People are often surprised to learn that there are no laws that require employers to be reasonable, polite, or even fair in their decisions regarding hiring, firing, promotions, demotions, discipline, and job duties.  Employers can legally make employment decisions for good reasons, bad reasons, or even for no reason at all.  For example an employer could announce that “everyone with brown shoes on” would be terminated at the end of the day and then do just that without risk of violating any employment laws.  Of course, such an odd circumstance might make the local news, but if the employer’s true reason for making the decision was truly based on shoe color, then it would not violate the law.

A different result might be forthcoming, however, if the employees that were fired took notice of the fact that they were all white males, were all over the age of 60, or were all disabled in some fashion.  If so, then the employer may have violated one or more of the various Florida and federal laws that protect against workplace discrimination.  Such laws prohibit, among other things, discrimination in employment decisions based upon race, national origin, color, sex, disability, religion, age or marital status.

If you feel that you have suffered an act of workplace discrimination, then you are likely best suited to speak to a qualified Orlando employment law attorney as soon as is practicable.  It should be noted that most discrimination claims cannot proceed immediately to court.  Typically, the employee has to first file a complaint (termed a “charge of discrimination”) with either the federal government (the Equal Employment Opportunity Commission or “EEOC”) or the Florida government (the Florida Commission on Human Relations or “FCHR”) and allow the government an opportunity to investigate their discrimination issues.

Once a charge of discrimination is filed, the government will send a copy of the charge to the employer and will typically offer to set up a mediation (informal settlement conference) wherein an impartial person tries to assist the parties resolve their dispute prior to the government investigation.  If, however, the dispute cannot be resolved through mediation or mediation does not occur, then the government will conduct an investigation as to the alleged discrimination.  At the end of the investigation, the government will notify the employee as to its findings and will provide the employee with instructions on how to seek available remedies under the law.  Such remedies could include either an administrative hearing or a civil action in a court of law.

Of course, as with any legal claim, time is of the essence as the law limits the time that you have to file.  Generally speaking, charges of discrimination in Florida must be filed no later than 365 days from the alleged discriminatory act.  The employment attorneys at Bogin, Munns, & Munns, P.A. have handled many such claims from the initial filing all the way through to federal trial and even appellate claims.  The firm employs several experienced employment attorneys that are available for consultations and assistance at any stage of employment law proceedings.

– Joseph Shoemaker, Esq., is an attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Shoemaker works out of the Leesburg office of the firm and welcomes questions and comments regarding the above and can be reached at jshoemaker@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

If you are considering filing for divorce in Florida then you have probably been filled with lots of information from your friends, family members and acquaintances.  The purpose of this article is to provide general information regarding divorce to the general public.  It is by no means intended to comprehensively cover the subject.  It is merely being offered as a general source of information to address only the issues of divorce specifically addressed within it.

Because divorce or “Dissolution of Marriage” as it is technically referred to in Florida Courts is so prolific, there are many misconceptions and much confusion related to this area of the law.  This is largely because divorce is such an emotional, stressful and highly charged affair. As a result, the events surrounding it become shared with others and this leads people to believe that the results of one person’s divorce might or should be similar to someone else’s.  Nothing could be further from the truth.

Divorce is highly fact intensive and the only person with whom someone should consult with regarding a potential divorce is an attorney licensed by the Florida Bar with extensive experience in Family Law.  Only such an attorney can provide an individual with the advice and expertise that is necessary relative to seeking a divorce.  One of the most important things to remember with regard to filing for divorce in Florida is that Florida is a “no fault” divorce state.  This means that either spouse can file for divorce if that spouse can prove that the marriage is “irretrievably broken.”  The reasons for the marriage being irretrievably broken can range from infidelity or to the fact that one of the spouses simply isn’t in love with the other spouse anymore.  Regardless, from an evidentiary standpoint, proving that a marriage is irretrievably broken is not difficult.

