Yormak Employment & Disability LawYormak Employment & Disability Law2026-09-23T17:17:15Zhttps://www.yormaklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101169/2021/03/cropped-favicon-img-32x32.pngOn Behalf of Yormak Employment & Disability Law<![CDATA[Questions that raise red flags during a job interview]]>https://www.yormaklaw.com/?p=484442026-09-23T17:17:15Z2026-09-23T17:17:15ZIn some cases, potential employees can spot red flags during an interview that may mean discrimination is likely. This discrimination could happen during the hiring process itself. It could also tell the employee that this is a workplace where that type of activity is common, so even if they get hired, they could face discrimination moving forward.
The key is to watch out for employers who ask illegal interview questions. They need to know what types of questions are and are not permitted under the law to avoid violating anyone’s rights.
Questions about protected classes
Often, the issue is when the questions revolve around a protected class. For instance, age discrimination is illegal. Employers can ask someone about their experience in the industry, but they should not ask them exactly how old they are and use it as a guideline for who to hire.Another example is if an employer asks about someone’s family status, marital status or sexual orientation. Maybe they ask if the person is married, has children or plans to have children in the future. This could raise significant red flags about pregnancy discrimination or other types of gender discrimination.Similarly, an employer should never ask what religion someone is or if they practice that religion consistently. If an employer is worried that someone will not be able to work on the weekends or over the holidays, they can ask about any scheduling conflicts. But they cannot frame it as a religious question where they may discriminate against someone based on the religion they follow.
What if discrimination occurs?
These lines of questioning should be avoided, but they do happen. Employees who have experienced discrimination need to know what legal options they have at this time.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Quitting can undercut your wrongful termination case]]>https://www.yormaklaw.com/?p=484412026-09-12T03:25:56Z2026-09-12T03:25:56ZIn some cases, employees are facing negative treatment at work. They begin to wonder if they should simply quit their job.
For example, say that you have been experiencing sexual harassment on the job. You mention to a supervisor that you want to report what is happening, and your supervisor warns you that, should you do so, you are simply going to be fired.This leaves you feeling like you have no options. The company has all of the power. If they are going to allow the treatment to continue and fire you if you report it, it may be tempting to just quit and look for another job. But from the perspective of a wrongful termination case, this can actually undermine your own case.
It can make legal action more difficult
The thing to remember about wrongful termination cases is that your employer needs to “fire you for an illegal reason.” In this instance, it would be retaliation for reporting the harassment that you faced on the job. You are protected against this type of retaliation, as well as the initial sexual harassment, so you would have a very straightforward wrongful termination case if they did fire you.If you simply quit, you do not force your employer into that position. You may still have options to report the harassment that you were initially facing, but it is no longer a wrongful termination case since you voluntarily left your position. In that sense, you are better off legally reporting the harassment and then waiting to see if they actually fire you, violating your rights a second time.These cases can certainly be complex, so it can be helpful to work with an experienced attorney.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[What if your employer changes an age-waiver severance offer?]]>https://www.yormaklaw.com/?p=484392026-09-10T23:44:11Z2026-09-10T23:44:11ZWhen a change restarts the 21-day period
Federal rules distinguish between major revisions and minor edits. If your employer makes a material change to the offer, the 21-day period generally begins again from the date of the revised final offer. A change that is not material does not restart the period.
The rules do not list every change that counts as material. A major change to severance benefits or the rights you give up may qualify, while a small correction usually has a different effect. The parties can also agree that a revision will not restart the consideration period.
What happens if you accept early
You do not have to use the full 21-day period before accepting an individual offer. Federal rules allow you to sign sooner when you make that decision knowingly and voluntarily. Your employer cannot obtain an early signature through fraud, false statements or a threat to withdraw or change the offer before the period ends.
After you sign, a separate seven-day revocation period begins. You retain the right to cancel the agreement during those seven days, and the parties cannot shorten that period.
