Gallup AuerbachGallup Auerbach2026-06-08T12:50:54Zhttps://www.gallup-law.com/feed/atom/WordPress/wp-content/uploads/sites/1203903/2021/07/cropped-3578173_favicon-32x32.pngOn Behalf of Gallup Auerbach<![CDATA[Can LinkedIn activity trigger a non-compete dispute in Florida?]]>https://www.gallup-law.com/?p=541422026-06-08T12:45:21Z2026-06-03T12:44:43Z jobs often comes with a LinkedIn update. You may share news about a new role, connect with people in your industry or post career updates. However, if you signed a restrictive covenant agreement, some online activity could catch the attention of a former employer. Understanding how Florida law may apply to your online presence can help you avoid surprises during a job change.
How does Florida's dual-track system work?
Florida uses two different legal frameworks for non-compete agreements and your income level may affect which rules apply to you.For many employees, under this Florida law, employers generally must show that the restriction protects a legitimate business interest. Examples may include customer relationships, confidential business information or specialized training.Some employees may fall under the Florida CHOICE Act. This law applies to certain highly paid employees who earn more than twice the average annual wage in their county. In those situations, qualifying non-compete agreements may receive stronger legal protection and courts may apply different standards when disputes arise.As a result, a LinkedIn profile update, job announcement or other public activity may prompt a former employer to take a closer look at your actions.
Why does the difference between passive and active activity matter?
A simple profile update does not automatically violate a non-compete agreement. Instead, courts often look at the language of the agreement and the type of activity involved.Former employers may pay close attention to actions such as:
Announcing a job with a direct competitor
Sending connection requests to former clients or customers
Sharing posts that promote a new employer's services
Inviting former customers to discuss business opportunities
Context often matters. A general post announcing a new job may look very different from a direct message that encourages a former client to move business to your new employer.In many cases, the risk of a dispute increases when online activity moves from general networking to direct outreach.
How can social media blur legal lines?
Many employment agreements include both non-compete and non-solicitation provisions. A non-compete provision may limit certain competitive activities. A non-solicitation provision often restricts direct contact with former customers, clients or coworkers.LinkedIn combines professional networking with business promotion, which can make some situations less clear. Courts may look at factors such as:
The content and purpose of the message
The audience that received the message
The timing of the communication
The relationship between you and the recipient
These details can affect how a court views online activity. As a result, similar posts may lead to different outcomes depending on the facts and the terms of the agreement.
How can you manage your digital footprint?
Reviewing your employment agreement, understanding which legal framework may apply and recognizing the difference between public announcements and direct outreach may help you spot potential issues. Careful use of social media can support your career goals while reducing the chance of misunderstandings during a job transition.]]>On Behalf of Gallup Auerbach<![CDATA[What are workplace microaggressions?]]>https://www.gallup-law.com/?p=541402026-06-08T12:50:54Z2026-06-01T12:48:48ZMicroaggressions in the workplace are subtle instances of discrimination or harassment. These may be everyday occurrences that contribute to a hostile work environment. They are often far less overt than some forms of discrimination.
For example, decades ago, businesses could declare that they did not want to hire people with a certain ethnic background. That would never happen today because it is an overt form of racial discrimination. Both employers and employees know that it is illegal.But a microaggression could be someone commenting about how well that person speaks English or how it is surprising that they have such a high level of education. These things are framed as compliments, but they subtly reinforce stereotypes and demonstrate discrimination against that person based on their inclusion in that protected class.
Do people do this on purpose?
In some cases, yes, people certainly do this on purpose. A coworker may know that the statements they are making are racially discriminatory, but they think that they are being subtle enough not to be called out on this inappropriate and potentially illegal behavior.One thing that you may find, however, is that people who engage in these microaggressions can become quite defensive if the issues are brought up. They may even try to gaslight the victim by claiming that they are reading too much into it or taking the comments in a way that was never intended.Even in these cases, however, employees may feel that they are clearly being discriminated against and forced to endure a hostile work environment, which is a violation of their rights. If you are in this position regarding racial discrimination, age discrimination, gender discrimination or issues with any other protected class, it is very important for you to know what legal steps you can take.
