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Employment Law
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Excerpt from Term Paper:
Employment Law
...... In Castleberry v. Chadbourne, 810 So.2d 1028 (Fla. 1st DCA 2002), the court found that the plaintiff has an affirmative obligation to avoid or minimize damages resulting from employment discrimination (citing Fargher). Thus, if ABC can show that it had a policy in place for Jane to seek redress and she failed to do so, her claim will likely be thrown out
Finally, in Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla.1981), the Florida Supreme Court held that an employer may be held vicariously liable for acts of its employees for punitive damages if the acts of the employee are willful and wanton, and there is some basis to find fault on the part of the employer itself, independent of the employee's action. However, in Harris v. L & L Wings, Inc., 132 F.3d 978 (4th Cir.1997), a federal court determined that to sustain punitive damages, more than mere notice of the harassment must be established and that the key considerations included whether an employer responded adequately to harassment complaints, ignored its own harassment policy, moved the complaining employee to a less attractive job to avoid the harasser or utterly failed to respond to repeated complaints of
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