Keeping track of a revised offer
If your employer sends a new version, you may want to keep both copies and note when you received each one. Comparing the terms can help you identify what changed and how the federal rules apply. Keeping those records together can also help you review your workplace rights and prepare for any legal process that follows.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[What should you know about overtime pay?]]>https://www.yormaklaw.com/?p=484372026-09-05T13:10:01Z2026-09-05T13:10:01Zovertime pay is handled based on the rules in the Fair Labor Standards Act, which is a federal law. There aren’t any additional state protections. Anyone who works in Florida should ensure they understand the basics of overtime pay accordingly.
Only non-exempt workers are entitled to receive overtime
Employees are classified as exempt or non-exempt when it comes to overtime pay. With few exceptions, all non-exempt workers must receive this pay when they work overtime but exempt employees aren’t generally entitled to this opportunity.
Most workers are non-exempt, and only those that meet very strict federal standards related to specific job duties and minimum salary requirements are considered exempt. Executives, professionals, and outside sales are three categories that commonly have exempt employees.
Employers may tell employees they are exempt from overtime payments, but that’s not generally the case unless those federal standards are met. Employees can’t waive their right to overtime pay. Additionally, private sector employers can’t lawfully offer comp time instead of paying for overtime.
Increased overtime pay
When applicable, any time worked beyond 40 hours in a standard workweek must be paid at 1.5 times the employee’s normal hourly rate. Sometimes, even if someone is a salary employee, an hourly rate must be determined for the purpose of overtime pay. If an employee earns commissions or non-discretionary bonuses, those must be factored into an overtime payrate.
Any employee who has worked more than 40 hours during a standard workweek should see the overtime reflected in their pay. If that doesn’t happen, they may opt to pursue a legal claim against their employer. This can be challenging, so consulting with a skilled legal professional to assist may be beneficial.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Why evidence is important for a workplace harassment claim]]>https://www.yormaklaw.com/?p=484342026-08-12T22:43:42Z2026-08-12T22:43:42ZHow to document workplace harassment
Typically, the first step to take before filing a workplace harassment claim is collecting evidence. There are a few ways you can collect evidence of workplace harassment, including the following:
Keep everything in writing: It is important to record any communications with the harasser in writing. Emails, letters, texts and voicemails can help support a claim.
Keep a journal: You may want to consider keeping track of when and where harassment took place to prove that an incident was not a one-time occurrence.
Keep copies of complaints: Reports to a company’s Human Resources department can be used to prove when an event took place and whether an incident was investigated and resolved.
Talk to witnesses and victims: You may not be the only person who has witnessed or experienced workplace harassment. Witness and victim testimonies can help strengthen a claim.
If you are facing workplace harassment, and you are have not been able to resolve the matter with your employer, it is important to understand your legal rights. You can reach out to professional legal guidance to determine what you should do next.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Can severance pay delay unemployment benefits in Florida?]]>https://www.yormaklaw.com/?p=484302026-07-27T15:25:53Z2026-07-27T15:25:53ZHow does Florida calculate the severance period?
Florida law treats severance as compensation that can affect your eligibility for Reemployment Assistance. Under Florida Statutes Section 443.101, the state divides the total severance by your average weekly wage, or what you earned on average each week from that employer. The result is rounded down to the nearest whole number. A payment worth less than one average week of pay may therefore not create a full week of disqualification.
The affected weeks begin with the week your employment ends. Receiving the payment in one lump sum does not necessarily limit its effect to the week you receive it.
What should you report when filing your claim?
When you apply for Reemployment Assistance, report the severance you received or expect to receive. Keep records that may help the Florida Department of Commerce (FloridaCommerce) verify the information, including:
When FloridaCommerce sends its decision, review the information for accuracy. An incorrect severance amount or wage figure could result in an overpayment that you may have to repay.
