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Attorneys at Law

 

54 S.W. Boca Raton Boulevard  |  Boca Raton, FL 33432  |  info@hswlawgroup.com  |  561.810.1600

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August 8, 2018

Whether and to what extent an employee (or prospective employee) may be entitled to a reasonable accommodation under the Americans with Disability Act (“ADA”) and Family and Medical Leave Act (“FMLA”) are daunting questions for employers. The decision-making process is filled with potential landmines that may only be apparent in hindsight – when it is too late for meaningful damage control. For this reason, employers must learn, wherever possible, from the experiences – good or bad – of others.

A new Eleventh Circuit Court of Appeals opinion is a cautionary tale for both employers and employees regarding requests for leave under the FMLA and requests for reasonable accommodation under the ADA.  Such requests frequently present employers with challenges that require special consideration in making decisions which will insulate employers from potential liability.  The takeaway from the Eleventh Circuit’s recent opinion is that not every manager is well-equipped to evaluate when a leave or...

November 14, 2017

It is commonly known that trial courts applying Florida law to an employment contract containing a covenant not to compete will enter injunctive relief enforcing the covenant so long as the agreement is in writing, signed by the person to be bound, is reasonable in geographic scope and duration, and finally, is supported by a legitimate business interest. These requirements are spelled out in Florida Statute § 542.335. The statute also defines legitimate business interests, identifying a non-exhaustive list that includes 1) trade secrets, 2) valuable confidential business or professional information, 3) relationships with existing customers, patients or clients, 4) goodwill associated with an ongoing business, a specific geographic location or a specific marketing or trade area, and finally, 5) extraordinary or specialized training. Again, this is a non-exhaustive list, and the statute itself makes this clear. In defining legitimate business interests, the relevant section states that...

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September 26, 2017

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