Jay P. Lechner

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!

• Labor & Employment

• Free Consultation
• Contingent Fees

Florida

Since 2001

Middle District of Florida

Northern District of Florida

Southern District of Florida

11th Circuit Court of Appeals

Founding Attorney

Lechner Law

2019 - Current

Adjunct Instructor

University of South Florida

2021 - 2022

Executive Council - Labor and Employment Law Section

The Florida Bar

2013 - 2021

Founder & Chair - Statewide Labor & Employment Group

Whittel & Melton, LLC

2015 - 2019

Jackson Lewis P.C.

Partner

2013 - 2015

Attorney/Shareholder

Greenberg Traurig, LLPGreenberg Traurig, LLP

2007 - 2013

Associate

Zinober & McCrea, PA

2001 - 2007

University of Florida Levin College of Law

J.D. (2001) | Law

1998 - 2001

with honors

Rutgers University - Camden

Graduate studies (1997) | American History (United States)

1996 - 1997

University of Florida

B.A. (1991) | Political Science and Government

Best Lawyers

U.S. News and World Report

2022

Best Lawyers (2013 - 2022)

Lawyer of the Year - Employment Law, Management (Tampa Bay)

Best Lawyers

2020

Lawyer of the Year (2013 - 2020)

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

American Bar Association,Labor and Employment Law Section, Federal Labor Standards Legislation Committee

Member

2001 - Current

Florida Bar, Labor & Employment Section

Member

2001 - Current

Activities: Executive Council, 2013 present; Publications Committee, Chair (2013 - 2019)

Hillsborough County Bar Association, Labor and Employment Law Section

Member

2001 - 2017

Florida Bar, Judicial Independence Committee

Member

2009 - 2011

Tampa Bay American Inn of Court

Member

2001 - 2007

Fair Labor Standards Act Treatise

Bloomberg

January 1, 2019

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

January 1, 2012

Sarbanes-Oxley Criminal Whistleblower Provisions & the Workplace: More than just Securities Fraud

Florida Bar Journal

June 1, 2006

Corporate Misdeeds & Their Impact Upon Enforceability of Employment Indemnification Agreements

The Florida Bar Journal

May 1, 2003

ADA 'Threat to Self' Defense - Let the Doctors Decide

Hillsborough County Bar Association - Lawyer

January 1, 2002

Adjunct Instructor - Employment Law, Tampa, Florida

2021

University of South Florida

Adjunct Instructor - Employment Law, MCOB School of Information Systems & Management

Board Certified Labor and Employment Attorney

The Florida Bar

2009

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.

August 23, 2022

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.

January 24, 2022

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,

January 20, 2022

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