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Jay P. Lechner

Jay P. Lechner

Florida Bar Board Certified Labor & Employment Attorney
  • Employment Law, Business Law, White Collar Crime
  • Florida, Middle District of Florida, Northern District of Florida, Southern District of Florida
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Biography

Mr. Lechner is a Florida Bar board certified labor and employment lawyer with years experience representing both employees and employers in all aspects of employment law matters. He was recently selected 2020 Lawyer of the Year, Employment Law - Mgmt., St Petersburg (US News & World Report).

Mr. Lechner’s expert speciality extends to all employment disputes, including wrongful termination, sexual harassment, discrimination including but not limited to age, race, gender, national origin, overtime and wage/hour payment issues, retaliation and whistleblower claims, as well as restrictive covenants, unfair business practices, related state tort and contract issues and other types of employment litigation.

Before attending law school, Mr. Lechner spent several years in management and served as a volunteer firefighter.

Call him for your free consultation today!

Education
University of Florida Levin College of Law
J.D. (2001) | Law
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with honors
University of Florida Levin College of Law Logo
Rutgers University - Camden
Graduate studies (1997) | American History (United States)
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Rutgers University - Camden Logo
University of Florida
B.A. (1991) | Political Science and Government
University of Florida Logo
Professional Experience
Founding Attorney
Lechner Law
- Current
Adjunct Instructor
University of South Florida
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Executive Council - Labor and Employment Law Section
The Florida Bar
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Founder & Chair - Statewide Labor & Employment Group
Whittel & Melton, LLC
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Jackson Lewis P.C.
Partner
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Attorney/Shareholder
Greenberg Traurig, LLPGreenberg Traurig, LLP
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Associate
Zinober & McCrea, PA
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Publications
Articles & Publications
Fair Labor Standards Act Treatise
Bloomberg
Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002 (Editor/Co-Author) American Bar Association Section of Labor & Employment Law, Committee on Federal Labor Standards Legislation
Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002
Sarbanes-Oxley Criminal Whistleblower Provisions & the Workplace: More than just Securities Fraud
Florida Bar Journal
Corporate Misdeeds & Their Impact Upon Enforceability of Employment Indemnification Agreements
The Florida Bar Journal
ADA 'Threat to Self' Defense - Let the Doctors Decide
Hillsborough County Bar Association - Lawyer
The 1999 Amendments to the Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators' Treatment and Care Act: A Dangerous Example of Reactionary Legislation
University of Florida Journal of Law & Public Policy
Speaking Engagements
Adjunct Instructor - Employment Law, Tampa, Florida
University of South Florida
Adjunct Instructor - Employment Law, MCOB School of Information Systems & Management
Certifications
Board Certified Labor and Employment Attorney
The Florida Bar
Awards
Best Lawyers
U.S. News and World Report
Best Lawyers (2013 - 2022)
Lawyer of the Year - Employment Law, Management (Tampa Bay)
Best Lawyers
Lawyer of the Year (2013 - 2020)
Super Lawyer
Super Lawyers Publication
Selected To Super Lawyers: 2014 - 2019 5+ years
Volunteer of the Year
Florida Bar Labor & Employment Section
Rising Star
Super Lawyers Publication
Selected To Rising Stars: 2009 - 2011
Legal Elite
Florida Trend Magazine
Professional Associations
American Bar Association,Labor and Employment Law Section, Federal Labor Standards Legislation Committee
Member
- Current
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Florida Bar, Labor & Employment Section
Member
- Current
Activities: Executive Council, 2013 present; Publications Committee, Chair (2013 - 2019)
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Hillsborough County Bar Association, Labor and Employment Law Section
Member
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Florida Bar, Judicial Independence Committee
Member
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Tampa Bay American Inn of Court
Member
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Florida Bar Journal Editorial Board
Chair
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Jurisdictions Admitted to Practice
Florida
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Middle District of Florida
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Northern District of Florida
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Southern District of Florida
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11th Circuit Court of Appeals
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Fees
  • Free Consultation
  • Contingent Fees
Practice Areas
Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
White Collar Crime
Additional Practice Area
  • Labor & Employment
Languages
  • English: Spoken, Written
Legal Answers
Q. Do I have a legal recourse for being fired from my job while I was on leave? I was with my father while he was in ICU.
A: First, if the company honestly fired you based on "a finding that you were harassing other employees," then you have no case. Second, if the company's reason for termination is false and you were really fired for your complaints of harassment, the next questions would be "was the harassment based on a statutorily protected characteristic" (such as race, gender, disability, etc.) and was it "severe or pervasive enough to alter a term or condition of employment." With respect to your medical leave question, you need to be employed at least one year to be covered under FMLA.
Q. Is there any legal standing in florida as an employee to mandate masks worn at my desk and cubical when people enter it.
A: As an at will employee, you can't force other employees to wear masks but you have the legal right to voluntarily terminate your employment to remove yourself from your undesirable situation.

Alternatively, if you feel the company policy is unfair and adversely affecting the terms and conditions of your and your co-workers employment, you have the legal right to engage in concerted activity under Section 7 of the NLRA, meaning you can discuss these concerns with your coworkers; organize meetings to discuss forming a union with your co-workers; distribute union literature and discuss union matters in non-work areas during non-work times; sign a card asking your employer to recognize and bargain with your union; file grievances with the NLRB related to your working conditions; and ask other employees to support the union, to sign union cards, or to file grievance, after which, if a union is elected, the union can collectively bargain to improve the undesirable working conditions. ... Read More
Q. I work for a store in south Florida. My company is a large clothing retailer. Before the Supreme Court OSHA decision,
A: Under Fla. Stat. § 381.00317, a private employer may not impose a vaccine mandate unless the employees are allowed to opt out on the basis of 5 separate reasons:

- Medical reasons (including pregnancy & anticipated future pregnancy)

- Religious reasons (including moral or ethical belief)

- COVID19 immunity

- Periodic testing

- The use of employer-provided PPE.

To invoke any of the exemptions, you must submit to your employer a specific form available from the Florida Department of Health website. Any company that does not provide these exemptions or terminates your employment for submitting an exemption form violates the law and may be subject to substantial fines.

To obtain the proper forms, go to the Department of Health website http://www.floridahealth.gov/. ... Read More
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Websites & Blogs
Website
Lechner Law
Contact & Map
Lechner Law
201 E. Kennedy Blvd.
Suite 412
Tampa, FL 33602
Telephone: (813) 388-2662
Monday: Open 24 hours
Tuesday: Open 24 hours (Today)
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Closed