Understand the full effect of your severance
A severance package can affect more than the income you receive after employment ends. Understanding how its terms interact with Reemployment Assistance can help you plan for the transition and evaluate the agreement as a whole. If any terms or benefit calculations are unclear, legal guidance can help you identify issues that may deserve closer review.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Can a noncompete stop you from freelancing after a layoff?]]>https://www.yormaklaw.com/?p=484272026-07-19T16:41:41Z2026-07-19T16:41:41ZLosing an office job, especially at an older age, may leave you wondering how you can rebuild your income before retirement. Freelancing can seem like a practical path because it allows you to use decades of technical experience without waiting for another company to hire you.
That plan may feel threatened when your former employer says you signed a noncompete agreement. In Florida, these contracts can be enforced, but the company must show that the restriction protects a legitimate business interest and is reasonably necessary. Your age does not cancel the agreement, but your need to continue earning makes it important to understand what the document limits.
Do not let the contract control your next move
Do not assume every project is prohibited. Review the agreement, your layoff paperwork and any severance terms. Focus on these details:
Protected interest: The company should identify something specific, such as trade secrets, confidential business information, important client relationships or specialized training.
Restricted services: Check whether the language covers all work or only services that directly compete with your former employer.
Time and territory: Florida courts examine whether the duration and geographic area are reasonable for the interest being protected.
Layoff circumstances: Determine whether the contract explains what happens when employment ends through no fault of your own.
Possible response: You may seek a written release, negotiate narrower terms or ask a Florida court to decide whether the restriction is enforceable.
If the restriction appears too broad, you may challenge it, negotiate a written release or ask a court to declare it unenforceable. Also, remember to keep copies of the contract, layoff notice, severance documents and communications about freelance work. You should not assume the company’s warning is final. It is wise to work with a legal professional, as they can help you understand the agreement, protect your income and choose a practical next step without creating unnecessary risk and drama. ]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Important tips on proving quid pro quo harassment]]>https://www.yormaklaw.com/?p=484162026-07-06T19:02:16Z2026-07-06T19:02:16ZQuid pro quo sexual harassment occurs when a person in a position of authority ties employment decisions to unwanted sexual conduct. These cases can have serious consequences because they often involve promotions, pay, scheduling or continued employment.
Although proving quid pro quo harassment can be challenging, a successful claim does not always require an explicit written demand. In many cases, the surrounding facts and circumstances help establish whether sexual harassment affected an important employment decision.
Evidence that can strengthen your claim
Strong evidence often makes proving quid pro quo easier. Written communications such as emails, text messages or other records showing inappropriate requests or comments may help demonstrate what occurred. If conversations were witnessed by coworkers, their statements may also support your account.Keep records of important events, including changes to your work schedule, performance evaluations, compensation or job duties. If negative employment actions occurred shortly after rejecting unwelcome advances, the timing may help establish a connection between the conduct and the employment decision.Documentation showing previous positive job performance followed by sudden disciplinary action or denial of opportunities may also be relevant when evaluating a sexual harassment claim.
Showing the connection to an employment decision
A key part of proving quid pro quo is demonstrating that the person responsible had authority over employment decisions such as hiring, firing, promotions or compensation. The claim generally requires more than inappropriate comments alone.You must also show that accepting or rejecting the unwelcome sexual conduct resulted in a tangible employment action. This may include termination, demotion, reduced work hours, loss of benefits, denial of a promotion or another significant change in employment conditions.An explicit threat is not always necessary. In some situations, implied promises or suggestions may support a claim if a reasonable person would understand that job benefits or penalties depended on responding to the unwelcome conduct. However, if there is no tangible employment consequence, the situation may fall under a different type of workplace sexual harassment claim.Every situation depends on its specific facts and available evidence. Preserving documents and reporting concerns promptly may strengthen your position if questions arise later. If you believe you have experienced sexual harassment and need help proving quid pro quo, seek legal guidance to better understand your rights and available options.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[What counts as workplace harassment in Florida?]]>https://www.yormaklaw.com/?p=484072026-06-30T23:34:05Z2026-06-30T23:34:05ZWhat is considered workplace harassment?
