Unemployed? Here's an Employment Lawyer's Opinion on What to Do

     Just because you're unemployed, whether you're a fresh graduate or a professional, doesn't mean you should sit sedentary.  Below is a list of things you should be doing if you're unemployed.

1) Raise The Red Flag.  The solution to any problem is acknowledging that there is a problem.  If you have interviews lined by but aren't getting the jobs, step back and look at what the main issue may be.

2) Create Your Story.  Most people don't tell prospective employers a personal story.  Tell a prospective employer who you are and what you can bring to the job you are interviewing for.  Tell the employer what makes you = you.  Find a way to bridge your accomplishments into a set of skills that you can tell a prospective employer.

3.  Understand The Job Market.  Make sure to apply to an array of jobs.  What should matter to you is the work you're doing, not just the title.  Also, if you're able to, look at jobs that are in different geographical areas.  Some markets are doing better than others, and the ability to relocate may be appealing to employers.

4.  Build A Routine.  Just because you're unemployed doesn't mean you should sit in bed all day or not have a normal routine.  Make sure to implement a routine rich with activities that will keep you productive and efficient.

5.  Do Things You Love.  If you are passionate about volunteering, campaigning, or fundraising, make sure to stay involved even though you may not be working.  When you do what you love, it doesn't seem like work.

6.  Network.  Identify contacts in your field and reach out for advice.  Don't ask for a job, but consult with them how to handle multiple situations.  While they may not be able to offer you a job, they may know someone who can.

7.  Polish Your Skills.  Just because you're unemployed doesn't mean you shouldn't always be honing your skills.  Make sure to do participate in activities where you are using your skill set and knowledge on a daily or weekly basis.

8.  Freelancing.  Freelancing is a great option for those who are unemployed.  It gives you the ability to take on a project you may be passionate about, while still making some income while looking for full time work.

9.  Don't Give Up.  Just because it may be tough market, doesn't mean you should throw in the towel and give up.  Keep applying for jobs that interest you and keep honing your skills.  Your hard efforts will pay off.


If you are unemployed and seeking legal counsel, please contact Ambuter Law for your free case evaluation.

Employment Law and At-Will Employment

What is employment-at-will?  At-will employment is defined as employment where an employer can terminate an employe at any time for any reason, except an illegal one, or for no reason without fear or incurring any liability.  The same works for the employee.  An employee is free to end his/her employment for any reason without fear of incurring any liability or adverse legal action.  Also, under at-will employment, an employer is free to change the terms of employment, such as wages or job responsibilities, with no notice and no consequences.

At-will employment can be modified by an employment contract.  A contract may provide for a specific term of employment, or specify that employment may be terminated only for cause.

Many states also have common law exceptions to at-will employment.  Those exceptions include public policy, implied contract, and implied covenant of good faith.  However, these exceptions do not apply in Florida.

For more information on at-will employment, please click here.

If you have any questions regarding at-will employment or your rights in the worplace, please contact Ambuter Law for your free case evaluation.

Employment Law and Blogging about the Workplace

With all of the social media outlets, it's bound that some frustrated employees may blog about their workplace.  However, you need to be careful if you're thinking of posting your feelings about your workplace on the internet.  If you live in an employment at-will state, your employer can terminate you for your posts, even if the posts are written after work hours.  Also, if living in an employment at-will state, your employer can terminate you for things that they deem inappropriate, i.e. inappropriate non-work related posts or pictures.  So, what's the solution to this?  Don't post about your work on the web, and use discretion when posting non-related work comments or pictures.

Are there any protections an employee may have against their employer taking action against them for internet posts?  Maybe.

1) If your internet post contains workplace complaints relating to FMLA, discrimination, a hostile work environment, wage and hour violations, you may be protected from your employer taking disciplinary action against you.

2) An employee who raises concerns about illegal activities or safety concerns at work be pay protected as a whistle blower. 

Also, some states now are enacting laws preventing employers from terminating employees based on their after-hour internet posts.

If you have a question or concern in regard to your rights in the workplace, contact Ambuter Law for your free case evaluation.

An Employment Lawyer's Advice: Be Honest

Want less drama in your life?  Be honest when you're asked to be honest.  Unfortunately, not every client is as upfront and honest as they should be with their attorney.  They may think that if their attorney knows the truth behind a situation, that their attorney may think less of them or judge them.  Or they may think that their attorney may never find out the truth.  However, the truth usually comes out in one form or another, and it's usually better if it comes from the client first rather than from a third party or opposing counsel.