]]>On Behalf of Gallup Auerbach<![CDATA[Reasonable accommodations for remote workers with disabilities]]>https://www.gallup-law.com/?p=541372026-05-26T13:32:56Z2026-05-21T14:37:51ZWorking from home does not eliminate an employer’s obligations under the Americans with Disabilities Act. Employees with ADA-protected disabilities may still require reasonable accommodations to perform their jobs effectively. Employers who fail to provide appropriate support could face allegations of disability discrimination.Reasonable accommodations for remote workers can take many forms depending on an employee’s medical condition and job duties. For workers with visual impairments, accommodations may include screen readers, magnification software, larger monitors, and voice recognition technology. Employees with mobility limitations may need ergonomic keyboards, specialized computer mice, adjustable desks or supportive office chairs to work safely from home.Workers with hearing impairments may require captioning services during virtual meetings, amplified headsets, or communication software to improve accessibility. Employees with chronic pain conditions, neurological disorders or mental health disabilities may benefit from modified schedules, additional breaks, reduced screen exposure or flexible start and end times.
Disability accommodation is supposed to be an interactive process
The ADA generally requires employers to engage in an interactive process with an employee when accommodation requests arise. This means employers should communicate in good faith to identify solutions that allow the employee to perform their essential job functions. It is important to note, however, that employers are not always required to provide the exact accommodation requested by the worker if another effective alternative exists.For example, an employee may request one type of software, while the employer provides a different but equally effective accessibility program. The key issue in this scenario is whether the accommodation reasonably addresses the employee’s disability-related limitations.Employers cannot simply ignore requests, delay responses indefinitely or refuse accommodations without proper analysis, however. Some companies mistakenly assume that because a person works remotely, accessibility concerns are less important. In reality, remote workers may still face substantial barriers if employers fail to provide necessary tools or workplace adjustments.Employers may deny accommodations only if they can demonstrate that a request would create an undue hardship. Generally, undue hardship refers to significant difficulty or expense based on factors such as the company’s size, financial resources and operational needs. Minor inconvenience or generalized resistance to remote accommodations is usually not enough to justify denial.Disability discrimination may occur when employers refuse reasonable accommodations, retaliate against employees for requesting assistance or create policies that unfairly disadvantage disabled remote workers. When employers fail to meet ADA accommodation requirements, workers may have grounds to pursue legal action. ]]>On Behalf of Gallup Auerbach<![CDATA[Signs your firing may have been unfair]]>https://www.gallup-law.com/?p=541362026-05-26T13:33:13Z2026-05-18T13:32:18ZLosing your job can feel confusing, especially when you believe your dismissal was tied to discrimination or retaliation. In some cases, a firing may cross the line into wrongful termination, although a termination is only “wrongful” if it is illegal, and is only illegal if it was based on a protected characteristic (race, sex, national origin, disability, age, sexual orientation or marital status) or protected conduct (complaining about discrimination or harassment, whistleblowing, etc).You may notice some “red flags” that indicate your treatment is discriminatory long before you are actually fired. For example, a manager may suddenly exclude you from meetings, reduce your hours or treat you differently after you report misconduct or request accommodations for a disability. These details matter later if you decide to take action.
What documentation can strengthen your claim?
Wrongful termination cases depend on proof. Even small details can help show a pattern of unfair treatment or lend veracity to your claim. Start by gathering:
Emails, text messages or written messages from your bosses
Performance reviews that conflict with the reason for firing
Notes about conversations or incidents at work
Names of coworkers who witnessed unfair behavior
A timeline showing what happened before the termination
For example, if you reported harassment and were dismissed shortly after, that timing may become important. If coworkers outside your protected status were treated differently, that could also support your position. Keeping organized records may help you explain your experience more clearly.
