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Florida Employment Law: Termination, Separation, Unpaid Wages, Retaliation

Termination/Harassment

Miami Employment Attorney at a wage hearing for a client

Discrimination is the key to a wrongful termination or harassment case. 

  

So, what is discrimination under the law? 

  

It is illegal to treat an employee differently when it comes to any aspect of employment, such as: 

 

· hiring; 

· firing;

· rate of pay;

· benefits;

· assignment of work load;

· enforcement of company policies;

· and more.

Many cases start with the "EEOC Process," Equal Employment Opportunity Commissions.  
 

The law protects employees from certain types of discrimination:  

· Pregnancy;

· Age;

· Disability;

· Medical Condition;

· National Origin;

· Race; 

· Color; 

· Religion; 

· Sex;  

· Family Medical Leave Act;

· Medical Leave;

· Medical Accommodation Requests; 

· Equal Pay; 

· and more. 

 

Sometimes the discrimination is not so obvious, such as a policy that applies to all employees but has the effect of punishing a certain  group of employees, such as employees over the age of 40, or employees  of a certain race, color, national origin, religion, sex, gender,  disability, etc.

 

The law also protects against wrongful terminations due to: 

· Family Medical Leave Act Request;

· Unpaid Wages Request;

· Workers Compensation benefits requests;

· "Whistle-Blower" or complaints about illegal activity;

· Discrimination complaints to HR or Management;

· Breach of Contract and more!

 

If you are having problems at work, it is best to speak to an attorney before speaking with the company or attempting to correct the issue alone. 

  

The law is always changing, and each case is different.

Unpaid Wages or Overtime Pay

Miami Employment Attorney at a wage hearing for a client

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Florida Employment Attorney - Helping with Unpaid Wages, Overtime, Last Pay Check Recover and More! 

Help is just a Call Away!

 

If you work, you should be paid. 


Don’t let an employer hold your  last pay check, change your hours or not pay you overtime pay when you work more than 40 hours in a week.


Generally, most employees are entitled to at least minimum wage plus overtime pay for all hours worked over 40 in a week. 


If you are in management, someone that can hire/fire or someone that supervises  employees or sets policies, you might be exempt from these requirements but best to speak to an attorney to make sure as the law is always  changing.    


If you are an employee that receives tips, your tips plus wages should at least equal to minimum wage every pay period and your boss should not be taking any  money from a tip pool nor should anyone else that does not regular get tips.    


Many times, in unpaid wage cases, you will get the money you are owed plus two times that amount as a penalty plus your attorney fees and costs will be paid by the the company not out of the money that you are owed.    

Retaliation

Miami Employment Attorney at a wage hearing for a client

Illegal in Florida to take adverse action against an employee if they:

(1) File a workers compensation claim 

  • [No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.];
     

(2) Request Unpaid Wages; 


(3) Request Medical Accommodation or Medical Leave or time of work via the Family Medical Leave Act 


(4) Reported, threatened to report or refused to participate in illegal Activity that can lead to government fines, etc. 


  • Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation. However, this subsection does not apply unless the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice.


  • Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.


  • Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.

Workers Compensation

Miami Employment Attorney at a wage hearing for a client

Injured at Work?

(1) Your medical bills should be paid 


(2) Your time off work should be paid 


(3) You should not be fired or harassed