Also, by not telling the truth, the client is actually limiting or affecting the path that their attorney would take in representing them.  So while the client may think that he is helping the situation or protecting himself, he in fact could actually be hurting himself.

So why do I write this?  To inform individuals about the benefits of being honest with your attorney.  It may be embarrassing or intimidating to disclose the full truth of a situation to your attorney, but you and your attorney will be much happier that you did.

Ambuter Law focuses on representing employees in employment law matters.  If you have a question in regard to your employment rights, contact Ambuter Law for your free case evaluation.

The Employment Lawyer Opinion: What Job Seekers Should Keep in Mind for 2015

If you're currently seeking new employment, there are a few things you should be focusing on in the new year when seeking out potential job positions.

1) Don't apply for jobs that you do not have the qualifications for.  It's a waste of your time, and you could be focusing on applying for jobs that you are qualified for.

2) Make sure to network.  Whether it's attending functions at your child's school, or attending business networking events, it's a good idea to keep networking while on the job hunt.  Also, learn to possibly use social networking tools to help network (i.e. LinkedIn) if you aren't doing so already.

3) Make sure to update your resume and seek out others for advice.  Also practice interviewing and accept constructive criticism on things that you may need to improve upon.

4) Make sure to dedicate time to actually searching for jobs.  Seeking out employment is a full-time job, so treat it as such and make sure to prioritize it above fun activities, such as watching television.  While job searching, make sure to seek out resources that could help you.  Don't waste time using resources that aren't turning into job leads.  And make sure never to give up your search, even when you're discouraged.

5) Make sure that while seeking out a new job, that you do take time to enjoy your surroundings.  While searching for a job should take priority over certain activities, you still need to make sure to allocate time for family, friends, and some fun.  Also, make sure to keep busy even during your free time by volunteering or exercising.  Both are good stress relievers and will make you feel like you have achieved something.

6) Lastly, don't pigeon hole yourself into a specific career path while searching for a new job. This could be the time where you find a new career that you're qualified for that you never would have thought of.

This post was written by Ambuter Law.  Ambuter Law is an employment law firm focused on representing employees in employment disputes throughout the state of Florida.

New Employment Law Ruling could Affect You

On December 4, 2014, the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who requested FMLA, who had been told "that [her] pregnancy was affecting [her] effectiveness" at work, and who had complained to the Ethics Hotline about the comments and actions taken against her.

The case is Torres-Skair v. Medco Health Solutions, Inc.  In this case, the employee claimed that she was discriminated against due to her pregnancy, and that she was retaliated against after making complaints about the discrimination.  However, the employer was able to overcome the employee's claims of discrimination based on pregnancy, as well as her retaliation claim. The Eleventh Circuit ruled that "deficient job performance remains a non-discriminatory basis on which employers may make employment decisions, so long as performance standards are applied in equally."

In this case, the employee was unable to show an unequal application, which negated her claim of discrimination. The employee's claims that she was unfairly placed on administrative leave and then terminated did not persuade the Court.  The employer was able to offer three valid and non-discriminatory reasons for its actions against the employee, which precluded the employee's claim of pretext.  The Court also supported its conclusion that that there was no pretext "by relying on the employer's good faith belief and not on the employee's perception."

The Court also rejected the employee's retaliation claim, stating that the employee's contention that there was a causal connection between her complaints and adverse action was nothing more than "mere speculation" and far too indirect to be actionable.

If you have a question regarding your employment rights, contact Ambuter Law for your free case evaluation.

Employer's Hosting a Company Holiday Party? Do's and Don'ts You Should Follow...

     That's right.  It's back.  The office holiday party.  Here are a few things you need to remember when attending your company's holiday party.

Show up.  If you're invited to your company's holiday party, you should go.  It's an opportunity for you to meet people, and make a good impression on your boss and co-workers.

Dress code.  If there's a dress code, stick to it.  Your company's holiday party is not the time to be showing up in your tiny dress or wearing inappropriate clothing.

Stay sober.  Getting drunk at your company's holiday party is a big no-no.  It's best to set a guideline before attending the party and sticking to it.  Now is not the time to party like you did back in college.

Be engaged.  Don't act like you don't want to be at the party.  Talk to those around you.  Don't stand in the corner and text or play around on your phone.  Start conversations with friends and new people.

Say thanks.  Don't forget to say thanks when leaving the party.  Whether it's hosted by your company or a co-worker, a thank you goes a long way.