What Has Been Your Experience In Handling Employment Law Cases In Florida?
I have been in practice since 1982. I became licensed in California in 1982 and in Florida in 1983, and I’ve been practicing in South Florida since 1985. Since 1990, I have been a sole practitioner and a civil litigator handling all kinds of civil litigation. During the course of my career, I have represented people in all types of employment disputes.
There are a number of different employment disputes that will require a person to hire a lawyer in order to effectively protect an employee’s rights. In Florida, protecting those rights can be more difficult because Florida is known as a right-to-work state, which means it’s a right-to fire-state; and the firing may be for any or no reason.
Nevertheless, there are some protections that benefit employees, and they are primarily in the civil rights arena. You cannot be discriminated against because of your race, religion, creed, national origin, sexual orientation, or any number of things, including whether you are handicapped. Florida has a Civil Rights Act, which is similar to the federal one and provides protection against discrimination. When employees are discriminated against by their employer (i.e., by not getting a promotion, being terminated or suspended because of a discriminatory practice, etc.), I’m able to help out. Most often, the situation is one where you are trying to enforce a civil right that is protected under either federal law or state law.
Another (less common) scenario involves employees who have a written employment contract with their employer. In those situations, both sides—the employer and the employee—must comply with the terms of the contract. Typically, if you do have a written contract with your employer, there are still grounds that would justify termination, but that termination can’t be an arbitrary decision (as it might be for employees who don’t have a written contract), or it would constitute a breach of an employment contract claim.
Another area in which an employee may have some rights is under the Family Medical Leave Act (FMLA), where for various reasons you can obtain a leave from your employment for medical reasons either pertaining to yourself or pertaining to a dependent or somebody that you take care of. There are certain procedures that large employers must follow to be in compliance with that act, and if they fail to do so, an employee has a right to bring a claim under the FMLA .
The Americans with Disabilities Act (ADA) also provides protections to employees.
Finally, there are protections for employees who are whistleblowers and face adverse employment decisions because they have reported the employer’s unlawful activity.
That is a broad overview of ways in which a lawyer can help an employee in an employer-related action.
What Are The Most Common Types Of Employment Law Cases That Your Firm Handles?
The most common types of employment law cases we handle would be civil rights violations. If somebody has been discriminated against because of an unlawful reason like their race or their religion or being pregnant, that constitutes an adverse employment action.
On occasion, we’ll have a whistleblower case. An employee has come across some unlawful conduct being performed by the company or higher ups within the company, and they have voiced those concerns within the company and gotten nowhere. Then the employee is terminated or suspended or otherwise suffers some kind of jeopardy with their employment because of their whistleblower status. That would entitle the employee to bring a claim.
For more information on Handling Employment Law Cases in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 462-7500 today.