Different Types of Discrimination in the Workplace

Posted on March 5, 2014 by vmcgarity

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There are so many different types of workplace discrimination happening in Southwest Florida. Discrimination happens anytime an employer, manager or business owner treats a worker or potential employee unfavorably because of some type of prejudice. If a business owner refuses to hire somebody because of his or her race or country of national origin, that’s discrimination. If a person is treated unfairly in the workplace because of his or her disability, that’s discrimination.

Prejudice and Discrimination

Understanding prejudice and discrimination is an important part of recognizing and stopping unlawful practices in the workplace. Prejudice is basically a prejudgment of somebody for a reason that is based on attitudes and perceived beliefs rather than facts. A person who is prejudiced against African Americans might discriminate against qualified applicants simply because of their race. According to the U.S. Equal Employment Opportunity Commission, there are a variety of different types of workplace discrimination. Listed below are a few different types of discrimination.

Workplace Discrimination in Southwest Florida

  • Disability
  • National Origin
  • Sex
  • Age
  • Ethnicity
  • Race/Color
  • Religion

Don’t Stand for Discrimination in the Workplace

Discrimination in Southwest Florida can only continue to happen if workers don’t take a stand. Standing up for your rights is the only way to create a better workplace for future generations. Don’t worry about retaliation either. Although retaliation does happen in some cases, it’s illegal. An experienced employment law attorney can help you with your case, from start to finish. Don’t let the fear of retaliation stop you from standing up for your rights.

What if You’ve Been Discriminated Against?

If you think you have been discriminated against because of your race, gender, disability, age or other reason, you should speak with an experienced employment law attorney as soon as possible. Discrimination cases are often time sensitive, so the sooner you get in contact with a lawyer the better. Most large companies, and even some small businesses, have lawyers representing their interests, so you should too. If your rights in the workplace have been violated, contact the skilled team at Weldon & Rothman, PL for a consultation today.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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Lee County Motorcycle Wreck Takes One Life

Posted on March 3, 2014 by vmcgarity

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Over the weekend, a motorcycle wreck in Lee County took the life of a Fort Myers man. The crash happened before 1:30 a.m. on Holly Road in San Carlos Park. According to NBC Channel Two News, 47-year-old Gary Miller lost control off his motorcycle which resulted in fatal injuries. Investigators were on the scene trying to piece together what happened. NBC Channel Two News reports that investigators with the Lee County Sheriff’s Office Traffic Homicide Unit found that Miller was travelling northbound on Holly Road and lost control as he was trying to negotiate a curve. The 2004 Harley Davidson left the roadway and vaulted into the air. It finally struck a parked car and sent debris into at least two other parked cars.

Just the Facts: Motorcycle Crashes

  • 4,502 people died in motorcycle crashes in 2010.
  • Between 2001 and 2008, over 34,000 riders were killed in crashes.
  • During that same time period, an estimated 1,222,000 people were treated in emergency rooms for non-fatal injuries related to motorcycle crashes.
  • Since the year 2000, motorcycle crash deaths have increased by 55 percent.
  • 20 to 24-year-olds have the highest death and injury rates for any age group.

Motorcycle Safety in Southwest Florida

Motorcyclists can increase their personal safety in a variety of ways. Wearing helmets, protective jackets, boots, gloves and eye protection are all great ways to stay safe while you ride. It’s important to note that even when riders take all possible safety precautions, a distracted or careless driver can still seriously injure or kill a rider during a crash.

Look Twice for Motorcycles

Motorists are encouraged to look twice for motorcycles. Southwest Florida roadways can only be safe for riders if motorists are paying attention to the road. Motorists should never drive distracted. Always give your full and undivided attention to the task of driving. Double check for bikes and other vehicles at intersections before pulling out into traffic, and give riders plenty of respect. Never tailgate a motorcycle, and always give them a full lane to travel in. The team at Weldon & Rothman, PL sends their deepest condolences to the family members and friends of Gary Miller.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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When to Speak with an Employment Law Attorney

Posted on February 27, 2014 by vmcgarity

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It seems like everybody has one of those days at work when they just can’t take it anymore. How do you know if you should speak with an attorney? Are you just having a bad day at the office, or is it something worse? In many cases, you may know immediately that an illegal practice is going on. Perhaps, you’re being discriminated against or sexually harassed, but some types of employment law violations aren’t as obvious to employees who are regularly mistreated. Listed below are a few reasons to speak with an employment law attorney.

