Gallup Auerbach Gallup Auerbach 2026-07-20T14:13:00Z https://www.gallup-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1203903/2021/07/cropped-3578173_favicon-32x32.png On Behalf of Gallup Auerbach <![CDATA[What to review before signing a Florida employment agreement]]> https://www.gallup-law.com/?p=54168 2026-07-20T14:13:00Z 2026-07-16T14:12:39Z Compensation beyond the base salary A base salary figure is only part of the picture. If your role includes commissions, bonuses, or equity, those terms need to be clearly defined in the contract. Under Florida contract law, language that describes a bonus as purely "discretionary" is difficult to enforce. Look for specific performance metrics, payment timelines, and language confirming that earned commissions are retained even if you leave the company before a payout date. The U.S. Department of Labor's Wage and Hour Division offers guidance on wage agreements and payment obligations that can help workers understand their baseline federal protections alongside any state or contractual terms.

Non-compete and non-solicitation clauses

Florida enforces restrictive covenants more readily than many other states. According to state law, a non-compete agreement is enforceable when the employer can show a legitimate business interest, such as protecting confidential client relationships or specialized training. Before signing, review the geographic scope, the duration, and the specific activities restricted. Overly broad language can limit your ability to work in your field if the employment relationship ends, and courts in Florida are permitted to modify rather than void unreasonable terms, which does not always work in the employee's favor.

Severance and benefits terms

Florida is an at-will employment state, meaning either party can end the relationship at any time for any lawful reason. An employment agreement can provide more stability by including a severance clause that specifies what compensation or benefits you receive if the company terminates you without cause. It is also worth confirming that health benefits, retirement vesting schedules, and paid time off terms match what was discussed during the hiring process.

Before you sign

Employment agreements are binding documents that can affect your career options for years. If you have questions about a contract you have received, an employment law attorney can walk you through the terms and help you identify anything worth negotiating before you commit.]]> On Behalf of Gallup Auerbach <![CDATA[How to Spot 5 Signs of Illegal Job Retaliation ]]> https://www.gallup-law.com/?p=54165 2026-07-13T13:49:32Z 2026-07-10T13:40:27Z Reporting a workplace violation or filing a workers’ compensation claim requires immense courage. While Florida law explicitly shields employees from punitive actions, many organizations still penalize workers who expose misconduct.  These companies frequently disguise their retaliatory actions behind business pretexts and recognizing early signs allows professionals to mount a strong strategic defense.

1. Sudden Unfavorable Performance Reviews

Employees who routinely receive stellar evaluations may suddenly face critical metrics. This sudden shift typically occurs immediately after the worker reports a regulatory infraction or files an injury claim.

2. Reduced Work Hours

Management may reduce scheduled weekly shifts or reassign lucrative client portfolios to other colleagues. This reduction directly damages the worker's financial baseline without any operational necessity.

3. Demotion and Undesirable Schedules

Supervisors might transfer the employee to a distant branch office or mandate an inconvenient night shift. Employers deploy these structural changes to induce voluntary resignation.

4. Exclusion from Critical Operations

Corporate leaders frequently isolate the worker by removing them from strategy sessions. This systematic exclusion intentionally stalls professional advancement.

5. Heightened Daily Scrutiny

Management begins tracking basic daily habits, such as brief breaks. Supervisors accumulate this documentation to construct a pretext for termination.

Establishing Accountability and Legal Protection

Corporate entities possess extensive resources to mask retaliatory employment actions under standard administrative decisions. Overcoming these defense tactics requires precise knowledge of statutory frameworks, including recent state supreme court rulings regarding actual violations.  A dedicated legal advocate uncovers hidden patterns of workplace retaliation, preserves vital evidence, and enforces employee rights to secure lawful financial compensation.  ]]> On Behalf of Gallup Auerbach <![CDATA[How severance packages really work (and what is negotiable)]]> https://www.gallup-law.com/?p=54162 2026-07-13T13:42:00Z 2026-07-01T13:40:42Z packages are often a business decision shaped by company policy, risk management and employee relations. That means some terms may have some flexibility while others do not. Understanding the typical components can help both parties to move forward wisely.  

Are severance packages required?

The answer to this question varies depending on a number of factors. First off, some states require severance packages in certain situations. The second consideration is the employment contract. It is important to review the language of this document to see if it outlines severance package requirements. In many cases, even when not required by state law or employment contract terms, employers may wish to offer severance packages to protect their reputation when letting go of a large number of workers. 

What is generally included in a severance package?

