Hialeah Employment Lawyer
Employment Law Protections in Hialeah
Florida’s employment laws provide crucial protections for workers across industries, ensuring they are treated fairly and have legal options if their rights are violated. In Hialeah, many employees in healthcare, manufacturing, and hospitality industries face issues such as workplace discrimination, wage theft, wrongful termination, and retaliation. When these violations occur, a Hialeah employment lawyer can help you understand your rights and take legal action. Scott Law Team is dedicated to representing employees in employment disputes, ensuring they receive fair treatment and financial compensation when necessary.
Workplace Discrimination and Harassment
Workplace discrimination is illegal under both federal and Florida laws. Employers cannot base hiring, firing, promotion, or pay decisions on:
- Race, ethnicity, or national origin
- Gender, sexual orientation, or gender identity
- Age (40 and older under the Age Discrimination in Employment Act)
- Disability or medical condition
- Pregnancy or family status
- Religious beliefs
Harassment, including sexual harassment, is also strictly prohibited. If an employee is subjected to offensive comments, unwanted advances, or a hostile work environment, they have the right to file a complaint. Victims of discrimination or harassment can report their claims to HR, their employer, or file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
Scott Law Team helps employees pursue legal action against employers who fail to prevent discrimination and harassment in the workplace.
Employee Rights Under Florida Labor Laws
Employees in Hialeah are entitled to several workplace protections under Florida and federal labor laws:
- A minimum wage of $12.00 per hour as of 2024, with scheduled increases.
- Overtime pay for employees working over 40 hours per week unless exempt.
- Safe working conditions under the Occupational Safety and Health Act (OSHA).
- Medical leave under the Family and Medical Leave Act (FMLA) for qualifying health or family-related reasons.
Employers who violate these laws can face penalties, and employees may be entitled to back pay, reinstatement, or compensation for damages. Scott Law Team helps workers file claims against employers who violate labor laws and fail to provide legal protections.
Wage and Overtime Disputes
Wage theft is one of the most common workplace violations in Florida, with thousands of cases reported each year. Some of the most frequent violations include:
- Failing to pay overtime to eligible workers.
- Classifying employees as independent contractors to avoid paying benefits.
- Illegal paycheck deductions that reduce an employee’s take-home pay.
If you believe your employer is withholding wages, review your pay stubs and request payroll records. Employees have two years to file a claim for unpaid wages, or three years if the employer knowingly violated wage laws.
Scott Law Team represents employees in wage and hour disputes, helping them recover their rightful pay.
Retaliation and Whistleblower Protections
Employees who report workplace violations, discrimination, or unsafe conditions are protected under Florida’s Whistleblower Act. Retaliation can take the form of:
- Termination or demotion
- Pay cuts or reduced hours
- Hostile work conditions
Additionally, workers who expose fraud in government programs like Medicare or Medicaid may be eligible for financial compensation under the False Claims Act. If you have been punished for reporting illegal workplace activity, Scott Law Team can help you seek reinstatement and damages for retaliation.
Wrongful Termination in Florida
Florida follows an at-will employment policy, meaning an employer can fire an employee for any reason. However, wrongful termination occurs when an employer fires an employee for:
- Discrimination based on race, gender, age, or disability.
- Retaliation for reporting workplace violations.
- Violation of an employment contract that outlines termination conditions.
Employees who believe they have been wrongfully terminated should document their termination, including emails, performance records, and conversations with supervisors. Filing a complaint with the EEOC or FCHR may be required before taking legal action.
Scott Law Team represents employees in wrongful termination cases, helping them seek compensation for lost wages and damages.
Non-Compete Agreements and Employment Contracts
Many Hialeah businesses require employees to sign non-compete agreements, which prevent workers from joining a competitor or starting a similar business after leaving their job. Florida law enforces non-compete agreements only if they:
- Have a reasonable time limit (typically two years or less).
- Are limited in geographic scope and do not prevent an employee from working in their field.
- Protect a legitimate business interest, such as trade secrets.
Before signing an employment contract, workers should carefully review its terms and consult with an attorney if needed. Scott Law Team helps employees negotiate fair contracts and challenge overly restrictive non-compete agreements.
EEOC Complaints and Workplace Investigations
Employees who experience workplace discrimination, harassment, or retaliation have the right to file a charge with the EEOC or FCHR. The process includes:
- Filing a charge within 180 to 300 days of the workplace violation.
- An investigation by the EEOC, including document reviews and witness interviews.
- A potential settlement, mediation, or lawsuit, depending on the findings.
If the EEOC determines that a violation occurred, employees may receive reinstatement, back pay, or damages. Scott Law Team guides employees through the EEOC complaint process to ensure their case is handled properly.
Payroll Audits and Employer Compliance
Employers in Hialeah must comply with payroll and wage laws to avoid legal disputes. Payroll audits help businesses identify compliance issues before they result in lawsuits. Employers should regularly check:
- Employee classifications (exempt vs. non-exempt).
- Overtime payments to ensure compliance with wage laws.
- Payroll tax reporting and deductions to avoid penalties.
Failure to comply with payroll laws can result in government fines and lawsuits. Scott Law Team provides legal assistance in payroll compliance, helping businesses and employees resolve disputes.
Employment Lawyers Serving Throughout Hialeah
- Palm Springs North
- Miami Lakes
- Hialeah Gardens
- Amelia District
- West Hialeah
- East Hialeah
- Gratigny
- Sun-Tan Village
- Hialeah Acres
- Seminole City
- Country Club
- Lake Laurence Estates
- Medley
- PSN (Palm Springs North)
- Miami Industrial District
Speak with a Hialeah Employment Attorney
If you are experiencing workplace discrimination, unpaid wages, wrongful termination, or retaliation, a Hialeah employment attorney at Scott Law Team can help. Our firm is committed to protecting workers’ rights and holding employers accountable for labor law violations. Contact us today to schedule a consultation and discuss your case.
