Video - Employment Law 101

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 Discrimination is the key to a wrongful termination or harassment case.  Many cases start with the "EEOC Process," Equal Employment Opportunity Commissions which an attorney can help you begin.  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: 

1. hiring; 
2. firing;
3. rate of pay;
4. benefits;
5. assignment of work load;
6. enforcement of company policies;
7. injury at work or request for benefits; 
8. and more. 

• The law protects employees from only certain types of discrimination:  
  

1. Pregnancy;
2. Age;
3. Disability;
4. Medical Condition;
5. National Origin;
6. Race; 
7. Color; 
8. Religion; 
9. Sex;  
10. Family and Medical Leave Act;
11. Medical Leave;
12. Medical Accommodation Requests; 
13. Equal Pay; 
14. 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: 

1. Family Medical Leave Act Request;
2. Unpaid Wages Request;
3. Workers Compensation benefits requests;
4. "Whistle-Blower" or complaints about illegal activity that could lead to fines;
5. Complaints about Discrimination;
6. 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.

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

1.  File a workers compensation claim, i.e [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.