Florida Appeals, Employment, Business & Criminal Law Firm

Donna Eng, P.A.

601 Heritage Drive, #430
Jupiter, Florida 33458
USA

(561) 318-1535

(561) 655-5353

englawpa.com

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Law Firm Overview

Donna Eng, P.A., is located in at 601 Heritage Drive, Jupiter, Florida, 33458. The law firm was founded to provide its clients with trial and appellate legal services in state and federal courts. The law firm is dedicated to providing superior client service with the highest level of professional integrity. The firm focuses on criminal appeals, civil appeals, employment & labor law, business law and criminal defense. The law firm serves all of South Florida including Palm Beach County, Martin County, St. Lucie County, Broward County and Miami-Dade County.

Year this Office was Established: 2011

Practice Areas

Practice Areas Description

- Appellate Practice

Donna Eng, P.A., represents clients before both State and Federal appellate courts of Florida in civil and criminal matters. Appellate attorneys must possess the highest level of analytical skill, including the ability to review voluminous records, identify the relevant issues, and determine the strength and viability of any appeal. Strong research and writing skills must be complemented by equally strong and effective oral arguments before the appellate tribunals. Ms. Eng has appeared in State and Federal appellate courts, including Florida’s Fourth District Court of Appeals, the Supreme Court of Florida, and the United States Court of Appeals for the Eleventh Circuit.

- Contract and Business Law

Commercial and contractual disputes may arise in any number of situations. For example, disputes between an employer and employee or between business partners may involve allegations of theft or improper use of confidential business information, improper solicitation of clients, or breaches of employment contracts or operating agreements. Disputes between business competitors may involve allegations of breach of contract, unfair competition, or trademark or copyright infringement. Donna Eng, P.A., is able to assist businesses and individuals with any number of commercial and contract matters in the State and Federal Courts of Florida.

- Employment & Labor Law

Florida is an “at-will” State, meaning that generally, in the absence of an employment contract, employees can be terminated from their position for any reason at any time. However, in “at-will” situations, employees can also choose to end their employment at any time. Employees who have been terminated from “at-will” positions may be entitled to claim unemployment benefits. Given the number of employers and employees in the marketplace today, chances are fairly good that either an employer or an employee will, during their years of employment, encounter at least one labor and employment issue which may require the assistance of an attorney. Common labor and employment issues include:

*Age Discrimination

The Age Discrimination in Employment Act (“ADA”) generally prohibits covered employers from discriminating against employees who are 40 years of age or older. An employee or job applicant who is at least 40 years of age may have a claim for age discrimination where the employee or applicant suffers any of the following: Being demoted, terminated, denied a promotion, or forced to retire; Being excluded from opportunities related to hiring, promotion, or payment increases; Having compensation or benefits reduced; Being denied a position of employment, where the prospective employer hires an applicant who lacks comparable experience or education; and, Employer retaliation after a lodging a complaint with the employer’s Human Resources department.

*Defense and Prosecution of Employment Lawsuits

Employers may need representation before the courts, government agencies, or arbitration panels. Donna Eng, P.A., can assist employers by drafting and filing position statements with the Equal Employment Opportunity Commission (“EEOC”) or the Florida Commission on Human Relations (“FCHR”), enforcing the terms of non-compete agreements, seeking relief for the misappropriation of trade secret or commercially sensitive business information, prosecuting unfair competition claims, or defending against claims of employment discrimination, unlawful termination, or wage and hour violations.

Employees may likewise need representation before the courts, government agencies, or arbitration panels. Donna Eng, P.A., can assist employees in the filing and processing of complaints with the proper State and/or Federal agencies, prosecuting any claims of discrimination, unlawful termination, or wage and hour violations in State or Federal court, and defending against claims of violations of non-compete and/or non-disclosure agreements.

