Jay P. Lechner Esq.

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!

University of Florida Levin College of Law

J.D. | Law

2001

with honors

University of Florida

B.A.

1990

Founding Attorney

Lechner Law

Current

Fair Labor Standards Act Treatise

Bloomberg

January 1, 2019

Board Certified, Labor & Employment

The Florida Bar

2009

Lawyer of the Year, Employment Law - Management

Best Lawyers

2020

Saint Petersburg, FL

Super Lawyer

Super Lawyers Publication

2019

Selected To Super Lawyers: 2014 - 2019 5+ years

Volunteer of the Year

Florida Bar Labor & Employment Section

2018

Rising Star

Super Lawyers Publication

2011

Selected To Rising Stars: 2009 - 2011

Legal Elite

Florida Trend Magazine

American Bar Association

Member

Current

Hillsborough County Bar Association

Member

Current

Florida Bar Labor & Employment Section

Executive Council Member

2013 - Current

Florida Bar Journal Editorial Board

Chair

2003 - 2004

Florida

Since 2001

Middle District of Florida

Northern District of Florida

Southern District of Florida

11th Circuit Court of Appeals

• Free Consultation
• Contingent Fees

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

Civil Rights

Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law

• Labor & Employment

Q. Is there any action one can take against a boss putting employees in unnecessary danger?

23 October 2020

A: One option, as correctly noted by the previous poster, would be to quit. Of course, then you are suffering the full brunt of your boss's callous actions, losing your income and possibly the ability to support your family, even though you did nothing wrong. Another option would be to discuss the issue with your coworkers and, if they agree, present your collective concerns to management. You have now engaged in protected concerted activity under Section 7 of the National Labor Relations Act. If the company retaliates against you, they violate Section 8(a)(1j of the NLRA. If the company continues to disregard your concerns, you may then submit a petition signed by at least 30% of your coworkers to your local NLRB office demading an election for recognition of a union. If the workers prevail in the election, the company will be required to collectively bargain in good faith about wages, hours, and other mandatory subjects, at which point the issue of health and safety policies with respect to COVID19 can be raised. Of course, if your employee had simply cared about its employees in the first place and not recklessly endangered the health and safety of you and you coworkers, this process would not be necessary.

Q. If a worker is fired for asking employer to follow CDC guidelines for COVID-19 is there a case?

22 October 2020

A: Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to protest the alleged failure to enforce COVID-related guidelines that was adversely affecting their safety or other terms or conditions of their employment, she may be protected under Section 7 of the NLRA.

Q. Is it illegal to fire someone for taking a political survey the company offered, and them not liking the my answers?

22 October 2020

A: The previous response is correct (albeit unnecessarily politically-tainted) that Florida does not recognize a civil cause of action in this scenario. However, Florida Statute § 104.081 makes it a felony for an employer "to discharge or threaten to discharge any employee in his or her service for voting or not voting in any election, state, county, or municipal, for any candidate or measure submitted to a vote of the people." You may want to report it to the Florida Department of Law Enforcement.