Employment Litigation in Central Florida
If you’re an employee who has experienced unjust treatment at work, you may be wondering if you have a case for employment litigation. Employment litigation is the process of taking legal action against an employer for workplace discrimination, harassment, or other illegal practices. If you think you’ve been the victim of workplace misconduct, read on to learn more about employment litigation and how we can help you get the justice and compensation you deserve.
Get Tailor-Made Legal Assistance from a Central Florida Employment Litigation Attorney
At éclat Law, we understand that these cases can be complex, so we take the time to get to know each of our clients. Our attorneys will provide personalized legal representation and work with you to determine the best strategy for your case. Whether you work for a large corporation or a small business, we level the playing field for you through our knowledge, skill, and experience in employment law. We believe that every question or concern, no matter how small, is worth a quick and clear response, and we’ve designed a cost-effective, strategic approach to make you feel at ease about the legal choices we present and the course you choose to follow.
We Help Clients with a Variety of Employment Litigation Matters
éclat Law is here to fight for you when it comes to employment-related issues. We don’t hesitate to stand up and challenge employers that have wronged their employees. Our attorneys are here for cases related, but not limited, to the following:
Wage, Hour, and Overtime Violations
The Fair Labor Standards Act (FLSA) was implemented in 1938 to ensure wage protection for workers in the United States. This federal law regulates wage, hour, and overtime provisions and sets the minimum wage for both private and public sectors. It also protects workers’ rights when it comes to compensation; overtime, hours of work, and wage violations are not allowed. These wage violations encompass a failure to pay workers the minimum wage or overtime pay they deserve after working more than 40 hours in one week. The FLSA also requires employers to keep accurate notes of all employee wages, hours of work, and other statistics related to labor practices. In cases where a wage dispute arises between an employer and employee, we offer our services to represent employees in employment litigation matters regarding wage, hour, and overtime violations guaranteed by the FLSA.
At-will employment in the state of Florida, much like other states across the nation, allows an employer to fire an employee for almost any reason. This type of working relationship does not have a substantial set of rules or laws regarding the terms, benefits, and expectations of employers and employees in their working arrangements. Workers in the state of Florida need to be aware that they may lose their job on a whim. However, there is a specific set of guidelines that protect a person from being fired in violation of state or federal laws. You may be able to bring forward a wrongful termination case if you were fired under any of the following circumstances:
- Discrimination: An employer cannot terminate you to discriminate against your age, race, gender, cultural ethnicity, sexual orientation, religion, disability status, marital status, veteran status, or pregnancy. For example, you cannot be fired simply for being under 30 years old.
- Breach of Contract: Wrongful termination can also occur if an employer breaches the terms of a contract. This could involve firing an employee before their contractual period ends or not providing the agreed-upon compensation for the duration of the contract.
- Retaliation: It is unlawful for an employer to end your employment as retaliation for your participation in legally protected activities. The list of protected activities includes the following, and is not exhaustive:
reporting illegal conduct occurring at your workplace or refusing to participate in it
- making a worker’s compensation claim
- making a report under the FLSA about wage, hour, or overtime violations
- testifying against your employer in court, if subpoenaed
- reporting forms of discrimination occurring at your workplace or supporting a coworker’s claims
- joining a union
- taking disability, family, bereavement, or medical leave
- filing a report about unsafe facilities or working conditions
In addition to being wrongfully terminated, you may experience other forms of retaliation that are illegal. These could include harassment, relocating you to an undesirable location, reducing your pay, micro-managing your work, or giving you negative performance reviews. If you engage in any of the legally protected behaviors listed above, like joining a union or making a worker’s compensation claim, and your employer takes any adverse action against you as a direct result of your engagement, then you may be able to bring a retaliation case against them.
Under Title VII of the Civil Rights Act of 1964, it is illegal for employers with more than 15 employees to engage in forms of discrimination in the workplace based on age, race, cultural ethnicity, gender, sexual orientation, religion, disability status, marital status, veteran status, or pregnancy. For example, if you are pregnant, an employer cannot refuse to hire you, refuse to make medical accommodations for you, or fire you solely for the condition of your pregnancy. If you believe that you’ve been facing religious discrimination, age discrimination, racial discrimination, or any of the above, then you should file a report with the Equal Employment Opportunity Commission (EEOC) and speak with an attorney about your case.