When to Call an Employment Law Attorney

  • You need to blow the whistle on illegal practices at work.
  • You’re being sexually harassed.
  • Your rights under the Family Medical Leave Act (FMLA) are being violated.
  • You’re being discriminated against because of your race, gender, age or national origin.
  • You have been wrongfully terminated.
  • You have questions about a non-compete agreement.
  • You haven’t been paid your final wages.
  • You haven’t been paid your rightful overtime wages.
  • You’re being asked to contribute to certain types of tip pools that include business owners and employees who don’t normally work for tips.

What about Retaliation?

You should never let a fear of retaliation keep you from filing a claim or pursuing a case. First of all, employers can’t legally retaliate against you for bringing forth allegations of sexual harassment, overtime violations, tip pooling claims or a variety of other employment law violations. That being said, in some real-life situations retaliation does happen. If you are retaliated against, you need to let your lawyer know immediately. This illegal practice can’t be tolerated. You may be able to recover lost wages and other damages associated with the retaliation.

Take the First Step

The only way you’re going to recover compensation for damages associated with unethical employment law violations is by stepping forward. If you’re not ready to file a claim or you don’t know where to start, contact an experienced employment law attorney first. This is a great way to get your questions answered and also get a little peace of mind about your particular situation. Because discrimination and other types of employment law violations can take many different forms, you should always get your concerns addressed with a professional.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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Bicyclist Injured in Naples Crash

Posted on February 24, 2014 by vmcgarity

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On Saturday morning, a bicycle rider was struck by a van and injured. The incident happened before 7:00 a.m. on Immokalee Road, just south of Oil Well Road. According to NBC Channel Two News, the bicyclist, 54-year-old Edward Stephan, was on his bike headed north when he was struck by a driver in a Ford Windstar.

He landed more than 50 feet from where he was originally struck by the van. He was immediately rushed to Naples Community Hospital for treatment of serious injuries. 28-year-old Daniel Barberena was charged with careless driving. There is no word on Stephan’s current condition or the extent of his injuries.

Bicycle Crashes by The Numbers

  • In the U.S., one percent of all trips are by bicycle.
  • Bicyclists face a much higher risk for injury and death from traffic crashes than passenger vehicle occupants.
  • 677 cyclists were killed in crashes in 2011 across the U.S.
  • In 2011, an additional 48,000 cyclists were injured in crashes.
  • Cyclist deaths accounted for two percent of all traffic-crash fatalities in 2011.

Improving Cyclist Safety in Southwest Florida

There are a number of ways to improve cyclist safety in Southwest Florida. A great place to start, is wearing a bicycle helmet. In the event of a crash, a helmet can significantly reduce the risk of head and brain injuries. Additionally, high-visibility clothing is also a good choice for cyclists. Cyclists should always obey traffic signs and signals and be as conspicuous as possible. Finally, the best way we can truly improve cyclist safety in Southwest Florida is by sharing the road with riders.

Share the Road With Cyclists

Drivers need to recognize that bicycle riders don’t have the same safety features that passenger vehicle occupants have access to. Even with helmets and high-visibility clothing, riders can still become injured or killed as the result of a crash. Looking out for cyclists and pedestrians is an important part of keeping roadways safe across Southwest Florida. If you or a loved one is injured in a car versus bicycle crash, you should contact and experience personal injury attorney as soon as possible. The team at Weldon & Rothman, PL wishes a speedy and full recovery for Mr. Stephan.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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What Southwest Florida Hourly Employees Need to Know

Posted on February 19, 2014 by vmcgarity

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Hourly employees in Southwest Florida face a unique set of challenges. Getting fairly compensated for one’s regular hours and overtime hours are two common issues that hourly employees face. Employees in retail, non-tipped food service positions, manual labor and other hourly industries absolutely have to be paid the minimum wage. When hourly employees aren’t properly compensated for their regular working hours and overtime hours, their families suffer. If you aren’t being paid for your overtime hours, or you aren’t being paid minimum wage, you should speak with an experienced employment law attorney as soon as possible.

Minimum Wage

In Florida, the minimum wage is $7.79 per hour. Even though the federal minimum wage is still at $7.25 an hour, employers in Florida must pay their employees $7.79 per hour. The adjusted minimum wage reflects inflation and the Consumer Price Index (CPI). If and when the federal minimum changes, employers will have to pay their employees the higher of the two.

