At Kattman & Pinaud, P.A., our experience in employment law matters is lengthy and extensive.  We have handled employment cases for decades in just about every area of employment law imaginable, and before various state and federal courts and administrative agencies.  Mr. Pinaud was also privileged to argue an employment case all the way to the United States Supreme Court on behalf on an aggrieved employee.  If you have any type of employment problem or issue, we can help you.

Aside from one’s health and family, few things in life have as much total effect on people as their employment.  Most employer-employee relationships, though not without challenges, are usually good.  However, problems and disputes in the employment setting are still frequent, and when they arise, employees need qualified and experienced representation to protect their rights.  Employment law is very complex.  Many types of disputes ultimately wind up being heard in federal court, which requires special knowledge and a lawyer permitted to practice in federal courts.  Just about any problem you can imagine can happen in or regarding the workplace.  These below, however, are by far the most common, but we can help you with any problem, even if it is not listed here:

Discrimination

Discrimination cases are some of the most controversial cases in our legal system. In most cases in Florida, an employer is not permitted to discriminate against an employee based upon his or her race, color, national origin, disability, gender, age, and religion (and some other less known bases, like marital status and political affiliation).  The employer also cannot retaliate against an employee for complaining about these types of illegal discrimination.  Suits and disputes about these matters are highly volatile, and are the subject of a tremendous amount of litigation. There are both Federal and Florida laws that prohibit discrimination and retaliation by employers, including (but definitely not limited to) the Florida Civil Rights Act, the Federal Americans with Disabilities Act (ADA), the Federal Age Discrimination in Employment Act (ADEA), and the broad and very-well known Title VII of the Federal Civil Rights of 1964.  Sexual harassment is another (and all too common) type of discrimination prohibited under some of the laws noted above.  Pregnancy discrimination is another type of discrimination that is made illegal under some of the laws stated above as well as others not mentioned.  Discrimination based upon sexual orientation is NOT illegal under Florida or Federal law.

Due to the tremendous volume of employment lawsuits and their very complicated and sometimes confusing nature, and because there are very particular time limits and prerequisites to filing these lawsuits, many lawsuits alleging discrimination in state and federal courts are dismissed by the court before they ever go to trial.  It is precisely because of the precarious nature of employment law litigation that employees must retain an experienced employment law attorney to protect their legal rights. 

If you think that you have been discriminated against illegally at work, call us right away for a free consultation about your legal rights, what you need to do next, and how we can help you!  IF YOU ARE STILL EMPLOYED, DO NOT QUIT YOUR JOB UNTIL YOU SPEAK WITH US!  It could seriously affect your ability to recover damages.

Unpaid Wages or Overtime Wages Disputes

Unfortunately, sometimes employees have problems getting their employers to pay them the wages (or commissions) that they have earned at work.  Either the employer will not (or cannot) pay at all, or there is a dispute over how much the employee is actually owed.  The latter problem is more common in the case of commissioned employees.

Florida law provides that an employee has the right to sue their employer for unpaid wages.  If your employer is not paying you the money you have earned, call us right away.  We know how hard it is to not get paid.  We will try to get your employer to pay you right away, and if that fails, we are fully prepared to file a lawsuit to get you the money that you worked for.

Another common problem with payment of wages has to do with overtime pay.  The Federal Fair Labor Standards Act sets out the circumstances under which an employee is entitled to be paid overtime, and for how much.  In the typical case, the employee is entitled to overtime pay at the rate of one and one-half times their hourly rate of pay for all hours they work in excess of 40 hours in a workweek.  Many people think that because they are paid a salary they cannot collect overtime, but that is NOT always the case, and many employers hope that the employee never discovers this.

The overtime pay law is very complicated.  Exactly what an employee does at work, how they are paid,  how much they are paid, and the industry in which they work all can affect whether they should be paid overtime pay or not.  If you think that you are not getting paid the overtime pay that you deserve, call us right away for a free consultation about your legal rights!

Family and Medical Leave Problems

The Federal Family and Medical Leave Act (FMLA) provides that employees who work for covered employers are entitled to be provided 12 weeks of leave from work due to a serious health condition, birth or a child, or certain other situations that affect them personally,  or if they need to take off from work to care for a certain family members who are dealing with such issues.  Recently, the law was changed to further provide that employees can take 12 weeks of leave to tend to certain obligations (not necessarily health issues) as a result of close family members being called to active duty in the U.S. Armed forces, and further that employees can take up to 26 weeks of leave to care for an Armed Forces member who suffers from a service-connected injury or illness.  It is illegal for an employer to deny leave that should be provided, and it is further illegal for an employer to retaliate against an employee for them taking or even attempting to take FMLA leave.

Like all employment laws, the  FMLA is complex and convoluted, and the latest changes have only made it  more so.  If you think that your employer has denied you FMLA to which you are entitled, or has fired or punished you for asking for or taking FMLA leave, call us right away for a free consultation about your legal rights!

Non-Competition / Non-Compete Agreements

Employers and employees have certain rights and obligations in regard to non-competition or non-compete agreements (they mean the same thing). Litigation and liability under these agreements, which is almost commonplace, arises when an employer or an employee fails to understand what their obligations and rights are under the law. At Kattman & Pinaud, P.A, we advise and represent clients in regard to the drafting, review, negotiation, and litigation of all matters related to non-compete agreements.

Before you try to assert rights under a non-compete agreement, or before you ignore a contractual obligation you believe doesn't apply to you, or before you just accept your employer’s opinion that the non-compete is enforceable, or -best of all - before you even sign a non-compete agreement in the first place, call us for a free consultation!