Sexual harassment involves any unwelcome and unwanted verbal, visual, or physical behavior of a sexual nature. This could include sexual jokes, suggestive looks or comments, requests for sexual favors, unwelcome touching, or even sexual assault. These behaviors create hostile work environments where you are put in uncomfortable situations and made to feel like you cannot do your job effectively. If you have been the target of sexual harassment, it’s important to document any incidents, notify your supervisor or human resources department, and seek legal assistance as soon as possible.
Failure to Provide Leave of Absence
Under the Family Medical Leave Act (FMLA), employers must provide 12 weeks of unpaid leave per year for the medical or family reasons listed below:
- the birth and care of your newborn child
- the placement of an adopted child into your care
- to care for your spouse, child, or parent if they have a serious medical condition
- a medical condition that interferes with your ability to perform the essential functions of your job
- any qualifying exigency resulting from active-duty military service performed by an immediate family member
FMLA also requires an employer to provide military caregiver leave: up to 26 weeks of unpaid leave per year to care for a current or former military service member with a serious medical condition if they are your immediate family member or next of kin. Additionally, in the state of Florida, if you or someone in your family or household is a victim of domestic violence and you need to make arrangements to protect yourself, your employer must allow you to take up to three days of leave per year for you to do so. You may be entitled to additional leave based on your employee handbook, however, if you are denied a leave of absence for any of these reasons, reach out to an experienced Florida employment litigation attorney for legal assistance as soon as possible.
Salaried Worker Violations
The most common salaried worker violations are those in which exempt employees, who are exempt from overtime pay and minimum wage laws, are not paid the wages they are owed. Under Florida law, exempt workers must be paid a salary that is at least $684 each week (mainly those in administrative or executive positions). If you are an exempt employee making less than that, or if you are a salaried non-exempt employee being forced to work overtime without proper compensation, then contact us today. Our employment litigation lawyers won’t let your employer get away with not paying you fairly.
Shift Work Violations
Shift work violations often take place when employers fail to pay overtime wages or shift differentials (the additional payment made for working nights or weekends). Employers must also compensate pre- and post-shift work like opening or closing duties that you complete outside of your scheduled shift, provide meal and rest breaks during long shifts, and adhere to certain safety regulations. These types of violations are particularly unjust because they can leave workers feeling cheated out of their hard-earned wages. At éclat Law, we are prepared to help you with these and other shift work violations.
Employment Contracts and Severance Agreements
If you have recently been offered an employment contract or severance agreement, it’s important to have a legal professional review it before you sign, as these documents often contain complex and confusing legal details. Our experienced attorneys can guide you through any contract, making sure that you comprehend its contents. Allow us to provide assurance both in understanding what is being asked of you as well as gaining a clear picture of all potential benefits given up when signing. We are ready to advise you and prepared to fight on your side, should your employer breach any contractual agreements.
Don’t Let Your Employer Take Advantage of You — Contact Us Today for a Free Consultation
Are you an employee facing workplace discrimination or employment law violations? At éclat Law, we understand how challenging it can be to face these issues alone. That’s why we are committed to defending workers in Central Florida and beyond whose rights have been violated by their employers. We have experience handling a wide range of cases related to labor law, including wage, hour, and overtime pay violations; discrimination; wrongful termination; sexual harassment and much more. With us on your side, you can take action confidently knowing that you’re supported every step of the way. Our dedicated attorneys will advocate for your legal rights fiercely throughout the entire process so that your employer is held accountable for their unlawful actions. You don’t have to go through it alone — our team is here to provide exceptional legal representation and fight for the compensation that’s rightfully yours. Call us at 407-636-7004 or contact us online for a free and confidential consultation — get professional legal assistance from an experienced lawyer in Central Florida today!