Yormak Employment & Disability LawYormak Employment & Disability Law2026-11-10T12:00:50Zhttps://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[Can race-based job assignments count as workplace discrimination?]]>https://www.yormaklaw.com/?p=485462026-11-10T12:00:50Z2026-11-10T12:00:50ZYour job duties can affect your pay, career growth and future opportunities. But what happens when an employer gives certain tasks to workers of one race while assigning less desirable duties to others? For example, a manager may regularly give customer-facing roles to white employees while assigning Black employees to backroom work. This pattern may raise concerns about workplace discrimination.
In Florida, employers cannot make job decisions based on race. This protection covers more than hiring and firing. It also applies to work assignments, promotions and other terms of employment.
When job assignments cross the line
Under Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act, employers cannot limit or separate workers based on race in ways that affect their job opportunities. This includes giving employees different duties because of their racial background.For example, discrimination may occur when an employer:
Gives white employees more chances to lead projects while assigning routine tasks to Black employees
Keeps Hispanic workers in entry-level roles while offering qualified workers of other races better positions
Assigns customer-facing duties to employees of one race but moves others to less visible roles
Denies employees of a certain race access to training that could help them qualify for promotions
These decisions can affect your career growth, income and chances of moving into higher positions. However, not every difference in job assignments proves discrimination. The facts must show that race played a role in the employer's decision.
What evidence may point to racial bias?
A pattern of unequal treatment may help show that an employer uses race when assigning work. For instance, comparing your duties, performance reviews and training opportunities with those of coworkers in similar positions may reveal differences that need further review.Other useful evidence may include:
Emails or messages that show race-based comments about certain job duties
Work schedules showing repeated differences in task assignments
Performance records that contradict an employer's reasons for giving certain employees better assignments
Statements from coworkers who witnessed unfair treatment
Keeping these records can help establish a clearer picture of how your employer distributes work. An employment discrimination lawyer can review these details, assess possible violations of state and federal law and explain the legal options that may apply.
Your work should reflect your skills
Your race should not determine which tasks you receive or whether you get opportunities to advance. If you work in Bonita Springs and suspect that racial bias affects your job assignments, examining the available evidence may help clarify whether your employer's actions violate your rights.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Potential limitations in a non-compete agreement]]>https://www.yormaklaw.com/?p=485442026-11-03T18:11:05Z2026-11-03T18:11:05ZNon-compete agreements are legal in Florida, and they are sometimes used by business owners. If an employee leaves, they cannot start a competing business or work for the direct competition. This incentivizes the employee to stay and ensures that they will not simply leave and take their knowledge of the industry to harm their former business.
However, even though non-compete agreements are legal, there are some potential restrictions. It is important for business owners and employees to understand what limitations may be included in the agreement.
How long does it last?
For one thing, a non-compete agreement is not going to last forever. In Florida, these agreements generally last for a limit of two years. It means that the employee cannot immediately jump to the competition, but they are not barred from working in the industry forever.
Is it a different industry?
Similarly, the business has to be direct competition to the former company, within that same industry. The employee has full discretion to work for businesses in a different industry, offering different products or services.
Is it in a different location?
Finally, even within that same industry, employees can often take jobs in different geographical locations. These companies are not seen as competition. An employee could leave a business in Florida and take a job in California, for example, or sign on with an overseas company in Germany. The agreement may simply mean that they are prohibited from working for direct competition within the same city in Florida.Disputes over the specifics of a non-compete agreement can arise. It can help the parties involved to work with an experienced attorney as they seek a legal solution.
]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Tips for recognizing fraud at work]]>https://www.yormaklaw.com/?p=485422026-10-19T16:21:51Z2026-10-19T16:21:51ZMany employees are unaware that fraud is taking place in their workplace, even though it has been happening, perhaps for a long time. That is why it is so important to know how to recognize the signs of potential fraud.
After all, employees do have rights as whistleblowers to report things like Medicare fraud, Medicaid fraud, federal grant fraud, government contract fraud and much more. But the first step is to recognize when it is happening.
Sudden financial changes
One thing to look for is when there is a sudden and unexplainable financial change. Perhaps the business has a surge in revenue at the end of the year, for example. Did they suddenly make more sales, disproportionately to the rest of the year, or did an executive engage in fraud to inflate the numbers?
Delayed financial reports
In some cases, financial reports may be delayed, perhaps because the fraud itself is being covered up. It takes time to alter the books. If financial reports are supposed to come out but are delayed by months, it could be a red flag.
No internal controls
Another issue is when there are no internal controls within the business, such as checks and balances between multiple individuals. If one person has the power to release financial reports without input from anyone else, for example, that puts them in an opportunistic position. They may be able to use that power to commit fraud and then alter the books in an effort to hide it.As an employee, if you believe fraud has been occurring at your workplace, it is crucial that you know what legal steps you can take as a whistleblower.]]>On Behalf of Yormak Employment & Disability Law<![CDATA[Potential evidence of a wrongful termination]]>https://www.yormaklaw.com/?p=484642026-10-05T20:12:18Z2026-10-05T20:12:18ZThere are many people who believe they have been wrongfully terminated from their job. But one question they often have is simply how they are going to prove it. How can they show that their rights were violated?
The reality is that it is going to be different from case to case. Wrongful termination can take many different forms, and there are different types of evidence that can support it.
Direct evidence
First and foremost, keep any voicemails, email messages, text messages or other statements from your boss that may be direct evidence that you were wrongfully terminated. Maybe your boss emailed you and specifically said that they were going to let you go because you had converted to a new religion, for example.
Violation of a contract
Wrongful termination can also happen if it violates an employment contract that you had on file. Always keep copies of all of your paperwork. Your employer may be obligated to show cause to terminate you before the contract expires.
Testimony from other witnesses
Additionally, other witnesses or coworkers may be able to testify to certain activities that took place. For instance, maybe other people in a similar protected category as you were also terminated at the same time, such as if your employer decided to conduct layoffs but actually fired all of the female workers or all workers with a certain ethnic background. If so, this pattern of behavior can be evidence of wrongdoing.Testimony from others can often be important if you were reporting illegal activity. Maybe you spoke up about sexual harassment and were wrongfully terminated in response. If others can back up your claim that the harassment was taking place, that supports your position.
Your legal options
Every case is unique, but it is important to understand what types of evidence to look for, and it can help to work closely with an experienced employment attorney.
]]>On 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.]]>