Employment Disputes

A Clearwater business lawyer can handle a wide range of employment disputes. In Clearwater, some common causes for employment disputes are discrimination and retaliation. Discrimination can be defined as actions or conduct that disparately affect an individual or group because of race, religion, disability, sex, age, pregnancy, etc. Retaliation is when a worker is punished for reporting unlawful behavior in the workplace.

One of the most common causes of employment disputes, whether they are between employee and employer or between employees themselves, is the misunderstandings that arise from unclear expectations. This can be an issue when it comes to things like vacation time, overtime pay, what type of tasks are being performed, etc. Another major cause for employment disputes is when one party feels their rights have been violated. Such cases often involve unequal compensation or wage discrimination.

Here are some common causes for employment disputes in Clearwater.

Breach of contract

In the workplaces in Clearwater, contract breach is one of the most common causes of a dispute. Contract disputes often occur when an individual does not follow the terms of a contract. One of the most common breaches in a contract is not paying someone what they are owed. In Florida, unpaid wages under $2,500 may be filed as a small claim complaint in Circuit Court, and penalties for this amount can be up to 5 years in prison or up to $5,000.

Discrimination

Many people believe that discrimination is no longer an issue in the workplace. However, this couldn’t be further from the truth. The Equal Employment Opportunity Commission (EEOC) reported that one of the most common causes for employment disputes in Clearwater is discrimination, which made up nearly 40% of all claims. Although some may think that only minorities are discriminated against, this is not true. Any individual can experience discrimination at any time, and many times it is based on sex or age discrepancies.

Wrongful termination

Employees are often unsure of the process when they are wrongfully terminated. They may assume that their employer is allowed to end their contract without any notice or warning simply. This is not true, and employees must adhere to strict guidelines when it comes to wrongful termination. When an employee has been wrongfully terminated, they can file a complaint with the Department of Labor.

Misappropriation of trade secrets

The misappropriation of trade secrets is one of the most common causes of employment disputes in Clearwater, Florida. A trade secret is a formula, pattern, process, or other item that has commercial value to its owner because it is not generally known to competitors and does not qualify for patent protection. Trade secrets are protected under both federal and state law by laws such as the Uniform Trade Secrets Act (UTSA) and Florida’s General Business Code (FGC).