Florida Employment Lawyer
According to the State of Florida’s Agency for Workforce Innovation, over 510,000 people work in Palm Beach County. State and federal employment and labor laws protect people in the workplace and their employers. Labor and employment laws are complex and resolving employment law concerns poses many challenges. Leave it to our experienced Florida employment lawyers to help.
I’m An Employee:
- Employment Discrimination
- Employee Rights
- Workplace Harassment
- Healthcare Labor & Employment
- HIPAA
- HIPAA Training
- Non-Compete Agreements
- Employee Retaliation
- Restrictive Covenant/Non-Compete Agreement
- Stark Law
- Unemployment
- Unpaid Wages
- Whistleblowers
- Wrongful Termination
I’m An Employer:
- EEOC Charges
- Employment Contracts
- Handbook Drafting
- Job Description Drafting
- Non-Compete Agreements
- Payroll Audits
- Workplace Training
Discrimination
An applicant for a position may file a claim for discrimination if he or she believes the prospective employer did not offer the job for reasons not allowed by law. While employers have the right to select and retain the best people to fill job openings, they cannot fire or decide not to hire a person based solely upon a characteristic protected under the law.
EEOC Charges
If you are an employer and the U.S. Equal Employment Opportunity Commission (EEOC) has just issued a charge against you, what do you do now? What should you say? What should you not say? You are in a precarious situation, and it is crucial that you do not take your charge lightly.
Employee Rights
Federal laws, Florida statutes, and the constitution have evolved over the last several decades and continue to evolve. Our employee rights lawyers offer advice to employers and employees regarding their rights and obligations in the workplace. Additionally, we draft handbooks, job descriptions and policies that are narrowly tailored to your company’s unique needs. While the law does not require employers to have an employee handbook, creating workplace procedures helps create a positive working environment.
Employment Contracts
As an employer, you have a responsibility to lay out all of the terms of employment for each of your employees before they enter into an agreement of employment with you. There are certain provisions that are common sense to include, but there are others that may not have even crossed your mind.
Fair Housing Act
Many of the same legal protections employees have in the workplace apply to prospective and current tenants and homeowners. When you go to buy a house or rent an apartment, you shouldn’t have to worry about your accent or the way you dress. Unfortunately, however, these kinds of things can have an effect on a tenant or home buyer’s experience, but this doesn’t make it acceptable.
Harassment
Harassment laws protect employees from being harassed by supervisors, fellow workers or even customers while at work. The Federal Civil Rights Act and Florida’s Civil Rights Act prohibit many types of discrimination in employment and make sexual, racial and other types of harassment illegal in the workplace.
Healthcare Law
Complying with the new Healthcare Reform laws in addition to state and federal labor and employment rules and regulations can pose many challenges. Our regulatory lawyers provide legal advice to help employers meet these requirements.
HIPAA
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law designed to create standards for maintaining patient health records electronically and put procedures in place to keep those records private and secure. HIPAA applies to healthcare providers, employers, and their business affiliates. HIPAA seeks to protect health information, including personal information that may be used to identify a person. These rules apply to oral, written and electronic patient records. Our HIPAA lawyers are able to provide guidance to ensure your business practices comply with these very complex rules.
Labor & Employment Law
State and federal employment and labor laws protect people in the workplace and their employers. Labor and employment laws are complex and resolving employment law concerns poses many challenges. Our employment lawyers have the experience needed to help you resolve your legal issues.
Non-Compete Agreements
Non-compete agreements pose many complex legal questions in the state of Florida for both employers and employees. Florida is one of the few states that permit enforcement of non-competes. Our firm can assist you in determining whether your non-compete is valid and enforceable and whether there are defenses.
Public Employee Disputes
Public employees have pre-determination hearings or other administrative rights before they are disciplined or terminated. This is applicable to federal employees, state employees, city/municipality employees, police officers, teachers, employees with tenure and many others who might not fully understand their options following discipline or dismissal.
Retaliation
Under both federal and state law in Florida, it is illegal for an employee to be fired for engaging in activities protected by law or for reporting violations made by an employer. Retaliation against an employee occurs if an employer takes an adverse action against an employee. An adverse action can be continued harassment, an unfavorable evaluation, disciplinary action, termination or demotion. Protections are provided in the Florida Civil Rights Act and retaliation claims are filed with the Florida Commission on Human Relations.
Stark Law
Stark Law, also known as the Federal Physician Self-Referral Law, applies to any referrals a doctor makes to Medicare and Medicaid patients. The law governs patient referrals for certain health services and prevents a doctor from referring patients to facilities where he or she holds a financial interest. Our Stark Law lawyers can advise you on the specific conditions pertaining to your practice.