Overtime Claims

Under the Fair Labor Standards Act (FLSA), employees who work over 40 hours in a workweek are entitled to be paid at least one and a half times their regular rate of pay. Time and a half is the absolute minimum for employees who work overtime hours. Unfortunately, not every employer wants to pay his or her employees their rightly deserved overtime pay. There are a variety of illegal ways that employers get around paying their employees overtime. Listed below are just a few ways crooked employers, managers and business owners will try to skirt paying their hourly employees the rightful overtime wage.

Overtime Violations

  • Reclassifying an employee as a manager, even though that person is actually an employee
  • Paying employees for so-called ‘straight time’ rather than overtime
  • Not counting ‘working lunches’ or certain types of breaks towards overtime
  • Reclassifying an employee as an ‘independent contractor’
  • Requiring or allowing employees to work off the clock
  • Not counting hours that were worked from home towards overtime

Getting Fairly Compensated

If your employer isn’t paying you minimum wage or your rightful overtime pay, you should contact a skilled employment law attorney swiftly to get the ball rolling on your case. It remains to be seen if the federal minimum wage will go to $10.10 an hour or not. Until then, you should be earning at least $7.79 for each hour you work in Southwest Florida.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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One-Car Crash Takes the Life of a Naples Teen

Posted on February 18, 2014 by Weldon & Rothman, PL

One-Car Crash Takes the Life of a Naples Teen.

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One-Car Crash Takes the Life of a Naples Teen

Posted on February 18, 2014 by vmcgarity

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Last Saturday, a one-car crash on Shady Hollow Boulevard and 9th Street resulted in the death of 19-year-old Robert Doyle of Naples. According to ABC Channel Two News, the crash happened at approximately 2:27 a.m. For unknown reasons, Doyle lost control of his truck. It left the roadway and then flipped into a canal. He was pronounced dead on the scene. Very few details have been released about this tragic crash.

Teen Crash Statistics

It always hits home when a local teenager gets killed in a car crash. Sadly, car wrecks are the number one cause of death for teenagers in the United States. According to the Centers for Disease Control and Prevention (CDC), in 2010, seven teenagers (between the ages of 16 and 19) died in motor vehicle crashes each day. The CDC has analyzed data to find out what factors put teens most at risk for crashes.

Who is Most at Risk?

  • Teen males – The death rate for teen males was nearly double the death rate for teen females in 2010.
  • Teens who just got licenses – Teens who have recently gotten their licenses (within the first few months) are at a particularly high risk for being involved in motor vehicle wrecks.
  • Teens with peer passengers – the crash risk increases for teens who have teen passengers. Additionally, the crash risk grows significantly with each additional teen passenger.

Preventing Teen Automobile Crashes

The CDC found that graduated drivers licensing programs are a proven and effective way to help teens become safe drivers. These programs work by delaying full licensure until teens have plenty of monitored experienced under relatively low-risk conditions. These programs vary from state to state, and teens in Florida can get a learner license at age 15.

After Car Accidents

If you or a loved one is hurt in a car accident, you should contact an experienced personal injury attorney as soon as possible. When the unthinkable happens, it may be necessary to contact a wrongful death attorney. When local teenagers are injured and killed in automobile wrecks, the whole community feels it. The team at Weldon & Rothman, PL sends their deepest condolences to the family members and friends of Robert Doyle.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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What Restaurant Workers in Southwest Florida Need to Know

Posted on February 12, 2014 by vmcgarity

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Restaurant workers in Southwest Florida work very hard. In no other industry does the day-to-day, minute-to-minute performance of an employee mean so much to their take-home paycheck. According to the National Restaurant Association and data from the Bureau of Labor Statistics, restaurant jobs account for 12 percent of employment in the state of Florida.

Unfortunately, it’s not uncommon for staff members at restaurants to be treated unfairly. Unscrupulous employers and restaurant owners seek to cut costs at every possible corner, even if it means violating their workers’ legal rights. Knowledge is the first step in protecting yourself against exploitation and unlawful practices in a restaurant environment.

Tip Pooling

If you’re required to tip pool or tip share, you need to know where that money is going. Tipped employees can only be lawfully asked to share tips with other employees who would regularly receive tips. This means you can share with other servers, bartenders and bussers, but you can’t share tips with dishwashers and cooks. It’s not your responsibility to pay the wages of non-tipped workers. This is an unlawful practice that keeps employers from paying their back-of-house staff a legal wage. Finally, no employers are allowed to share in the pool. This means, you should never have to tip out to your boss or restaurant owner. You work hard for your tips, and you deserve to keep them.