Workplace harassment occurs when an employee is subjected to unwelcome behavior because of a legally protected characteristic. Federal and Florida laws protect employees from harassment based on race, color, religion, sex, pregnancy, national origin, age, disability and genetic information. These laws also prohibit employers from retaliating against workers who report discrimination or take part in an internal investigation or legal proceeding related to workplace misconduct.
The behavior becomes unlawful when it is severe or pervasive enough to create a hostile work environment or when enduring the conduct becomes a condition of keeping your job or receiving employment benefits.
Examples of workplace harassment
Harassment can take many forms and does not always involve physical contact. It may include:
Offensive jokes, slurs or repeated insults
Derogatory comments about a protected characteristic
Unwanted sexual advances or requests for sexual favors
Intimidation, threats or offensive gestures
Displaying offensive images or messages
Repeated conduct that creates a hostile or abusive work environment
A single rude comment or isolated disagreement generally does not rise to the level of illegal harassment. Courts often look at the frequency, severity and overall impact of the conduct.
What should you do if you experience harassment?
If you believe you are experiencing workplace harassment, taking prompt action can help protect your rights. Consider:
Documenting incidents, including dates, locations and witnesses
Saving emails, text messages or other relevant communications
Reporting the conduct through your employer's complaint procedures
Consulting an employment attorney if the harassment continues or your employer fails to respond appropriately
Employers often have a legal duty to investigate harassment complaints and take reasonable steps to stop unlawful conduct.
Why legal guidance matters
Every workplace harassment case depends on its specific facts. Some situations involve subtle patterns of discriminatory behavior, while others include clear evidence of unlawful conduct or retaliation after a complaint. An experienced Florida employment attorney can evaluate your circumstances, explain your legal options and help you pursue appropriate remedies if your rights have been violated.
Recognizing the difference between difficult workplace behavior and unlawful harassment is an important first step. If you are facing repeated or severe conduct based on a protected characteristic, understanding your legal rights can help you make informed decisions about how to move forward.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[How age discrimination affects women differently]]>https://www.yormaklaw.com/?p=483992026-06-21T12:39:09Z2026-06-21T12:39:09ZAge discrimination can impact any worker, but women often face unique career challenges as they grow older. Some employees can expect their experience and expertise to increase their value to their employer.
However, older women often instead encounter unfair stereotypes, limited opportunities and pressure to leave the workforce earlier than planned. Recognizing how age discrimination affects women differently, and in some cases intersects with sex discrimination, can help employees protect their rights.
The double standard of age and gender
Older workers often face assumptions about their energy levels, adaptability and abilities. For women, these assumptions can be compounded by gender bias.Research has shown that women may experience a“double jeopardy” effect where age discrimination and sex discrimination overlap. An older male employee may be viewed as experienced and knowledgeable, while a female in the same age group may be given the unfair label of being out of touch or no longer a good fit for the company’s image.These stereotypes can influence decisions about hiring, promotions, compensation and job assignments.Such discrimination isn’t always obvious. Often, there are subtle behaviors or patterns, such as:
Facing pressure to retire earlier than planned
Being passed over for promotions in favor of younger employees
Being excluded from training opportunities
Hearing negative comments about appearance
Seeing younger employees with similar qualifications receive higher pay or better assignments.
While employers may attempt to justify their actions as business decisions, if those decisions are based on age-related assumptions, then they’re violating the law.Both the federal Age Discrimination in Employment Act (ADEA) and theFlorida Civil Rights Act prohibit employers from discriminating against workers based on age.No employee should be forced out of the workplace because of outdated stereotypes or assumptions about age. Anyone who experiences discrimination deserves equal opportunities to advance their careers, earn fair compensation and work in an environment free from bias.If you believe you have experiencedage discrimination at work, speaking with a legal professional can help you understand your options and determine the best path forward.]]>