Employment Law and Recording Conversations at Work

A common question that I am always asked is:

"Can I record a conversation at work?"

In Florida, the answer is usually "No."  Florida is a "two-party" or "all-party" consent state.  What this means is that all parties involved in the conversation have to give consent in order for the tape or video recording to be legal.

"But what if I want to prove discrimination?" is another common question.  Most likely you won't be able to prove it via a recording device.  However, there are some exceptions to the "two-party" or "all-party" consent rule.  For instance, many courts have ruled that there is a lower expectation of privacy in the workplace.  Courts have also ruled that conversations that take place in a common area, such as lobby, stairwell, or hallway are not deemed to be places where there is an expectation or privacy.

However, I would tread with caution before recording anything in the workplace without the consent of all parties.

If you have questions or concerns about your rights in the workplace, please contact Ambuter Law for your free case evaluation.

Employee Rights and Discrimination and/or Harassment in the Workplace

No one thinks that they are going to be the subject of harassment and/or discrimination – especially in the work place.  Unfortunately, it happens every day.  Here are a few things you need to do to ensure that you are protecting yourself.

      1)      Contact human resources in writing.  Many employees who are the subject of harassment or discrimination fear that they will be retaliated against if they contact human resources.  While this can happen in certain instances, you still need to contact human resources and make them aware of the harassment and/or discrimination.  Also, this needs to be done in writing, whether via email or a certified letter.

2)      Contact your company’s ethics' hotline (if there is one).  A lot of companies today have implemented what is called an “ethics' hotline.”  Many times, employees can call the ethics' hotline and report incidences of harassment and/or discrimination anonymously.  This is a great resource for employees to use if they fear retaliation.

3)      Keep a journal notating the harassment and/or discrimination.  While this may sound silly, this is a great way for employees to notate specific incidences of harassment and/or discrimination that occur on certain occasions.  If an employee has kept an accurate journal or log of events, it can be a great source to show the frequency and severity of the harassment and/or discrimination.  Just make sure that you are writing your entries down when you are off the clock.

If you are the subject of harassment and/or discrimination in the workplace, please contact Ambuter Law for your free case evaluation.

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Employee Rights and Unemployment Benefits in Florida

In order to receive unemployment compensation in Florida, you must meet the eligibility requirements.  In order to be eligible, you must meet the requirements below.

• Your past earnings must meet the required minimum thresholds;
• You must be unemployed through no fault of your own under Florida law; and
• You must be able, available, and actively seeking employment.

Also, in order to receive benefits, the State looks at your work history and earnings during a one-year "base period."  In Florida, the base period is the most earliest four out of the five complete calendar quarters prior to you filing your claim.

During the base period, your work history and earnings must meet all of the below requirements:

• You must have earned wages in at least two of the four calendar quarters that make up the base period;
• Your earnings in during the entire base period must be at least one and a half times your wages in the highest paid quarter of the base period; and
• You must have earned at least $3400 during the entire base period.

If you need help filing your unemployment claim, or fighting a denial of benefits, contact Ambuter Law.

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.