In any dispute related to a non-compete agreement (or a non-compete clause that is part of another agreement), the most important issue is enforceability. Are the terms contained in a contract reasonable? Do they impose an undue burden on an employee that impedes his or her ability to rightfully earn a living? Avoiding legal problems in regard to non-compete agreements begins with understanding what sorts of restrictions a contract can reasonably impose on an employee.  In general, the following components of a non-compete agreement will determine if it is enforceable or not:

• Geographical restriction: Is the geographical limitation contained in the contract too broad? Does it create an undue burden on the employee for finding other employment where he or she currently lives or works?
• Job Restrictions: Are the kind of employment restrictions exclusive to working for current competitors or recruiting from current client lists? Or, do the job restrictions mentioned include companies and functions that are not linked to competitors?
• Length of Non-Compete Agreement: Does the duration of a contract provide reasonable protection for an employer's short-term business interests? Or is it meant to remain in effect beyond the time period needed to adjust to the loss of a particular employee?
• Restrictions on Investment Opportunities in a Competitor: Does a non-compete agreement place unnecessary restrictions on the ability of an employee to invest in a competitor?
• Function or Status of Employee: Does the employee serve an essential function within the company? Do his or her job responsibilities warrant a non-compete? 

In addition to enforceability issues, compensation for signing a non-compete can also create problems for employers and employees. Typically, if the non-compete is not included in a written employment contract, and the employee is not asked to sign a non-compete upon starting a job, he or she should receive due consideration if asked to do so later. This means an employee should be offered some sort of salary or benefits incentive in exchange for signing a non-compete. If due consideration is not offered, an employer may have a harder time convincing a judge the terms of the non-compete should be enforced.

Avoiding liability in matters related to non-compete agreements begins with understanding the issue of enforceability and how the court has typically chosen to treat non-competes. At our firm we understand the issues involved and the changing contours of employment law that continue to impact decisions in these matters.

If you have a problem with a non-compete agreement, or of you are asked to sign one, and especially if your employer is suing or threatening to sue you based upon one, call us right way for a free consultation to understand and enforce your legal rights!

Employment Contracts - Review, Negotiation and Suits to Enforce

Employment contracts are only as good as the terms and conditions contained in them. If they are unenforceable or include terms that are unreasonable, it's unlikely they will hold up in court.

At the law firm of Kattman & Pinaud, P.A., we work closely with employees in drafting and reviewing employment contracts. We review terms covering benefits, pay, term of employment, nature of employment, severance pay, executive compensation, confidentiality requirements, non-compete covenants, and other issues. As your lawyer, we will identify potential legal problems surrounding various contract terms and conditions, alerting you to steps you can take to protect yourself and your rights.

If you have an employment contract in place and have a dispute with your employer, we can help you negotiate the dispute and, if necessary, we can file a lawsuit on your behalf to recover the monies or rights you deserve, or if you are being sued, we can help you defend your rights.

If you have any issue with, or if you need,  any type of employment contract, call us for a free consultation about what we can do to protect your interests!

Separation Agreements

Whether an employee has an employment contract with their employer or not, there may come a time when their employment ends that their employer wants to pay them some additional money, usually as a few or even many weeks of future salary, in exchange for the employee signing a severance agreement.  Sometimes, it is a good idea for the employee to accept these offers.  However, many times it is not.  In EVERY severance agreement, the employer will want the employee to sign away their rights to sue the employer for just about anything that the employer might have ever done wrong to the employee, including discrimination, leave violations, unpaid wages, etc.  Furthermore, in many such agreements, an employee may give up rights to seek certain other employment or make other promises that are designed to help the employer after the employee has left their employment.

At Kattman & Pinaud, P.A., we have helped hundreds of people review and understand these agreements when presented to them, and we have advised them whether the agreements were actually in their best interests or not.  Furthermore, where the agreements are in the employees’ best interests, we have helped many obtain more compensation than initially offerred by the employer in exchange for the employee signing the agreement.

If you are asked to sign a severance agreement, before you do, call us first!  Our initial consultations are always free, and we can help you make the descision that is truly in your best interests.

Union Issues

At Kattman & Pinaud, P.A., our whole practice originally started with our representation of labor unions and their members, and we remember well and are thankful for where and how we started.  We have represented over the past 38 years too many labor unions to list, and today we represent some of the largest and well-know labor unions in Jacksonville, and we represent and have represented individual members of dozens of labor unions for every type of legal need imaginable.

If you -or your union-have any type of union legal need, from organization to contract drafting to arbitrations to unfair labor practice charges to everything else, no matter the nature of the problem or where you work (Federal, state or private sector), we can help you.  Call us today for a free consultation!  Ask your union steward, business manager or president - they have probably worked with us or heard about us already!

Special Issues for Federal Sector Employees

At Kattman & Pinaud, P.A., we have extensive experience representing Federal employees with issues and disputes with their employers.  We have handled numerous cases before the Merit Systems Protection Board, the EEOC, and the Office of the Inspector General as well as other Federal agencies, and we can help you with internal issues with you command or Agency management personnell.  If you have any type of employment issue with your federal employer, call us first for a free consultation.  We understand how things work for you.

Everything Else!

It is just not possible to list every type of employment problem you might have, and the list above is absolutely not all we can do for you.  No matter what your problem at work or with your employer might be, call us first!  Almost certainly, we have handled it, do handle it, and will handle it.  Let us help you!