*Disability Discrimination

Disabled Floridians who are terminated from their positions of employment may seek relief under Florida’s Civil Rights Act of 1992, or the Federal Americans with Disabilities Act (“ADA”). Both statutes make it unlawful for an employer to terminate an employee, or otherwise discriminate against that employee with respect to compensation, terms, conditions, or privileges of employment because of the employee’s disability. The ADA also requires covered employers to make reasonable accommodations for qualified disabled applicants or employees so long as the accommodation does not impose an undue hardship on the operation of the business. The Florida Civil Rights Act is to be interpreted in conformity with the ADA and the Federal Rehabilitation Act.

*Employee Rights

Given the number of years that most people work in their lifetimes, employees may occasionally need the assistance of a labor and employment attorney. Several State and Federal agencies are available to help investigate and resolve employee claims of discrimination or employee retaliation, including the Florida Commission on Human Relations (“FCHR”) and the Equal Employment Opportunity Commission (“EEOC”).

In addition, a large number of Federal and Florida laws are designed to protect employees from various issues which may arise in the workplace. Such laws include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), the Fair Labor Standards Act (“FLSA”), the Pregnancy Discrimination Act, and the Florida Civil Rights Act of 1992. Employees may wish to consult with a labor and employment attorney if they experience any of the following: Unlawful or wrongful termination; Discrimination based on race, gender, nationality, marital status, disability, religion, pregnancy, or age; Minimum wage violations; Harassment; and, Employer retaliation.

*Employment Handbooks

Employees and employers can both benefit by having an employment handbook present at the place of employment. Employees will have a clear picture of what is expected of them, and employers feel confident that all company policies have been communicated to all employees. Donna Eng, P.A., can draft and review handbooks and company policies to ensure compliance with all applicable laws governing discrimination claims, sexual harassment claims, wage and hour claims, drug testing, FMLA, leaves of absence, and other personnel matters which may be unique to the employer.

*Fair Labor Standards Act

Employees who are not paid the minimum wage may bring a civil suit to enforce his or her rights under the Fair Labor Standards Act (“FLSA”). Employees may also choose to file a Fair Labor Standard Act claim where an employer engages in other behavior which violates the Act, such as: Paying employees less than the minimum wage for any portion of the time worked, or for time worked in excess of 40 hours per week; Requiring employees to perform job duties during breaks, before clocking in, or after clocking out; Denying employees break or meal times; Automatically clocking employees out for meal times or breaks, whether the employees take them or not; Making deductions from paychecks, causing employee pay rates to fall below the minimum wage; and, Failing to compensate employees for all time spent on all required job duties.

*Harassment

Harassment is generally defined as any unwelcome severe or pervasive verbal, visual, or physical conduct that creates a hostile work environment. Examples of harassment may include racial slurs, name calling, offensive jokes, insults, the display of offensive pictures or items, bullying behavior, and acts of intimidation. A single instance of harassment may not be enough to substantiate a claim. Rather, a clear pattern of continuing harassment must be shown. Employees who experience harassment may wish to keep notes of occurrences, and to lodge complaints with their employers. Because employers are expected to take steps to prevent harassment from occurring, once a complaint is lodged, employers should investigate the complaint and take reasonable steps to stop the alleged harassing behavior. Employees may file claims of harassment with either the EEOC or the Florida Commission on Human Relations.

*Medical Leave

Generally, FMLA leave is taken for the following: The birth of a child, whether the employee is the mother or father; The placement of a child with the employee for adoption or foster care; To care for a spouse, child, or parent, who has a serious health condition; To provide caregiver or exigency help to a spouse, son, daughter, or parent who is a member of the military; and, To care for the employee’s own serious health condition, if the employee is unable to perform the functions of the job. The statutes governing medical leave can be complex. Donna Eng, P.A., is able to assist both employers and employees with questions regarding medical leave. More information about the FMLA can be found at the website for the United States Department of Labor, and at the Department of Labor’s Wage and Hour Division.

