Diane Perez, P.A. Diane Perez, P.A. 2026-06-22T16:23:53Z https://www.dianeperezlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1605341/2025/08/cropped-fav-32x32.png On Behalf of Diane Perez, P.A. <![CDATA[Can your employer terminate you during pregnancy leave?]]> https://www.dianeperezlaw.com/?p=253507 2026-05-19T13:00:22Z 2026-05-12T17:19:32Z Pregnancy is often one of the most wonderful times in a woman’s life, but it’s also one that can mean medical appointments, possible sickness and other things that can make attending work as per your normal schedule more difficult. Once the baby is born, the woman will need to take time off to heal and may want more time off to bond with her baby.  In Florida, a woman has specific legal rights when it comes to her pregnancy. She is able to request leave under the Family and Medical Leave Act, which provides employees with up to 12 weeks of unpaid leave for medical care during the pregnancy and after the birth of the baby. In some cases,  an employee may also have paid time off or vacation time that they can use for time off. 

Discrimination and retaliation are forbidden

In the United States, it is against the law for an employer to discriminate against a woman because she is pregnant. This is based on the Pregnancy Discrimination Act, which covers pregnancy, childbirth and all related conditions.  The Pregnant Workers Fairness Act also protects women by requiring covered employers to provide reasonable accommodations for pregnancy-related conditions. Leave from work is one of the accommodations that is sometimes possible under this act.  Employers are also prohibited from retaliating against employees because they are pregnant, request reasonable accommodations or take allowed leave because of their pregnancy. This means that employees must not face any negative employment actions just because of engaging in those protected activities. 

Termination is possible in some cases

Termination of their employment is still possible in some cases, but those reasons can’t be dependent on any protected action. It’s still possible for the employer to terminate the employee if she broke company rules, but only if termination is the same consequence that anyone else would face if they broke the same rule. The termination can occur while she’s on leave, but the leave or pregnancy can’t be the reason.  If a woman believes that she was terminated because of her pregnancy or any protected reason, she should seek assistance to determine what options she has. These may depend on the reason for the termination and the manner in which it was handled. ]]> On Behalf of Diane Perez, P.A. <![CDATA[What Florida employees should know about unpaid bonuses]]> https://www.dianeperezlaw.com/?p=253501 2026-04-15T13:22:11Z 2026-04-20T18:14:15Z You hit your sales targets, met every condition your employer laid out and waited for the bonus you were promised. Then payday came, and it was not there. If your employer failed to pay a bonus or commission you earned, you may have a legal right to recover that money. Florida law generally treats earned bonuses as wages for recovery purposes and withholding them can have real consequences for the employer.

When a bonus becomes a legal obligation

Not every bonus creates a legal right to payment. The distinction depends on whether the bonus is discretionary or earned. A discretionary bonus is one your employer chooses to give without any prior commitment, such as a surprise holiday gift. An earned bonus, on the other hand, is one your employer promised in exchange for meeting specific goals, hitting a revenue target or staying with the company for a set period. Once you meet the conditions, the bonus may no longer remain optional. Your employer then owes you that compensation. The same principle applies to commissions tied to completed sales or closed deals.

You do not always need a written contract

Many employees assume they have no claim because the bonus was never put in writing. Florida recognizes many oral agreements as legally binding. If your employer promised you a bonus through a conversation, an email, a company policy or even a pattern of past payments, that promise may be enforceable. However, Florida’s Statute of Frauds typically requires a written agreement when the parties cannot perform the agreement within one year. The key is showing that both sides understood the terms. Written agreements make this easier to prove, but they are not the only path to recovery.

How Florida law protects your right to payment

Unpaid bonuses and commissions are treated as unpaid compensation under Florida law. The most common way to recover them is through a breach of contract claim, where you show that your employer agreed to pay, you met the conditions and the employer failed to follow through. Florida Statute Section 448.08 adds an important protection: if you win a civil action for unpaid wages, the court may order your employer to pay your attorney’s fees as well. It is important to timely filing your claim so acting promptly matters.