Most severance agreements include a mix of cash, continued benefits and legal protections for the employer. Common components include:
  • Salary continuation or lump sum pay: Often calculated as a set number of weeks per year of service or a flat amount. Employers may adjust the amount, the payment schedule or include conditions like staying through a transition period.  
  • Benefits continuation: Commonly includes continuation of employer-paid health coverage for a period of time. 
  • Bonuses and commissions: Although discretionary bonuses are uncommon, packages may include earned commissions, prorated incentives or the timing of payments if performance metrics are clear.  
  • Equity and long term incentives: Plan documents usually govern stock options, RSUs and performance awards. Employers may agree to accelerate vesting in limited cases or extend an option exercise window, but the plan rules often control.  
  • Outplacement and references: Career coaching, resume support and a neutral reference are common and relatively easy for employers to enhance.
These options are usually offered in exchange for a release of claims, confidentiality obligations and sometimes non-disparagement terms.

What will employers typically negotiate? 

Employees may attempt to negotiate additional weeks of pay, a longer benefits subsidy or a prorated bonus. Employees may also request a tailored reference letter or clearer language about job title and dates of employment. Employers are less likely to change the core release of claims, the requirement to return company property or provisions mandated by equity plans and benefit plan rules. A severance package is both compensation and a contract. The best outcomes come from identifying fixed versus flexible terms and what you can credibly justify based on tenure, performance and the circumstances of separation. When the terms are complex or the stakes are high, a review by an employment attorney can result in a strategic approach and mitigate the risk of unintended consequences.]]> On Behalf of Gallup Auerbach <![CDATA[Workplace sexual harassment: Myths vs. facts]]> https://www.gallup-law.com/?p=54151 2026-07-13T13:48:34Z 2026-06-29T13:40:55Z What legally defines workplace harassment? Legally, harassment is broader than many assume and falls into two main types. The first, "quid pro quo," involves trading a job benefit, such as a promotion, for sexual favors. The second, and more common, type is a "hostile work environment." This happens when unwelcome conduct is so severe or pervasive that it creates a scary or offensive workplace. The law focuses on the act's impact, not the person's intent.

Common myths versus legal truths

This legal standard often conflicts with common beliefs about harassment. Many workers wait to act because what happened to them does not match a common myth. Some of the most common myths include:
  • The conduct must be physical: Unwanted touching is harassment, but so are ongoing offensive jokes, comments about a person's body or showing sexual images.
  • Only men harass women: Harassment can happen to anyone, by anyone. The law protects all workers, no matter their gender or the gender of the person harassing them.
  • A single incident is not enough: While a pattern of acts often builds a case, a single, very severe event can be enough to create a hostile work environment.
This list shows that many types of actions can be harassment.

How to respond to workplace harassment

Realizing that you are experiencing harassment is the first step. Taking planned action is the next step. Writing down every event with dates, times, places and witnesses gives you a clear record. Many companies have internal reporting rules that workers can use. If that is not an option or does not resolve the issue, a person may file a complaint with an outside agency such as the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations.

Understanding harassment protects your career

Myths about sexual harassment create confusion and can leave workers feeling powerless. But state and federal laws give clear rules and safeguards. Knowing what the law defines as harassment helps you spot bad conduct and learn how to deal with it. This knowledge helps create a safe and fair workplace.]]> On Behalf of Gallup Auerbach <![CDATA[What is undue hardship in the reasonable accommodation process?]]> https://www.gallup-law.com/?p=54147 2026-07-13T13:47:31Z 2026-06-25T13:41:09Z Employees with disabilities may be entitled to reasonable accommodations that allow them to perform their jobs effectively. At the same time, employers are not required to approve every request if doing so would create an undue hardship for the business. Under Florida employment law and federal disability protections, determining undue hardship requires a careful review of the specific circumstances rather than assumptions or general concerns. Each request must be evaluated on its own facts.

When can an employer claim undue hardship?

