Florida Employment Attorneys

National Employment Lawyer Network

At Employment Lawyer Network our network of employment lawyers stretches wide, across all states. We collaborate with attorneys and law firms across the nation and combine resources to select the right lawyer to attend to your case. This is very important, as employment claims are based on the state where the company is headquartered, not by the state of the office you work in. More often than not, our clients need an attorney versed in law from a different state. Our nationwide collective of attorneys is available to you!

Federal Laws Protecting Your Rights

There are many Federal (U.S.) laws that exist to protect your rights as a worker and prohibit any workforce from various forms of discrimination. These Federal Laws are enforced by the U.S. Equal
Employment Opportunity Commission. Some of the laws they enforce include:

• Title VII of the Civil Rights Act of 1964: The most well-known anti-discrimination law, this law protects individuals from discrimination due to their race, color, religion, national origin, or sex, as well as accommodating religious beliefs and practices as much as possible.
• The Pregnancy Discrimination Act: This act is an amendment of Title VII, protecting women against discrimination related to pregnancy, childbirth, or a medical condition from labor.
• The Equal Pay Act of 1963: This well-known law states that both men and women must be paid equal wages for the same type of work.
• Title I of the Americans with Disabilities Act of 1990: This act protects qualified individuals with a disability in state/local government employment. Employers must provide reasonable accommodations for any limitations of applicants and employees.
• The Genetic Information Nondiscrimination Act of 2008: This newer law protects individuals from discrimination because of genetic diseases or disorders.

No harassment or punishments can come from reporting discrimination to proper authorities.  All Federal laws protecting individuals from retaliation for reporting discrimination.

Types of Florida Employment Law Cases We Handle

While these Federal laws exist to protect workers, each State may also adopt additional laws, regulations and protections for their workers. In Florida, our lawyers handle the following types of cases:

• Discrimination,
• Harassment,
• Sexual Harassment,
• Workers Compensation,
• Family Leave Protection,
• Retaliation,
• Severance agreements,
• Employment Contracts, and more.

Florida Anti-Discrimination and Harassment Laws

Just like anywhere else across the nation, harassment and discrimination in the workplace are unfortunate realities, whether subtle or open, intentional or ignorant. In no case should they be permitted; it is illegal by law to discriminate against individuals whether they are in the hiring process or already employees.

In addition to Federal laws, Florida has enacted its own anti-discrimination laws to protect Florida employees. In Florida, the Florida Civil Human Rights (FCHR) Act makes it illegal for an employer to discriminate against applicants or employees on the basis of:

• Race;
• Color;
• National (country of) origin;
• Religion;
• Sex;
• Disability or handicap;
• Age;
• Marital status;
• AIDS/HIV; or
• Sickle cell trait.

And just like Federal laws, Florida law also forbids an employer from retaliating against anyone who reports discrimination to the authorities.

How to File a Discrimination Claim in the State of Florida

An employee could file a claim with Florida Civil Human Rights (FCHR) or the Federal Equal Employment Opportunity Commission (EEOC). Both Federal and State laws offer protections from discrimination; Sometimes they are similar remedies, sometimes the State law protects the employees against more forms than the Federal law does, and sometimes the employee only has one choice to pursue. The two agencies cooperate with each other to process claims if you cross-file the claim. However, your attorney may advise you to file separately for other legal issues.

Florida Federal Discrimination Remedies

If an employer or potential employer discriminates against you and violates your rights, you may be entitled to remedies, which can include:

• Being placed in the job you applied for, if you were in the applicant phase.
• Pay or Benefits if you were denied a promotion or benefits.
• Receiving compensatory damages to address any harm or suffering that has come to you.

The employer may receive the following:

• Official orders to cease the discrimination and take steps to prevent it from happening in the future.
• Punitive damages, and
• Handling attorney’s fees and other costs.

There are no limits to these remedies, however the number of employees will typically dictate the amount of damages that will be awarded.

Sexual Harassment

Sexual harassment is a form of unlawful sex discrimination. Sexual Harassment in the workplace comes in many forms, whether verbal –  by lewd jokes, suggestive comments about looks or appearance, badgering, request for sexual favors, teasing or gender jokes –physical – sexual advances, unwelcome touching, hugging, and brushing of bodied – or visual – explicit images displayed in a computer or office, causing employees distress or making them fee degraded. It important to note that a sexual harassment claim can be made by either gender, against either gender. The Florida Civil Rights Act is the law that prohibits employers from discriminating based on sex, pregnancy, or marital status. (FL Stat. Sec. 760.01 et seq.). The Act covers public and private employers with 15 or more employees.

Hostile Work Environment

Hostile Work Environment and Quid Pro Quo are two types of illegal sexual harassment in the workplace as defined by Florida state law.

Hostile Work Environment is a form of sexual harassment that occurs when an employee experiences repetitive or severe harassment, over a long period of time. A hostile work environment makes it hard for an employee to do his or her job. This type of harassment may be difficult to detect so it is helpful for other employees to prove the offender’s behavior with their testimony as well.

Quid Pro Quo is a form of sexual harassment that occurs when someone offers special job perks or advancements in exchange for sexual favors or threatens with adverse effects on their job if they do not perform sexual acts.  This can be a formal threat or implied, but the employee must believe their job is truly at stake.

Wage, Hour, Overtime & Payday Violations

Florida laws have been enacted to address wage, hour, overtime and payday policies, beyond those protections guaranteed by federal laws. These laws are in place in order to protect workers from unfair practices by their employers. If you believe that your employer has treated you unlawfully, Employment Lawyer Network can help you determine how best to proceed. Give us a call immediately.

Limitations on Florida Discrimination Remedies

It is important to note not all employers are subject to all Federal and State of Florida anti-discrimination laws and statues in some cases. You can find out your exact rights if you are unsure by contacting Employment Lawyer Network today. We will work with you to determine your rights to bring suit against an employer.

Other Florida Employment Law Protections

The State of Florida offers many other areas of employment protections for its residents. Just some of these include:

• Wrongful Termination
• Florida Whistleblower Law
• Family and Medical Leave Act
• Employment Retirement Income Security Act
• Equal Pay Act
• Protections for Non-Union Members
• The Immigration and Nationality Act
• Protections for Federal/State Jurors
• Worker Adjustment and Retraining Notification Act

Florida Employment Lawyers Can Help

If you feel you have been or are currently being subjected to sexual harassment, workplace discrimination or any illegal employment situations, give us a call at 800-646-4621 or send us an email (contact@usworklawyer.com) to discuss your case.  An Employment Lawyer Network associate can help you determine whether your rights have been violated under any of these laws. You deserve the right to live and work without fear of discrimination or harassment.