Overtime Violations

Overtime violations are another common problem in the food-service industry. If you’re being asked to work off-the-clock, there’s a problem. Additionally, certain breaks and ‘working lunches’ also count toward overtime. Since there are a variety of ways employers try to get around paying overtime, concerned employees should contact an employment law attorney immediately if they suspect some type of violation or unfair treatment.

Employer Retaliation

If you have been the victim of any unfair and illegal practices at your restaurant, you should contact an experienced employment law attorney as soon as possible. A lawyer can help you file a claim against your employer. It’s so important to note that your employer can’t legally retaliate against you after you file a claim. If you don’t speak up, the unlawful behavior isn’t going to stop. A skilled attorney can help you every step of the way, and make sure you get the compensation you deserve.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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Hit-and-Run Driver Injures at Least One Person in Fort Myers

Posted on February 10, 2014 by vmcgarity

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Last week, a hit-and-run driver caused a crash involving three vehicles. The incident happened on Wednesday afternoon on McGregor Boulevard in Fort Myers. According to Fox Channel Four News, the driver was headed north before rear-ending a car that was stopped at an intersection. The car that was struck then hit a pickup truck in front of it. The unidentified driver pushed the car out of the way and headed east onto Loma Linda Drive.

The driver of the pickup truck was injured. There is no word on whether or not anybody else was injured in this hit-and-run collision. As of last Thursday, law enforcement officials with the Florida Highway Patrol were still looking for the unidentified driver. Anybody with information about this wreck or the driver is encouraged to contact Trooper Charles Vazquez at (239) 938-1800.

After an Accident

After any kind of car crash, the first priority needs to be your health. Even if you only suffered from minor injuries, you need to be seen and treated by a doctor. After getting medically evaluated and treated, you should contact an experienced personal injury attorney. An attorney can be your advocate, obtain necessary evidence, follow up with official investigative reports and deal with your insurance company. You need to focus on getting better and getting back to your everyday life. An attorney can fight for your rights and make sure you get fairly compensated for your medical bills, lost wages and other damages associated with the crash.

Dealing with Insurance Companies

Whether you’re dealing with your own insurance company or another driver’s insurance company, the claim filing process can be pretty overwhelming. Insurance companies, even your own, are notorious for looking out for the company’s bottom line. You’re not always “in good hands.” It’s an unfortunate fact that many insurance companies will try to offer small, inadequate settlements and delay the claims process to wear down injured victims. If you’re having a hard time dealing with a pushy insurance company, contact the experienced team at Weldon & Rothman, PL for a free consultation today. If you’re not being treated fairly, it’s a good idea to check with a lawyer before you sign anything.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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Age Discrimination in the Southwest Florida Workplace

Posted on February 5, 2014 by vmcgarity

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Discrimination takes a variety of forms, but very few people think about age discrimination until it happens to them. It shouldn’t be surprising that in an area with a sizable older population, age discrimination is on the rise. Commissioner Valle wrote a poignant article on the state of workplace discrimination in Florida and how it impacts not only workers but businesses too. It’s important to understand that age discrimination is an unlawful practice, and your rights as an employee or potential employee need to be protected. If you have been discriminated against because of your age, you need to speak with an experienced employment law attorney as soon as possible.

What is Age Discrimination?

The Florida Civil Rights Act prohibits workplace practices that discriminate on the basis of age. Listed below are a few different types of age discrimination that can occur in the workplace.

  • Firing an individual because of his or her age
  • Refusing to hire a person based on his or her age
  • Discriminating against an employee because of his or her age
  • Printing or publishing any employment notices, advertisements or memos with discriminatory language

Age Discrimination News in Southwest Florida

The Florida Commission on Human Relations website (FCHR) published an article describing the disturbing trend in age discrimination in Florida. The article was written by Commissioner Mario Valle of Naples. In his article, he writes about the importance of utilizing a workforce with individuals from a variety of age groups.

How to Handle Age Discrimination in the Workplace

If you or a loved one has been discriminated against because of age, you should contact an experienced employment law attorney as soon as possible. Discrimination claims are time sensitive, so it’s important to get the ball rolling on your case quickly. Sadly, many people don’t speak up because of a fear of retaliation. It’s important to note that it’s illegal for an employer to retaliate against an employee for bringing up a claim of age discrimination through the proper channels. An attorney can help guide you through the complexities of an age discrimination case. If your employer unlawfully retaliates against you, your lawyer can help you with that situation as well.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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