Divorce in Florida has been largely codified within Florida Statutes Chapter 61.  Chapter 61 delineates the factors to be considered within the context of the major components of divorce.  These components or “areas” are:  equitable distribution; time-sharing with any minor children (formerly called custody); child support of any minor children; alimony (when applicable); enforcement of orders or judgments previously entered by the court as well as other areas.  These areas will be more fully explored in future articles by this author.

Divorce is consistently ranked by many sources as the second most stressful life event (after the death of a child or spouse) that could happen in one’s life.  It cannot be overstated enough that it is extremely important that one have a strong support system (family, counseling, clergy, friends, etc.) when dealing with divorce.  However, what is most tragic is the effect that divorce can have on children.

It is extremely important that regardless of what is sought by either party within a divorce proceeding, that the best interests of the children be put first.  Parents must quickly realize and accept that although they may not be married to each other; they will always be the parents of their children.   Courts in Florida severely frown upon parental alienation including disparaging the other parent in front of a minor child or not allowing a parent contact with a minor child.  In fact, alienating a child from a parent is so serious that it can lead to limiting the alienating spouse’s contact with a child.  Divorcing spouses with children must learn to co-parent effectively and with the best interests of the children in mind. This will ensure that the least amount of harm will be inflicted upon the minor children.  Learning how to co-parent during and after a divorce is an acquired skill and it is wise to seek counseling services and the advice of qualified professionals experienced with helping children and families of divorce.

In conclusion, divorce is a confusing, nebulous concept to individuals who have not had the benefit of consulting with an attorney licensed by the Florida Bar experienced in family law.  It is important to take the “high road” when going through a divorce as it will best allow one to get past it with dignity and with less stress and hurt feelings.  Most importantly, if one has minor children, it is paramount to consider the children’s needs first and to make the children’s well-being the primary consideration at the inception of any divorce proceeding.

– William Rosenfelt, Esq., is an Orlando family law attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at wrosenfelt@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

Orlando employers are increasingly attempting to classify workers as independent contractors.  The upside for the employer is substantial in terms of avoiding payroll taxes, worker’s compensation insurance, minimum wages, overtime wages, and, even, compliance with anti-discrimination laws which apply to employees and applicants for employment and not to independent contractors of the employer.

The upside to the worker of an independent contractor arrangement (i.e., the illusory promise of higher wages unencumbered by payroll taxes) is often outweighed by the downside to this arrangement.  The worker will still be required to pay income tax on wages earned in an independent contractor scenario.  Furthermore, the worker may have to retain an accountant or CPA to keep track of receipts and complete their personal and “business” tax returns at the end of the fiscal year.  These are costs that are not readily apparent to the worker.

Furthermore, the downside to an independent contractor arrangement could entail diminished social security returns in the future, unpaid medical bills resulting from workplace injury not covered by medical or worker’s compensation insurance, lower wages for longer hours worked, and, even, exposure to discriminatory treatment or harassment.  These downsides are often unforeseen by the worker.  Therefore, the law applies two (2) tests to examine whether a worker was misclassified as an independent contractor.

The first test (i.e., the economic realities test) is applied to minimum wage, overtime, and Family Medical Leave Act situations.  The factors considered under the economic realities test are: (1) the employer’s degree of control over the worker’s job functions (i.e., the higher the degree of the employer’s control over the worker, then the more likely that the worker is, in fact, an employee); (2) the worker’s opportunity for profit or loss (i.e., if the worker is required to exclusively work for the employer or per the employer’s terms of pay, then the more likely that the worker is, in fact, an employee); (3) the relative investments of the employer vis-à-vis the worker (i.e., if the employer has invested more time and money into the enterprise than the worker, then it is more likely than not that the worker is, in fact, an employee); (4) the degree of skill and initiative required to perform the worker’s job (i.e., if the work requires average or below average skill or training, then it is more likely that the worker is, in fact, an employee); (5) the permanency of the relationship (i.e., if the worker is working for a specific period of time or completing a specific project (e.g., installing new plumbing for the employer) rather than working on an at-will basis, then the worker is more likely an independent contractor); and (6) the nature of the worker’s services to the employer’s business (i.e., to use the plumbing example again, if the employer’s business is a law firm, then the person retained to install the new plumbing is not likely to be construed as an employee of the business).

