A miami employment lawyer can represent you if you are being treated unfairly or are not being paid the wages that you deserve. These lawyers have experience in this field of law, and they know more about the broad range of situations that can arise in the workplace.
Florida has laws that make it illegal for an employer to discriminate against you on the basis of your age, gender, religion, race, national origin, sexual orientation, or disability. You can file a claim with the Florida Commission on Human Relations (FCHR) or with the Equal Employment Opportunity Commission (EEOC).
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Discrimination
Discrimination in the workplace is a serious problem that can have negative consequences on an employee’s performance and health. It’s not acceptable to discriminate against a person because of his or her race, age, religion, sexual orientation, disability, national origin, or any other characteristic that is protected by state and federal law.
Discrimination against employees can be both direct and indirect. For example, a policy that requires applicants to be clean shaven puts members of some religious groups at a disadvantage. Or a company may prohibit an employee from working overnight shifts after he or she has children.
It’s also illegal to discriminate against someone because of a conviction record or an inability to perform certain jobs because of a prior conviction. Regardless of what type of discrimination you’re facing, it’s important to seek legal advice from a miami employment lawyer as soon as possible to determine whether or not you have a valid case.
The laws governing discrimination in the workplace include Title VII, the ADA, and the ADEA. These laws prohibit employers from discriminating against employees or job applicants based on their race, color, gender, religion, marital status, national origin, age (40 or older), disability, and genetic information.
Under the ADA, employers must provide reasonable accommodations to employees or job applicants with disabilities, including the ability to take leave for medical reasons and the opportunity to work flexible hours when necessary. This is especially important for employees who are pregnant and plan to return to work after their childbirth.
If you have experienced discrimination in the workplace, contact our office as soon as possible to schedule a free consultation with an experienced attorney. We will be able to explain your rights and the steps you should take to pursue justice.
You can file a complaint against your employer using either the state department of labor or the EEOC. It’s a good idea to have both the name and address of the person who you believe is being discriminated against as well as any witnesses that you can identify.
Harassment
If you’ve been the victim of harassment in the workplace, it is important to get help from an employment lawyer. Harassment can range from physical to verbal or even online. There are laws that protect employees against different types of discrimination, and an experienced Miami workplace harassment attorney can help you determine if your case is legitimate.
The definition of harassment may vary slightly from state to state, but it generally consists of unwanted or unwelcome behavior that makes a person feel uncomfortable or intimidated. It can include sexist or homophobic conduct, sexual advances, stalking, or threats of violence or other criminal activity.
Sex-based harassment is one of the most common forms of workplace harassment. This type of harassment can happen to anyone, but it is especially common for women and men of color. It can take place on a construction site, in a salon, or in other types of businesses.
Another form of workplace harassment is quid pro quo harassment, which occurs when a harasser requires that a victim accept sexual favors in exchange for job benefits like pay raises or promotions. This type of workplace harassment can be a violation of Florida and federal law, and it is best to contact an Miami employment lawyer right away if you are experiencing this kind of harassment.
Depending on the specifics of your claim, you could be entitled to compensation. For example, if you were fired due to sexual harassment, you may be eligible for unemployment compensation.
Digital harassment is an increasingly common form of workplace harassment. This can include comments about a person’s sexual orientation or other personal information posted on social media, or it can involve creating an online persona to bully someone or making false allegations.
The best way to avoid retaliation is by reporting any harassing or inappropriate behavior to your managers and HR. If you are not satisfied with the company’s response, then you should speak to an experienced Miami employment lawyer as soon as possible.
Workplace harassment is one of the most serious issues facing employees today, and it can be hard to know how to handle it. According to Garvin, there are several behaviors you should avoid to help prevent harassment in the future.
Retaliation
In Florida, employees are protected against retaliation for a number of reasons. For example, an employer can’t terminate an employee for filing a complaint with the Equal Employment Opportunity Commission or reporting illegal activity at work.
Another way to be protected against retaliation is to make an objection to discriminatory practices or policies, such as those based on race, gender, disability, age, or other characteristics. A Miami employment lawyer can help you if you believe that your rights have been violated by an employer in this regard.
Under federal law, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act prohibit employers from discriminating against employees on the basis of their age or disabilities. In addition, these statutes provide that an employer cannot retaliate against an employee who makes a charge with the EEOC or who files a lawsuit in federal court.
Retaliation can take many forms, including firing an employee, refusing to hire someone, demoting or depriving a person of a promotion, changing job duties or benefits, or other negative actions that are designed to punish the person for exercising his or her legal rights. It’s important to consult with an experienced miami employment lawyer about your case so that you can get the justice you deserve.
In a workers’ compensation retaliation case, for instance, a Miami employment attorney can help you file a claim with the state or federal agency. This is because the workers’ compensation system is set up to protect employees from retaliation and other unfair labor practices by their employers.
Some types of retaliation against workers are more subtle and difficult to prove, so it’s important to document all events that may be evidence of discrimination or harassment in your workplace. For example, if you receive an email or phone call from a co-worker that suggests they are not comfortable with you taking a medical leave of absence for a serious injury, it’s essential to keep a record of the conversations and emails that took place.
It’s also important to document all other adverse events that occur in your workplace, such as harassment or discrimination, and the consequences for you, such as a demotion or change in job duties. Keeping a record of your workplace problems is a key component of any Miami employment law case.
Unpaid wages
If you are owed unpaid wages or have been cheated out of your pay, you should speak with an employment lawyer. Miami employment lawyers will be able to help you determine your rights under the law and fight for your compensation.
If your employer has failed to pay you the wages you have earned, it is a violation of both state and federal law. Under the Fair Labor Standards Act, most employees are entitled to be paid the minimum wage and must also be paid overtime for any hours worked in excess of 40 per week. In addition, employees may be able to recover liquidated damages equal to the amount of wages they are owed.
The FLSA is designed to protect the rights of all workers, but some employers violate it. Some of the most common violations involve withholding paychecks, not paying the full base pay rate or only a portion of your base pay based on the number of hours you work, and not paying you travel time between job sites.
In addition to these violations, employers may try to cheat you out of overtime. This can be done by withholding overtime pay, forcing you to work more than 40 hours in one week, not paying you the regular hourly rate for overtime, or misclassifying you as a manager or salaried employee to avoid paying overtime.
A miami employment lawyer can help you file a claim for back pay and liquidated damages to recoup the money you have been deprived of. It is important to keep accurate records of all the hours you have worked, as well as copies of your payroll stubs and other documents.
It is also a good idea to maintain a personal logbook that details your schedule and the number of hours you worked each day. It is best to keep a copy of the logbook on your personal device for evidence.
The FLSA requires employers to pay tipped workers the same amount as non-tipped workers, which is usually less than minimum wage. This can create a problem for tipped employees who need tips to bring their total wage up to the minimum wage level.