Undue hardship generally refers to a reasonable accommodation that would create significant difficulty or expense for the employer. The analysis considers the employer's size, available resources and the nature of its operations rather than relying on a single factor. An individualized review may examine whether a requested accommodation is:
  • Excessively costly in light of the employer's available resources
  • So extensive that it substantially disrupts normal business operations
  • Likely to fundamentally change the nature of the position or workplace
  • Difficult to implement without affecting essential business functions
Florida employment law does not allow an employer to deny reasonable accommodations simply because other employees disagree with the request or hold negative opinions about a disability. Workplace discomfort or personal bias alone is generally not enough to establish undue hardship. Employers are also encouraged to explore alternatives before denying an accommodation. If one requested solution creates an undue hardship, but another effective option is available, the alternative accommodation may still satisfy the employer's obligations. Outside funding sources or cost-sharing opportunities may also reduce the financial burden and make an accommodation reasonable. The reasonable accommodations process is intended to balance the needs of employees with the legitimate operational needs of employers. An undue hardship determination should be based on objective facts, actual costs and the practical impact on the workplace rather than speculation or unsupported conclusions. If you are involved in a dispute over reasonable accommodations or an employer's claim of undue hardship, understanding your rights under Florida employment law is important. Seeking legal guidance may help you evaluate the circumstances and determine the most appropriate next steps.]]> On Behalf of Gallup Auerbach <![CDATA[Florida Supreme Court ruling clarifies whistleblower protections]]> https://www.gallup-law.com/?p=54146 2026-07-13T13:46:35Z 2026-06-15T13:41:19Z A ruling late last month by the Florida Supreme Court has raised (or at least clarified) the bar for employees who seek protection from retaliation by employers for being a whistleblower.  The case before the state’s high court involved a welder mechanic for Gulf Power Company. He had received multiple formal reprimands and was placed on a “kind of probation,” according to the court’s ruling. Then, after using “racially disparaging language” at a meeting, he was fired. The welder claimed in a lawsuit against his former employer and its parent company that he was actually fired because he had raised objections to numerous unsafe working conditions that had caused accidents involving other employees and “that were in violation of state and/or federal laws or that he reasonably and objectively believed were in said violation.” This included, according to the welder, violations of Occupational Safety and Health Administration (OSHA) regulations.

Court ruled that a belief that the employer was violating the law wasn’t enough

The defendants in his lawsuit argued, and a lower court agreed, that because the welder was unable to show that the company violated any laws, he did not have the protections granted under Florida’s Private Whistle Blower Act. He argued that he was still entitled to these protections since he reasonably believed that the safety hazards violated the law. The Supreme Court ruled that the law did not state that it covered protections based on a “good faith, objectively reasonable” belief that an employer’s actions are a “violation of a law, rule, or regulation.” Other whistleblower-related laws do use words like “suspected” and “alleged,” whereas this one does not. Therefore, that should not be assumed for this law since it isn’t stated. The Chief Justice noted in a separate opinion that this ruling applied only to this case and not necessarily to others. Nonetheless, it is likely one that will be referenced in future cases. It’s important to remember that even with whistleblower protections, an employee can still potentially be fired for cause. However, anyone who seeks these protections is wise to get legal guidance before they report unsafe conditions or wrongdoing. This can help employees protect their rights and their jobs.]]> On Behalf of Gallup Auerbach <![CDATA[Can you recover damages for unpaid wages in Florida?]]> https://www.gallup-law.com/?p=54143 2026-06-10T15:10:29Z 2026-06-09T15:10:14Z Classifying earned wages under Florida law Wage disputes involve determining what counts as a legally protected wage. There are different ways how Florida law and the federal Fair Labor Standards Act (FLSA) approach these wages:
  • Regular hours and base salary: The salary you receive for all hours worked
  • Overtime pay: The pay that is 1.5 times your regular rate for any hours worked over 40 in a week
  • Commissions and bonuses: The pay you receive as earned wages after fulfilling specific conditions outlined in your employee agreement
  • Vacation and paid time off: An optional benefit but can turn into a protected wage in a lawsuit if the employment agreement or company policy dictates they are payable upon separation
If you think that your employer owes you earned wages, you may file a claim against them.

Outlining the recoverable damages

Proving your claim successfully can result in recovering more than the original missing paycheck. Depending the statute violated, several types of damages may apply:
  • Back pay: The payment your employer legally owed you but withheld
  • Liquidated damages: The additional damage that equals your total back pay, which may only apply if the employer cannot prove they acted in good faith and did not have reasonable grounds to believe they were compliant
  • Attorney’s fees and court costs: An award that covers legal fees as the prevailing party
Florida law allows for the recovery of pre-judgment interest. This compensates the worker for the time the money was wrongfully withheld, calculated from the date the wages were originally due up until the date the court issues its judgment.

Holding your employer responsible for their mistake

Wage and hour claims often stem from administrative errors or misunderstandings. When a dispute arises, the most efficient resolution often begins with a formal internal review of time-tracking and payroll records. Clear documentation protects both employees and employers. However, if a mutual agreement cannot be reached or if the parties clash over contractual terms, seeking counsel from a wage and hour attorney is wise to gain further guidance in resolution.]]> On Behalf of Gallup Auerbach <![CDATA[Can LinkedIn activity trigger a non-compete dispute in Florida?]]> https://www.gallup-law.com/?p=54142 2026-06-08T12:45:21Z 2026-06-03T12:44:43Z 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=54140 2026-06-08T12:50:54Z 2026-06-01T12:48:48Z Microaggressions 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=54137 2026-05-26T13:32:56Z 2026-05-21T14:37:51Z Working 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. ]]>