Bailey and Potter, CPA

    We Work For the Employee

Email: info@job-rights.com

Telephone: 904-296-2328
Fax: 904-296-2341

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Contact Us

 

Our office hours are from 8:30 a.m. to 5:30 p.m. Monday through Friday. After hours or on weekends or holidays you may leave a voice mail message for any of our staff or attorneys by calling (904) 396-2322.

Our fee arrangement for services depends on the case and cannot be determined until your situation is reviewed by the attorney. Although we do charge a fee for the initial consultation, our fee for this service is less than our usual and customary hourly rate. Currently, the fee charged for the initial consultation is between $85 and $125 per half hour, depending on the attorney.  Many of our cases can be accepted on a contingent fee basis so that no fee is paid unless there is a recovery.


sexual and other harassment...

Sexual Harassment and Other Prohibited Forms of Harassment.

The law of sexual harassment is very complex in part as a result of a number of Supreme Court decisions involving the liability of employers in these cases. Generally speaking, pursuant to the Supreme Court decision in Faragher v. City of Boca Raton, an employers with written policies prohibiting sexual harassment are not liable for any sexual harassment that occurs unless a complaint is made bringing the harassment to the employer’s attention, and the employer fails to take prompt remedial action. Although the Faragher defense is frequently asserted in one form or another in sexual harassment cases, this defense may not apply in every case. For example, in cases where the company owner is aware of or responsible for the harassment or in cases where the employer does not have a policy prohibiting harassment, the Faragher defense would not apply. Of course, in those cases where the employer fails to take prompt remedial action after the sexual harassment is reported, the Faragher defense would also be inapplicable. The principles applicable to sexual harassment cases are also equally applicable to other cases involving illegal forms of harassment. Harassment due to any discriminatory motive is prohibited by law. Thus, harassment on the basis of age, race, sex, religion, national origin, pregnancy, marital status or disability are prohibited by law and are subject to the same principles that apply in sexual harassment cases.

In the first Supreme Court decision involving sexual harassment, Meritor Savings Bank, FSB v. Vinson, the court held that in order to be legally actionable, the harassment must be sufficiently severe or pervasive. In other words, minor acts or conduct occurring on just one occasion may not be sufficiently severe or pervasive to be legally actionable. In general, for all harassment claims whether sexual harassment or harassment due to other discriminatory reasons must be first filed with the Equal Employment Opportunity Commission or Florida Commission on Human Relations assuming the employee is employed in the state of Florida. (This does not apply to federal employees). If outside the state of Florida, the complaint must be submitted to the EEOC or the state or local fair employment practices agency. After the complaint is investigated by the EEOC or appropriate state agency, the employee is generally free to pursue a lawsuit.

The sexual harassment lawyers at The Law Offices of Archibald J. Thomas, III, P.A. are experienced in handling sexual harassment and other harassment cases and can provide representation, answer any questions and otherwise provide guidance in this very complex area of the law. Please contact us if you have questions or if you are in need of legal representation.


Our employment law attorneys represent employees throughout Florida and south and central Georgia, including the cities of: Orlando, Daytona Beach, Melbourne, Titusville, Naples, Ft. Meyers, Tampa, St. Petersburg, Clearwater, Sarasota, Gainesville, Jacksonville, Orange Park, St. Augustine, Port St. Lucie, Ft. Lauderdale, West Palm Beach, Tallahassee, Lake City, Ocala, Pensacola, Atlanta, Brunswick, Savannah, and Kings Bay. Our employment lawyers also represent employees in the following counties: Duval County, St. Johns County, Alachua County, Clay County, Nassau County, Orange County, Hillsborough County, Pinellas County, Marion County, Volusia County, Brevard County, Polk County, Broward County, Fulton County, DeKalb County, Camden County, Chatham County and Glynn County. Whether you need a Florida overtime lawyer, Florida wrongful termination attorney, Florida discrimination lawyer or a Jacksonville retaliation case lawyer, we can help.

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