When employers try to hide discrimination
Some employers avoid direct statements and instead give vague reasons for termination. They may claim poor performance, restructuring or policy violations even when previous records showed strong work history. This can make wrongful termination difficult to recognize at first. Still, inconsistent explanations, sudden disciplinary action or unequal treatment may point to deeper issues. You may realize what happened to you only after you find out that you were “downsized” only to be promptly replaced by a new hire.Discussing your case with someone familiar with employment disputes can help you understand whether your situation deserves a closer look. Sometimes, a careful review, especially from an experienced legal team, of workplace records and timelines, reveals patterns you may not have noticed during the stress of losing your job.]]>On Behalf of Gallup Auerbach<![CDATA[What should everyone know about overtime in Florida?]]>https://www.gallup-law.com/?p=541322026-05-14T13:11:41Z2026-05-13T13:11:19ZFederal law sets limits to how long employees can work during a standard work week for their normal pay. The Fair Labor Standards Act limits employees to 40 hours per week before they’re due overtime pay. Overtime pay is set at 1.5 times the employee’s standard hourly pay.
While most people know a few of the basics about overtime, they may not realize that there are several considerations when it comes to overtime pay.
Not all employees are entitled to overtime
Some employees aren’t entitled to overtime. There are exemptions based on an employee’s salary basis, their duties and compensation level. These are typically executives, administrators, professionals, certain computer-related roles and outside sales. It’s critical to know that a job title alone doesn’t decide if overtime is allowable.
Accurate records are imperative
Accurate records are critical when it comes to overtime pay. This includes having proper timecards, schedules and payroll records. In some cases, emails, system login data and work messages may also come in handy. All of these records can show how hours are calculated and how pay is calculated from those time records. Remote work has added a bit of complexity when it comes to overtime. Things like working through meal periods, completing tasks when you aren’t clocked in and checking messages after hours are all compensable time.
Overtime can’t be bypassed
Employers should ensure that they’re paying overtime when it’s due. It can’t be avoided by simply telling employees that overtime isn’t approved or that it has to be pre-approved. Instead, workers who put in overtime must be paid for it. Employers also can’t try to give the employee other benefits in lieu of overtime pay. If an employee is due overtime pay and isn’t paid for it, the employee may opt to pursue legal action. The employee should speak with someone familiar with these matters so they can determine what options they have, and employers should also seek assistance to determine their options for addressing the claim by the employee.
]]>On Behalf of Gallup Auerbach<![CDATA[Timing and the ‘but-for’ requirement in FMLA retaliation cases]]>https://www.gallup-law.com/?p=541302026-05-14T13:11:32Z2026-05-12T13:11:09Zprohibits retaliation and requires that employers allow workers to return to the same position they previously held or to a position that has a similar title and comparable compensation. In some cases, employers unfairly terminate workers during their FMLA leave or upon their return to work.
When that happens, workers may have grounds to take legal action by alleging retaliation and/or discrimination. The timing of a termination may provide the basis for a claim of retaliation, but the worker and their attorney must meet a specific legal threshold to show that the employer violated the worker’s rights as well.
What is the ‘but-for’ standard?
Temporal proximity involves a termination that occurs during leave, immediately after a worker’s return to work or following their request for FMLA leave. The two events occur close enough to one another to question whether one influenced the other.
Many employers attempt to justify wrongful terminations by offering alternate explanations. They may claim the worker had attendance issues, that there were disciplinary concerns or that performance problems justify the termination.
The worker and their attorney must show that those claims are merely a pretext to hide the truth of what was actually a retaliatory firing. Establishing temporal proximity or questionable timing is only one element of an FMLA retaliation claim.
The worker’s lawyer must also convince the courts that the termination would not have occurred but for the worker’s request for FMLA leave. They must counter the pretext provided as a justification for the worker's termination and establish that the decision unfairly related to the worker’s legally-protected right to request FMLA leave.