*Non-compete Agreements

Employers who have trained their employees by providing them with commercially sensitive business information have a legitimate need to protect their own interests in the event the employee leaves. As a result, non-compete agreements can be a valuable tool for employers. A reasonable non-compete agreement protects the employer’s interests without unduly restricting the former employee’s ability to work elsewhere.

*Non-disclosure Agreements

If an employee breaches a non-disclosure agreement, the employer may consider various legal options, such as a motion for injunctive relief, an action for breach of contract, a request for damages, and a motion for attorney’s fees. Donna Eng, P.A., is able to assist employers with drafting or enforcing any non-disclosure agreements. Donna Eng, P.A., is also able to assist employees by reviewing any non-disclosure covenants that may be presented along with offers of employment, or by defending against claims of violations of a non-disclosure agreement.

*Pregnancy Discrimination

Employees may have a claim for pregnancy discrimination where they experience any of the following employer actions: Being transferred, demoted, harassed or fired after the employer learns the employee is pregnant; Being denied the same health insurance coverage or other benefits that non-pregnant employees enjoy; Being told that a leave of absence must be taken, even though the employee can still perform the essential functions of the job; and, Not being hired after being interviewed and asked about childbearing plans at the interview.

*Retaliation & Whistleblower Laws

The Florida Civil Rights Act of 1992, Florida’s Whistle-blower’s Act, and the Federal Civil Rights Act of 1964 prohibit employers from retaliating against employees who take various actions, including: Reporting unlawful behavior or other violations by the employer; Refusing to participate in the unlawful behavior; Filing a Federal or State discrimination claim; Filing a Fair Labor Standards Act claim; Filing a complaint with OSHA; Cooperating with authorities in any investigation of the employer; Filing a claim for unemployment or worker’s compensation benefits; and, Joining a union, or participating in union activities.

*Sex Race & Religious Discrimination

If an employee or job applicant experiences any of the following, he or she may have a basis for filing a discrimination claim: • Being paid less, or being provided with fewer benefits than co-workers of a different race, religion, gender, national origin, marital status, or sexual orientation;

•Being terminated for purportedly violating a company policy, even though the employee adequately performed his or her job duties, and other co-workers of a different race, religion, gender, national origin, marital status, or sexual orientation engaged in the same or similar conduct but were not terminated;

•Receiving fewer promotions than co-workers of a different race, religion, gender, national origin, marital status, or sexual orientation, despite having similar experience and qualifications;

•Being notified by a prospective employer that hiring preferences are given to individuals of a particular race, religion, gender, national origin, marital status, or sexual orientation, despite the fact that such characteristics are not a bona fide qualification for the position.

*Unfair Competition and Trade Secrets

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), found at Florida Statute sec. 501.201 et. seq., was enacted to provide protection to consumers and legitimate businesses from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of trade or commerce. Florida’s Uniform Trade Secrets Act (“FUTSA”), found at Florida Statute sec. 688.002, provides a cause of action and damages for misappropriation of trade secrets. In addition, Florida common law provides a basis for claims of unfair competition where it is shown that a competitor engages in fraudulent or deceptive conduct, and creates a likelihood of consumer confusion. Donna Eng, P.A., can assist employers and employees in the prosecution and defense of such claims.

*Unpaid Overtime and Minimum Wage

Employees who are not paid the minimum wage may bring a civil suit to enforce his or her rights under the Fair Labor Standards Act (“FLSA”). Employees may also choose to file a Fair Labor Standard Act claim where an employer engages in other behavior which violates the Act, such as: Paying employees less than the minimum wage for any portion of the time worked, or for time worked in excess of 40 hours per week; Requiring employees to perform job duties during breaks, before clocking in, or after clocking out; Denying employees break or meal times; Automatically clocking employees out for meal times or breaks, whether the employees take them or not; Making deductions from paychecks, causing employee pay rates to fall below the minimum wage; and, Failing to compensate employees for all time spent on all required job duties.