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Jay P. Lechner Esq.

Jay P. Lechner Esq.

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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Summary

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!

Practice Areas
  • Employment Law
  • Business Law
  • White Collar Crime
  • Civil Rights
Additional Practice Area
  • Labor & Employment
Fees
  • Free Consultation
  • Contingent Fees
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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Languages
  • English: Spoken, Written
Professional Experience
Founding Attorney
Lechner Law
Current
Education
University of Florida Levin College of Law
J.D. | Law
with honors
University of Florida Levin College of Law Logo
University of Florida
B.A.
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Awards
Lawyer of the Year, Employment Law - Management
Best Lawyers
Saint Petersburg, FL
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
Best Lawyers
U.S. News and World Report
Professional Associations
American Bar Association
Member
Current
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Hillsborough County Bar Association
Member
Current
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Florida Bar Labor & Employment Section
Executive Council Member
- Current
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Florida Bar Journal Editorial Board
Chair
-
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Publications
Articles & Publications
Fair Labor Standards Act Treatise
Bloomberg
Certifications
Board Certified, Labor & Employment
The Florida Bar
Websites & Blogs
Website
Lechner Law
Legal Answers
21 Questions Answered

Q. Is there any action one can take against a boss putting employees in unnecessary danger?
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?
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?
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.
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Contact & Map
Lechner Law
201 E. Kennedy Blvd.
Suite 412
Tampa, FL 33602
Telephone: (813) 842-7071
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Closed