Unemployment
If you find that you have been wrongfully denied unemployment benefits, we urge you to act fast because appeals with the DEO are time sensitive. Our lawyers can help you navigate your rights during this difficult time.
Unlawful & Wrongful Termination
Some employers require employees to sign papers which act as contracts that usually spell out the conditions under which an employee may be terminated. Although less common, employers may verbally express to an employee they can be terminated only for certain reasons. An employee may be able to bring a wrongful termination claim, whether the contract is written or oral. Our lawyers are experienced in wrongful termination cases and can advise on the best course of action.
Unpaid Wages
In some situations, employees may be misclassified as exempt employees or independent contractors, and thus, entitled to unpaid overtime compensation. Our lawyers represent such employees, and assist with matters relating to recovery of unpaid overtime, as well as unpaid wages, including underpayment or minimum wage violations, wage theft, final paycheck retention, backpay calculations, and record keeping violations.
Whistleblower Cases
The term “whistleblower” often describes an employee who reports violations of the law by his or her employer. Laws on the federal and state level have been created to protect employees from retaliation or harassment by employers. These laws also protect employees from being unfairly terminated from their position or being forced to quit through constructive discharge.
Florida is an “At-Will” Employment State
Employees in Florida work “at-will,” which means they can be terminated from their position for any reason at any time. However, the “at-will” nature of the job also allows employees to choose to leave their respective jobs at any time. At-will employees who have been terminated by their employers may claim unemployment benefits, depending on the conditions of the termination. An exception to “at-will” employment is a situation where employer and employee have agreed to terms outlined in a contract. An employment contract dictates the conditions of employment, including how and for what reasons an employee may leave or be terminated from his or her job. In either of these instances, retaining the services of experienced employment lawyers can help streamline the process and make all terms in the contract clear. Labor lawyers can also assist in drawing up contracts or creating publications for company guidebooks and procedural manuals.
Labor and employment law in the State of Florida addresses a wide variety of concerns for employers and employees. We offer legal advice to help resolve labor and employment law issues. Some of these include:
- Claims for Unemployment
- Discrimination Claims
- Drug and Alcohol Testing
- Employee Layoffs
- Harassment in the Workplace
- Human Resource Practices and Policies
- Non-Compete and Confidentiality Agreements
- Wage and Hour Disputes
- Minimum Wage
- Anti-Union Activity
- Retaliation
- Concerted Protected Activity
- Wrongful Discharge/Termination
Video FAQs
- Am I Entitled to Severance Pay?
- Are all employers covered under the Fair Labor Standards Act (FLSA)?
- Are non-compete agreements enforceable if I have been fired?
- Are non-solicit agreements enforceable?
- Are releases to allow a potential employer to access a credit report used to check the applicants criminal record?
- Are temporary employees able to file discrimination claims?
- Are there any special terms that apply to unions and employees under union contracts?
- Are there any time limits on when I must file a charge of discrimination?
- Can an employer dock my pay?
- Can an employer ever use race, gender, or age in employment decisions?
- Can an employer find out if I was fired for theft?
- Can an employer legally record phone conversations?
- Can employers monitor their employees’ internet usage or read their emails?
- Can I be an employee and also be an independent contractor for the same company?
- Can I be terminated for complaining about my job?
- Can I be terminated for posts on social media regarding my employers?
- Can I do anything about untrue statements that my former employer made about me to a potential employer?
- Can I recover punitive damages from my employment discrimination claim?
- Can my employer fire me because of my religious beliefs?
- Do employees have to be paid for travel time?
- Do I have a right to continue my health insurance after I am terminated from my job?
- Do I keep my health coverage if I am out of work under the family and medical leave act (FMLA)?
- Do the anti-discrimination laws protect only women and minorities?
- Does my employer have to accommodate my service animal?
- Does my landlord have to accommodate my service animal?
- How can I afford to hire an lawyer for my discrimination case?
- How do courts measure emotional damages in employment discrimination cases?
- How do I know if my employer discriminated against me?
- How do I learn more about my state’s employment laws?
- How do you prove pretext in an employment discrimination case?
- How does bona fide occupational qualifications apply to discrimination?
- How does the EEOC resolve discrimination charges?
- How long do I have to be employed at a job in order to be eligible for unemployment benefits?
- How long does it take to resolve a wage claim?
- How many hours of work per week is time considered part time?
- How many times can I appeal my disability claim?