If an attorney can convince the courts that a company unfairly terminated a worker because they requested FMLA leave and not due to attendance, disciplinary or performance issues, the worker may receive compensation for the economic damages triggered by their termination or even reinstatement to their position. Reviewing the circumstances leading to an FMLA-related termination with a skilled legal team can help professionals hold their employers accountable for violating their rights accordingly.]]>On Behalf of Gallup Auerbach<![CDATA[Manipulation and quid pro quo sexual harassment]]>https://www.gallup-law.com/?p=541292026-05-14T13:10:07Z2026-05-01T13:09:48ZQuid pro quo sexual harassment is a bit different than other types of harassment employees may claim to experience on the job. In many ways, it is a type of manipulation. It puts an employee into a complicated situation where they may feel like they have to go along with the harassment, and their involvement may appear consensual to an outsider.
This manipulation is often done by exchanging certain workplace benefits or advancements, or by giving an employee a greater sense of security in their job. The term quid pro quo itself refers to exchanging things, and it is the exchange of a sexual relationship for these workplace benefits.
One example of how this could happen
Every sexual harassment case is unique, but quid pro quo harassment could happen if an employee is seeking a promotion. Perhaps they have a supervisor who gets to determine who receives the promotion. That supervisor is in a position of power, not just in the business hierarchy, but because they are, in some ways, in charge of the employee’s future.As such, the supervisor tells the employee that in exchange for a sexual relationship, they will make sure they are the one who gets the promotion.Moreover, the employee may be worried about losing their job if they do not agree. If they turn down their supervisor’s advances, does that mean they will never get a promotion or a raise again? Could they even be at risk of losing their job the next time there are layoffs?
Legal options for employees
Situations like this can become very complex for employees, who are naturally worried about their future but know that they are being put into a compromising situation. For those who believe they have been experiencing sexual harassment on the job, it is important to know exactly what legal options they have and what steps they can take.]]>On Behalf of Gallup Auerbach<![CDATA[When is a non-compete agreement unenforceable in Florida?]]>https://www.gallup-law.com/?p=541282026-05-14T13:06:20Z2026-04-30T13:05:50ZFlorida courts take non-compete agreements seriously. But not every agreement holds up. If yours falls short of the law's requirements, a court may narrow or void it entirely.
What the law requires
Florida Statute § 542.335 sets the rules for every enforceable non-compete in the state. The agreement must be written and signed. It must also protect a legitimate business interest such as trade secrets, confidential information or substantial customer relationships. Without that foundation, the restriction carries no legal weight.Courts also look at time and geography. Florida law treats a restriction of six months or less as reasonable for most employees. A restriction beyond two years draws scrutiny unless your employer can justify it.
Common reasons courts strike down these agreements
Several factors can make a non-compete unenforceable:
No legitimate business interest: The employer cannot prove the restriction protects something specific like trade secrets, client lists or confidential data.
Excessive time limits: A restriction longer than two years is hard for employers to defend in court.
Overly broad geography: If the restriction covers areas where you never worked or had no clients, a court may throw it out.
Employer breach: If your employer broke the terms of your employment agreement, the non-compete may no longer apply to you.
Lack of consideration: If you signed the agreement after your start date and got nothing extra in return, a court may refuse to enforce it.
Florida courts can also apply the "blue pencil" rule. That allows a judge to narrow an overbroad agreement rather than void it completely.
The 2025 CHOICE Act
Florida's 2025 CHOICE Act extended non-compete enforcement to four years for qualifying employees. To qualify, your salary must exceed twice the mean annual wage of your county. Employers must also advise you in writing of your right to seek counsel at least seven days before you sign. This law covers Florida-based workers and some out-of-state employees under Florida-governed agreements.
