Question 1

Are non-compete agreements enforceable in Alabama and Florida?

Accepted Answer

Yes. Alabama under Ala. Code § 8-1-190 requires a protectable interest, reasonable time and geographic scope, and adequate consideration. Florida under § 542.335 is among the most enforcement-friendly states — covenants up to two years are presumed reasonable. Many off-the-shelf non-competes are over-drafted and partially unenforceable.

Question 2

I just got an EEOC charge — what do I do?

Accepted Answer

Don't panic, but don't miss the deadline. The position-statement response is due roughly 30 days from receipt; most cases are won or lost there, not in subsequent litigation. Lock down the personnel file, handbook, timeline, and comparator data before responding. Many charges resolve at mediation or no-cause finding.

Question 3

Is our employee an exempt or non-exempt employee under the FLSA?

Accepted Answer

The FLSA default is that all employees are non-exempt — overtime-eligible above 40 hours per week. White-collar exemptions each require salary-basis, salary-level, and duties tests. The duties test is where most defenses fail. Misclassification exposure includes two or three years of unpaid overtime, doubling, and FLSA fee-shifting under § 216(b).

Question 4

An employee is asking for an accommodation under the ADA — what do we have to do?

Accepted Answer

Engage in the interactive process. The ADA doesn't require every requested accommodation — it requires good-faith dialogue to identify a reasonable accommodation that lets the employee perform essential functions. Document the request, ask for medical documentation of the limitation (not the diagnosis), evaluate options, and respond in writing. Silent non-response is the common defense failure.

Question 5

We want to terminate an employee — what's the risk profile?

Accepted Answer

Both Alabama and Florida are at-will states — either side can end employment at any time for any lawful reason. Risk turns on protected-status overlap (race, sex, age 40+, disability, pregnancy, protected activity) and the documented performance record. The most effective exposure-reducer is contemporaneous performance documentation in the routine HR cadence before termination.

Question 6

I was just fired — should I sign the separation agreement?

Accepted Answer

Not without reading it carefully. Severance numbers are almost always negotiable with counsel involved. Leverage points: protected-status profile of the termination, non-compete carve-outs, equity-vesting acceleration, and reference language. The Older Workers Benefit Protection Act gives employees 40+ a mandatory 21- or 45-day consideration period and 7-day revocation window.

Question 7

We're a small employer — do we even need an employee handbook?

Accepted Answer

Yes — for policy documentation and liability limitation. A handbook records the at-will relationship, anti-harassment policy, complaint procedure, and conditions of employment that ground later termination. It also provides Faragher/Ellerth affirmative defense to hostile-work-environment claims. Title VII applies at 15+ employees, FMLA at 50+ within 75 miles.

Hiring, firing, non-competes, and discrimination

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