ARBITRATION: AN AGREEMENT TO ARBITRATE FUTURE DISPUTES IN ANOTHER JURISDICTION IS VOIDABLE UNDER THE FLORIDA ARBITRATION CODE (FAC) BUT NOT UNDER THE FEDERAL ARBITRATION ACT (FAA): AN EMPLOYMENT AGREEMENT BETWEEN A FLORIDA RESIDENT AND A NONRESIDENT CORPORATION IMPLICATES INTERSTATE COMMERCE AND IS GOVERNED BY THE FAA: ARBITRATION OF A WORKER’S COMPENSATION RETALIATORY DISCHARGE CLAIM DOES NOT VIOLATE THE PUBLIC POLICY: EMPLOYER DID NOT WAIVE ITS RIGHT TO ARBITRATE WORKER’S COMPENSATION RETALIATORY DISCHARGE CLAIM BY FAILING TO DEMAND ARBITRATION OF WORKER’S COMPENSATION CLAIM: THREAT TO FIRE PLAINTIFF IF HE DID NOT SIGN EMPLOYMENT CONTRACT WAS INSUFFICIENT TO CONSTITUTE DURESS: AGREEMENT TO ARBITRATE WORKER’S COMPENSATION RETALIATORY DISCHARGE CLAIM WAS NOT SUBSTANTIVELY UNCONSCIONABLE: AS A RESULT, IT WAS UNNECESSARY TO CONSIDER ISSUE OF PROCEDURAL UNCONSCIONABILITY

AMS Staff Leasing, Inc. v. Taylor,  ___ So. 3d ___, 40 Fla. L. Weekly D575 (Fla. 4th DCA March 4, 2015) 

On January 7, 2015, the court issued its original opinion, which was summarized in this blog. On March 4, 2015, the court issued a revised opinion, but the court’s holding and reasoning remained the same. As a result, … Click To Read Full Case Law Review...

LABOR LAW: EMPLOYMENT DISCRIMINATION: GENDER DISCRIMINATION: CIVIL PROCEDURE: RES JUDICATA: RES JUDICATA BARRED ACTION FOR GENDER DISCRIMINATION BECAUSE PLAINTIFF FAILED TO RAISE GENDER DISCRIMINATION AS A DEFENSE DURING ADMINSTRATIVE PROCEEDINGS TO CONTEST HIS DISCHARGE

Gaberlavage v. Miami-Dade County, ___ So. 3d ___, 40 Fla. L. Weekly D505 (Fla. 3d DCA February 25, 2015)

When the Corrections Department terminated the plaintiff for “insubordination and incompetence in the transportation of a convicted police killer,” he filed an administrative appeal. “[T]wo female sergeants in the Corrections Department[] received suspensions rather than termination of employment when inmates under … Click To Read Full Case Law Review...

LABOR LAW: FLORIDA CIVIL RIGHTS ACT (FCRA): EMPLOYMENT DISCRIMINATION: EXHAUSTION OF ADMINISTRATIVE REMEDIES: COURT AFFIRMS DISMISSAL OF ASSISTANT WARDEN’S CLAIM FOR EMPLOYMENT DISCRIMINATION AGAINST DEPARTMENT OF CORRECTIONS (DOC) BASED UPON FAILURE TIMELY TO EXHAUST ADMINISTRATIVE REMEDIES: EQUITABLE TOLLING: MERE POSSIBILITY OF SELF INCRIMINATION DURING ADMINISTRATIVE CLAIM PROCESS DID NOT RESULT IN EQUITABLE TOLLING OF DEADLINE: EQUITABLE ESTOPPEL: DOC WAS NOT EQUITABLY ESTOPPED TO ASSERT UNTIMELINESS OF ADMINISTRATIVE CLAIM BECAUSE PLAINTIFF DID NOT ALLEGE THAT DOC ENGAGED IN ACTIVE DECEPTION OR MISCONDUCT THAT PREVENTED HIM FROM FILING TIMELY ADMINISTRATIVE COMPLAINT

Williams v. Department of Corrections, ___ So. 3d ___, 40 Fla. L. Weekly D270 (Fla. 5th DCA January 23, 2015)

The plaintiff, a former assistant warden at a State prison, alleged that his race was a factor in the Department of Corrections’ (DOC) decision to accuse him of official misconduct and to terminate his employment. The trial court dismissed … Click To Read Full Case Law Review...

EMPLOYMENT LAW: WHISTLE BLOWERS: ARBITRATION: CONTRACTS: INCORPORATION BY REFERENCE: EMPLOYMENT AGREEMENT DID NOT CONTAIN A VALID AGREEMENT TO ARBITRATE BECAUSE IT FAILED TO SPECIFY THE PROCEDURES BY WHICH ARBITRATION WAS TO BE EFFECTED: EMPLOYMENT AGREEMENT DID NOT INCORPORATE BY REFERENCE SEPARATE DOCUMENT THAT DID SPECIFY PROCEDURES FOR EFFECTING ARBITRATION BECAUSE SEPARATE AGREEMENT WAS NOT SUFFICIENTLY DESCRIBED IN, OR ATTACHED TO, THE EMPLOYMENT AGREEMENT, AND NO LOCATION WAS GIVEN WHERE SEPARATE AGREEMENT COULD BE FOUND: PROVIDING A TELEPHONE NUMBER FOR MAKING INQUIRIES WAS INSUFFICIENT

Spicer v. Tenet Florida Physician Services, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D2208 (Fla. 4th DCA October 22, 2014)

When the plaintiff sued her employer for violating the Florida Whistleblower Act, the trial court granted her employer’s motion to compel arbitration, but the appellate court reversed.  Although the employment agreement provided that arbitration of disputes between … Click To Read Full Case Law Review...

LABOR LAW: EMPLOYMENT DISCRIMINATION: DISABILITY DISCRIMINATION: GENDER DISCRIMINATION: ARBITRATION: FEDERAL ARBITRATION ACT (FAA) APPLIES TO AN EMPLOYMENT CONTRACT BETWEEN A FLORIDA RESIDENT AND A FOREIGN CORPORATION BECAUSE IT INVOLVES INTERSTATE COMMERCE: UNDER ALABAMA LAW, AT WILL EMPLOYMENT PROVIDES SUFFICIENT CONSIDERATION FOR AN ARBITRATION AGREEMENT: LIMITATION ON PUNITIVE DAMAGES SHOULD HAVE BEEN SEVERED FROM EMPLOYMENT AGREEMENT IN ORDER TO SALVAGE ARBITRATION: LAW REVIEW AND NEW YORK TIMES ARTICLES PROVIDED ONLY SPECULATIVE EVIDENCE THAT THE COST OF ARBITRATION WAS PROHIBITIVELY EXPENSIVE  

Pilot Catastrophe Services, Inc. v. Fouche, ___ So. 3d ___, 39 Fla. L. Weekly D1315 (Fla. 5th DCA June 20, 2014)

The appellate court reversed an order denying the employer’s motion to compel arbitration of its employee’s claims for disability and gender discrimination under the Americans with Disabilities Act, The Florida Civil Rights Act, and the Civil Rights Act … Click To Read Full Case Law Review...