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:
· rate of pay;
· 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:
· Medical Condition;
· National Origin;
· 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.
Florida Employment Attorney - Helping with Unpaid Wages, Overtime, Last Pay Check Recover and More!
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.
(1) File a workers compensation claim
(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.
(1) Your medical bills should be paid
(2) Your time off work should be paid
(3) You should not be fired or harassed