Steps to take if your bonus was not paid

Start by gathering every document that supports your claim. This includes your employment agreement, offer letter, bonus plan, pay stubs, emails discussing the bonus terms and any performance reviews showing you met the required benchmarks. If you raised the issue with your employer or human resources, keep a record of those conversations too. The stronger your paper trail, the harder it becomes for an employer to argue the bonus was never promised or never earned.]]> by Diane Perez <![CDATA[What legally qualifies as a hostile work environment in Florida?]]> https://www.dianeperezlaw.com/?p=253493 2026-03-30T10:17:05Z 2026-04-02T18:55:23Z Many people face tense moments at work. Still, some patterns of behavior go beyond normal workplace stress. If certain comments or actions now make you feel uneasy about going to work, you may wonder whether the situation has become a hostile work environment. Florida and federal law gives workers protection from unlawful harassment. The Florida Civil Rights Act and federal law both address hostile work environments. In most cases, these protections apply to employers with 15 or more employees.

When workplace behavior crosses the legal line

A hostile work environment often involves harassment tied to a protected trait. Florida courts apply standards similar to those used under federal discrimination law. The conduct must usually be severe or happen often enough to change the conditions of your job. Several factors may point to a legally hostile environment, including:
  • Harassment linked to a protected trait such as race, sex, disability, religion, national origin or age under the Florida Civil Rights Act
  • Repeated comments, jokes or conduct that go beyond a single uncomfortable moment
  • Behavior that humiliates you, intimidates you or disrupts your ability to perform your work
  • Harassment from a supervisor that the employer fails to address
  • Harassment from a coworker that the employer knew or should have known and fails to address
Courts review the full situation when they assess these claims. They consider how often the conduct occurs and how a reasonable employee would view the environment.

What employees often notice first

Many workers first notice a change in the tone of the workplace. Certain remarks may happen more often. A coworker or supervisor may begin to treat you differently.  Florida law expects employers to respond when they learn about harassment. If complaints receive little attention or lead to retaliation, the situation may grow more serious.

When workplace stress becomes a legal concern

Not every workplace conflict qualifies as a hostile work environment. Still, repeated harassment tied to protected traits may raise concerns under Florida and federal law. Understanding how these claims work can help you see the difference between normal workplace conflict and conduct that may violate employment protections. Clear guidance can also help you evaluate what steps may support your rights and your future.]]> by Diane Perez <![CDATA[Why accurate employee documentation protects your business]]> https://www.dianeperezlaw.com/?p=253484 2026-03-25T19:05:40Z 2026-03-24T09:07:44Z Workplace disputes can turn into expensive lawsuits. What often separates a quick resolution from drawn-out litigation? Documentation. For mid-size employers in South Florida, keeping clear employee records does more than organize your files. It builds a strong defense if a worker ever claims discrimination or unfair treatment.

Documentation creates a clear record of decisions

Most terminations do not happen overnight. They follow weeks or months of coaching, feedback and warnings. But without written records, proving that history becomes difficult. Courts want to see that employers acted fairly. Strong documentation shows that:
  • The company told the employee what it expected
  • Managers gave feedback when problems arose
  • Disciplinary steps followed company policy
  • The company treated similar situations the same way
Written records help you prove that business reasons drove your decisions, not unlawful motives.

Federal law requires certain records

Employers must also follow recordkeeping requirements set by federal agencies. For instance, generally, the Equal Employment Opportunity Commission requires basic personnel and employment records to be kept for at least one year, or one year from the date of an involuntary termination. If a worker files a discrimination charge, you must preserve all related records until the case fully resolves. That obligation begins the moment the charge is filed and lasts through any appeal. Payroll records must be retained for at least three years under both the Fair Labor Standards Act and the Age Discrimination in Employment Act. The ADEA requires that other records also be retained. Supplementary records like time cards and work schedules require a two-year retention period. For South Florida employers, these minimums may not be enough under Florida law. Retaining termination records for at least that long gives you documentation to work with if a claim surfaces later.

Consistent practices reduce legal exposure

Few things hurt an employer more in court than proof of inconsistent treatment. Imagine one worker gets a written warning for missing too many days. Another worker with the same problem only gets a quick conversation. That gap invites claims of bias. Protecting your business starts with training managers to follow the same steps every time. They should document each counseling session and disciplinary action. Notes should stick to the facts: dates, what happened and what the company expects going forward.

Why documentation matters before a dispute starts

Good records benefit workers too. Employees learn where they stand and what they need to improve. For the employer, a factual foundation built over time is far stronger than anything assembled after a complaint is filed. The companies that document consistently rarely find themselves scrambling to explain a decision after the fact.]]>