impact

§8:93 Employer’s Defenses

§8:94 Hostile Work Environment

§8:95 Burden Shift

B. Types of Discrimination

§8:100 Discriminatory Notice or Adver tisement

§8:101 Discrimination in Hiring

§8:102 Age Discrimination

§8:103 Sexual Discrimination and Pregnancy

§8:104 Retaliation

§8:105 Disabilities

§8:106 Race Discrimination

§8:107 Religious Discrimination

§8:108 42 U.S.C. §1981

§8:109 42 U.S.C. §1983

§8:110 Pay Discrimination

C. Sexual Harassment

§8:120 Statutory Claims for Sexual Harassment

§8:121 Hostile or Offensive Work Environment

§8:122 Vicarious Liability

D. Remedies for Discrimination or Harassment

§8:130 Damages

§8:131 Injunctive Relief

VI. TERMINATION OF EMPLOYMENT

§8:140 Wrongful Termination

§8:141 Constructive Discharge

§8:142 The Whistleblower Act

§8:143 Family and Medical Leave Act

§8:144 Families First Coronavirus Response Act

§8:145 ERISA

EMPLOYER-EMPLOYEE

RELATIONS

8-3 Employer-Employee Relations

§8:146 Unemployment Assistance

§8:147 Attorney’s Fees

§8:148 Arbitration

FORMS

Form 8:10 Intake Checklist

Form 8:20 Employment At-Will

Form 8:30 Application—Employment

Form 8:40 Interview—Employment

Form 8:50 Equal Employment and Reasonable Accommodation

Form 8:60 Anti-Drug Policies

Form 8:70 Off‌ice Procedure Disclaimer—Harassment

Form 8:80 Email, Fax, and Internet Use Policy

Form 8:90 Checklist—Employer/Employee