- How old does a minor have to be to work?
- I am a federal employee do I have the same rights as private employees?
- I am in the armed forces and returning to work force do I have rights to my employment?
- I am in the reserves. Do I have rights to my job if I have weekend duty?
- I am under investigation by my employer and have been instructed to keep it confidential. Is that legal?
- I just found out that someone who was hired after I was is making more money than I am. Is that legal?
- I was fired without cause. What are my options?
- I’ve heard that florida is an at-will state. Do I really need an lawyer?
- If I am in a union, do all employment laws still apply?
- If I am in a union, what other laws might protect me in the workplace?
- If I prove that the employer’s stated reason is false or a pretext will I win my case?
- If I sue under the FLSA for wages I think I should have received, what might I get?
- If I’m working extra hours for the holidays will I be paid?
- If my employer is not providing me a private area for breastfeeding, is that legal?
- If my state’s minimum wage is different than the federal minimum wage, which do I get?
- Is an employer required to provide maternity parental or other leaves of absence?
- Is either the employer or the employee required to give notice of termination?
- Is my employer required to pay me for sick days, personal, days and holidays?
- Is my employment handbook a contract, and can I enforce the policies?
- Is there a deadline for bringing an employment-related claim?
- Must a company give a reason for not hiring, reassigning, failing to promote, or firing me?
- Must employers pay minors or young workers the same minimum wage?
- My employer is investigating complaints and told me during my interview that I can’t talk to my coworkers is this legal?
- My employment agreement says all disputes must be subject to arbitration. What does that mean?
- Should I sign an arbitration clause? What does it mean?
- What are false claims or qui tam laws?
- What are limited rights of probationary employees?
- What are the laws that protect people from employment discrimination?
- What can I do if I think a former employer blacklisted me?
- What can the courts do to remedy my claim of discrimination?
- What constitutes sexual harassment in the workplace?
- What damages are available in an employment discrimination case?
- What discriminatory practices are prohibited by the employment discrimination laws?
- What do employment at will and for cause mean?
- What does it mean when the insurance company says that my benefits are offset by other sources of income?
- What employers are covered by the ADEA?
- What happens after I file a claim with the EEOC or with my local state anti-discrimination agency?
- What if my employer retaliates against me for filing a claim of discrimination?
- What information must I provide if I file a charge of discrimination?
- What is a protected class?
- What is a serious health condition under the Family and Medical Leave Act (FMLA) ?
- What is an intake? Is it the same as a free consultation?
- What is considered overtime?
- What is necessary for a person to prove that he or she has a disability under the Americans with Disabilities Act (ADA)?
- What is severance pay?
- What is the difference in sex discrimination and harrassment in a federal workplace compared to a civilian workplace?
- What is unlawful employment discrimination?
- What is wage and hour law?
- What legal protections are afforded to at will employees?
- What notice must my employer give me about my Family and Medical Leave Act (FMLA) rights?
- What protections are there if I alert the authorities that my employer is cheating on taxes?
- What questions cannot be asked during an interview?
- What rights do transexuals homosexuals and transgenders have in the workplace?
- What should I do if I feel my company or employer has workplace hazards?
- What should I do if my employer refuses to give me my vacation pay?
- What types of damages can I recover for age discrimination?
- When does an employer have to pay overtime?
- When is the best time to hire a lawyer to help me with my disability claim?
- Who can be discriminated against at work?
- Who can file a charge of discrimination?
- Who enforces HIPAA?
- Who is a similarly situated employee?
- Will I get a reward for reporting illegal activities against my company?
Employment Law Attorneys Serving Florida & Nationwide
- Cape Coral
- Fort Lauderdale
- Gainesville
- Hialeah
- Jacksonville
- Jupiter
- Miami
- Orlando
- Port St. Lucie
- St. Petersburg
- Tallahassee
- Tampa
- West Palm Beach
- Pembroke Pines
- Hollywood
- Gainesville
- Miramar
- Coral Springs
- Clearwater
- Palm Bay
- Pompano Beach
- Lakeland
Prevent Problems in the Workplace, Contact Our Experienced Florida Employment Lawyers
A proactive approach to labor and employment law offers the best results for both employers and employees. For employers, following proper procedures prevents many common legal issues from arising. For employees, labor and employment lawyers can offer advice before contracts are signed to ensure the employee will be treated fairly while working. Our Florida employment lawyers offer objective legal assistance to help resolve employer and employee concerns. Some legal issues are time sensitive or involve complex rules. Be sure to contact an experienced labor and employment law lawyer to obtain legal advice quickly.