The second test used to determine whether a worker is an employee is the common law test.  The common law test has eight (8) factors which we will explore in part two of this article.  So, stayed tuned.  In the meantime, should you have any questions regarding your current arrangement, feel free to contact one of the employment attorneys at Bogin, Munns & Munns, P.A. to coordinate a consultation.

– Daniel Perez, Esq., is an attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Perez works out of the Melbourne office of the firm and welcomes questions and comments regarding the above and can be reached at dperez@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

Hospital liens: A hospital lien grants the hospital, providing medical care and treatment to the injured person, a lien right (right of reimbursement) in the injured person’s proceeds from a settlement or judgment.  Though there is no statewide uniform hospital lien law, the lien laws exist on a county-by-county basis by virtue of special acts and local ordinances.  Most county lien laws require that a lien be recorded with the local court within 10 days of the discharge from the hospital to be valid.

What does a hospital lien mean to your personal injury case?  You or your attorney must satisfy the lien from any settlement.  Some laws automatically allow a reduction for your one third attorney’s fee or the applicable percentage of the attorney fee.  Also, if the patient (or patient’s attorney) and the hospital agree to an amount to settle the hospital bill which is less than the full amount charged, then the lien is extinguished because the underlying debt is resolved.  While the lien law is a serious matter, it applies only to settlements or verdicts, and it cannot attach to any other property unless the collectable amount is pursued in litigation and a judgment is obtained against you.  Some clients worry that it automatically means, for example, their home can be at stake.  This is not the impact of an initial hospital lien, which is routinely filed by hospitals after nearly every automobile accident when you receive treatment at a hospital.

The last important point to understand about a hospital lien is that it can take priority over an injured party’s right to apply for PIP benefits to their claim for lost wages or funeral expenses.  This is something your attorney can explain to you in detail if you are concerned about these issues, and be assured that in many cases the lien is satisfied by your no-fault benefits (PIP) by 80% and many balances are adjusted after the payment is applied.  If you receive this onerous looking letter in the mail after your accident, simply notify your attorney and be assured it is a rather routine matter normally amicably resolved.

Health insurance, Medicare, or Medicaid liens: Most private health insurers and all Medicare and Medicaid providers have a right to reimbursement from any proceeds from a personal injury settlement or verdict.  You may receive a notification of this right if you receive treatment due to the liability of another person and have a right to recovery for your injuries.  Even if you do not receive this notice, you have an obligation to satisfy the amounts paid by any of the above referenced providers, unless the policy provisions of your private health insurance indicates otherwise.  Even if you are not represented by an attorney, you must consider these amounts paid for you as amounts you actually owe in the case of an insurance settlement for your injury.  These laws and medical charges can be complex and difficult to negotiate.  For this reason alone, it is always wise to consult legal counsel in the case of personal injury. 

Pam Olsen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Olsen works out of the Ocala office of the firm and welcomes questions and comments regarding the above and can be reached at polsen@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

While most know that a promissory note and a mortgage are the two essential documents of a real estate loan, some don’t know the differences between them.  The note is evidence of indebtedness and a promise to repay the loan.  The mortgage is a pledge of security for the debt, usually specific realty.  If a borrower fails to meet its obligations to pay back the loan under the promissory note, the lender may exercise its remedies established in the mortgage to foreclose on the property that is the subject of the mortgage.

Be sure to understand the specific terms of the note, such as the loan amount, interest rate, maturity date, and repayment and prepayment provisions.  Additional noteworthy clauses in the note or mortgage include: due on sale, prohibition against junior financing, option to call or recast, and default.

– Spencer R. Munns, Esq., is a shareholder with the law firm of Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at smunns@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.