-Sexual Harassment
-Discrimination Claims
-Wrongful Discharge/Termination
-Whistleblower Protection (Private and Public Sector)
-FMLA (Family Medical Leave Act)
-Employment Contracts (Formation and Breach)
-Non-Compete Agreements

-Executive Separation Packages
-Severance Issues
-Wage & Overtime Disputes
-Employer Retaliation

Charles Johnston and Ada Hammond believe that all employees have the right to a safe and psychologically healthy work environment.
They have the experience and background to provide services related to a wide range of employment issues.
Cases of this nature handled by the firm include wrongful termination, minimum wage and overtime issues, unpaid wages and commission disputes, racial and sexual discrimination, age discrimination and retirement income claims, breach of contract, employee benefit disputes, contract disputes, non-compete agreements, separation and severance issues, Family and Medical Leave Act disputes, slander and defamation, sexual harassment claims and whistle blower protection.
 
 

Employment Law FAQ

 
 
Sexual Harassment

Claims of sexual harassment deal with a specific form of employment discrimination. Sexual harassment is prohibited by both Florida Law Chapter 760 and by the Federal Law entitled Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination on the basis of sex, and allows for a jury trial and compensatory and punitive damages. The damages a plaintiff may be entitled to include back pay (lost wages), compensatory damages (emotional distress type damages), punitive damages and attorneys fees. Attorneys at Johnston & Hammond are qualified and experienced to evaluate individual claims, based on the specific facts of that claim, and to develop a litigation strategy to pursue the claim on behalf of an individual

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Discrimination and Retaliatory Termination

There are a number of Florida and Federal laws in place to protect employees against all forms of discrimination and wrongful termination. The number of lawsuits of this nature being filed in constantly increasing. According to a January, 2000, report from the United States Department of Justice Bureau of Justice Statistics, job bias lawsuits filed in U.S. District Courts soared from 6,936 in 1990 to 21,540 in 1998. Discrimination based on such factors as age, race, gender, religion, color, and national origin is strictly prohibited by both state and federal statutes. Some employees have long-term contracts that prevent employers from firing them without good cause, but most employees are "at-will" employees, who can be terminated for no reason at all. Even at-will employees, however, have legal protection, in cases where the firing was illegally discriminatory (based on race or disability, for example), or was in retaliation for the employee’s exercise of their legal rights. Charles Johnston and Ada Hammond represent clients in claims arising from breach of employment contracts and situations of discrimination, retaliation and wrongful termination.

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Whistle Blower Protection –Private and Public Sector

A whistleblower is typically thought of as one who refuses to engage in illegal acts or omissions after requests by their employer, or one who reports such acts or omissions to government or regulatory authorities. Individuals who have been accused of wrongdoing after acting in the capacity of a whistleblower are entitled to protection under the law from harassment, demotion or termination by their employer. Claims may be brought against that employer in those circumstances. Both private and public sector employees are subject to whistleblower laws.

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FMLA (Family Medical Leave Act)

The Family Medical Leave Act requires employers with 50 or more employees to grant employees (who have worked a required amount of time) up to 12 weeks of unpaid leave (within a 12 month period) for a) the birth of a child, b) the adoption of a child, c) a serious health condition that requires a leave of absence, or d) the care of a parent, spouse or child with a serious health condition. Years of experience qualify Johnston & Hammond to represent individuals whose rights under this Act have been violated or denied, and who have suffered loss of wages and employment benefits as a result of these actions by an employer.

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Employment Contracts, Severance and Separation Packages

Employers and top-level employees often need focused legal representation to discretely and effectively assist them with their employment issues. Johnston & Hammond provides counsel on all aspects of employment contract law; employment contract development, changes and termination, severance and separation packages negotiation, and employee entry and exit agreements. Experienced litigators, the firm files lawsuits when required, but often first attempts to work out a negotiated solution that is prompt, efficient and fair. Firm attorneys counsel clients prior to filing suit, many times while employees still hold their jobs, and assist the client in exploring whether the matter can be brought to a mediated or negotiated solution without recourse to litigation..

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