Understand your rights before you act
Non-compete disputes turn on the specific facts of your situation. An attorney can review your agreement and help you determine whether it meets Florida's legal standards.]]>On Behalf of Gallup Auerbach<![CDATA[4 details you might miss in your severance agreement]]>https://www.gallup-law.com/?p=541262026-04-23T03:09:01Z2026-04-23T03:09:01ZReleasing your rights
In exchange for severance pay or other benefits, you usually give up your right to sue for issues such as unpaid wages or other workplace violations that occurred before you sign. These releases are often written broadly. Recognizing exactly which claims you are waiving is critical, as certain releases may be challenged if they are unclear or do not meet legal requirements.
Restrictive covenants
Many agreements include restrictive covenants, such as non-compete, non-solicitation or confidentiality clauses. Florida law governs when non-compete contracts are enforceable. In general, employers must tie these limits to a legitimate business interest. They must also keep them reasonable in terms of duration, location and type of work.
Other restrictive provisions, such as no-hire or no-rehire clauses and intellectual property terms, may also be enforceable depending on how employers write and apply them. These provisions can limit where you work, which clients you contact or whether you can start a competing business.
Payment and benefit specifics
Review the details of the compensation. Note the payment schedule and whether it will come as a lump sum or in installments. Check how your employer will handle benefits such as health insurance, retirement contributions and unused vacation time. Florida law may require payment for unused vacation based on company policy. However, the agreement often defines these details.
Confidentiality and non-disparagement terms
Most agreements include confidentiality and non-disparagement provisions. Confidentiality clauses may limit what you can share about company operations, client information or the document itself. Non-disparagement clauses may restrict negative statements about your former employer. Breaking these conditions can lead to disputes or loss of benefits.
Severance terms are often negotiable. If you decide not to sign on the first offer, you may still be entitled to certain final wages or benefits. However, you would not receive the extra compensation offered in return. If you believe you were wrongfully terminated and may have a claim that you would otherwise be releasing by signing the severance agreement, you should consider consulting with a knowledgeable and experienced employment attorney to discuss your potential claims and the possibility of enhancing the severance offered.
A severance agreement sets the terms that follow your departure. Taking the time to identify unclear language and confirm how each provision applies to your situation can help you avoid unexpected limits or disputes after you move on.]]>On Behalf of Gallup Auerbach<![CDATA[How long should a non-compete last in Florida?]]>https://www.gallup-law.com/?p=541232026-04-10T13:26:26Z2026-04-10T13:26:26ZWhy does non-compete duration matter?
When a person with access to key business information leaves your company, you need time to secure and transition that sensitive information.
A short restriction period may not give you enough time to address these concerns. However, if the duration is too long, courts may deem it unreasonable for you to limit an individual’s ability to work. This is why understanding what Florida law considers a reasonable timeframe is crucial.
What is a reasonable non-compete period under Florida law?
If you restrict a former employee or business partner for two years or less, courts generally view this as reasonable. When an agreement involves trade secrets, you may set a period of five years or less.
However, if your non-compete exceeds these timeframes, you will need to provide additional justification for the extended period. Several factors can influence whether a court will consider the duration as reasonable.
What factors determine non-compete duration?
Beyond the general timeframes, courts may examine the following:
The type of information you are protecting (trade secrets, proprietary processes, etc.)
The scope of restricted activities
The geographic area covered by the agreement
The employee’s role and level of access to sensitive information
The impact on the employee’s livelihood
A timeframe that fits your business needs in one area may still raise concerns if the other restrictions in your contract are too broad. As a result, you should evaluate the full scope of your agreement to prevent an excessive non-compete duration.
What happens if a non-compete period is too long?
If a court deems your non-compete period excessive, Florida law allows a judge to “blue pencil” or modify your agreement. However, relying on judicial modification is often risky. Courts have broad discretion in revising agreements, and you may end up with less protection than you intended. Moreover, litigation takes time and money.
Given these risks, it may be beneficial to set appropriate durations for your non-compete agreement from the start. This approach can help align restrictions with your business needs while creating enforceable protections.]]>