Employment laws like Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act give employees a variety of rights, such as the right to not be discriminated against. If any of your rights as an employee have been violated by your employer, you should consider contacting an attorney to determine your legal options. If your rights were infringed, your employer should be held accountable and you should receive any compensation you are owed. The West Palm Beach employment lawyers at Gordon & Doner offer a free, no obligation consultation to review your situation. This way there is no risk to you in contacting us.
Our attorneys have recovered fair compensation in a variety of cases. We understand that compensation cannot change what happened, but it can help employees move forward after their rights were violated. We have in-depth knowledge of laws governing employees, including various laws applied by the Department of Labor, such as the Fair Labor Standards Act.
Types of Employment Law Cases We Handle
Our West Palm Beach employment lawyers are prepared to handle a variety of cases involving employees whose rights were violated, including:
- Discrimination – This covers many types of discrimination on the basis of age, disability, religious beliefs, gender, sexual orientation, race or ethnicity, and pregnancy.
- Sexual harassment – This covers many types of harassment, such as unwelcome sexual advances, requests for sexual favors, sexually-charged discussions or comments and other actions that create a hostile work environment.
- Violations of wages and hour laws – This includes failure to pay minimum wages under state or federal law and the failure to pay for overtime wages.
- Wrongful termination – This includes employees who have been terminated because they suffered a workplace injury, spoke up about workplace safety violations, reported illegal employer activity or took a leave of absence that was their right under the Family and Medical Leave Act (FMLA).
- Retaliation – These cases involve employees whose jobs were affected because they asserted their rights. For example, maybe an employee filed a discrimination complaint or acted as a witness in another employee's complaint. Sometimes employers retaliate against employees who assert their rights by firing, demoting, verbally abusing or physically threatening them.
- Breach of contract – This could involve employees who were terminated in violation of their contract.
If you feel that you have been discriminated against, wrongfully terminated or sexually harassed, a qualified West Palm Beach employment lawyer can help you understand your rights and your legal options.
Fill out our Free Case Evaluation form to get started.
Why Should I Hire an Employment Attorney?
When employers commit unlawful actions that wrongfully place employees at a disadvantage, they should be held accountable. Our West Palm Beach employment attorneys may be able to help hold your employer accountable and pursue any remedies that might be available, such as back pay, reinstatement to your previous position or possibly emotional anguish. There are many advantages to having an attorney representing you, as opposed to trying to navigate this complex process by yourself:
Representing Your Best Interests
Your employer and the lawyers representing your employer will not be focused on what is best for you. They are focused on not paying any compensation and avoiding liability for employment law violations. Considering all of that, it makes sense to have an experienced advocate on your side who knows the law and your rights.
The employment lawyers in West Palm Beach at our firm are dedicated to fighting for your best interests. We know how to fight for your rights against the powerful – such as insurance companies and large corporations. We can represent you during any legal proceedings and hearings. We can also discuss your situation during a free legal consultation and determine if you have grounds for a claim.
Conducting an In-Depth Investigation
If you decide to move forward with us, our firm will begin conducting an in-depth investigation into your situation. We will start collecting critical pieces of evidence to help build a strong case. This includes:
- A detailed account from you of what happened
- Statements from coworkers or other eyewitnesses
- Records of hours worked
- Records of any similar violations in your employer’s past
- Pictures or video showing how you were mistreated
- Your employment contract
- Records of your promotions or disciplinary actions you have been subjected to
Our West Palm Beach employment lawyers will keep you informed throughout the investigation and the rest of the legal process to make sure that we have the information we need to build a strong case in defense of your best interests.
Applying Specific Employment Laws to Your Claim
If you do not have the legal knowledge, it may be difficult to understand the law effectively. At Gordon & Doner, our attorneys have detailed knowledge of state and federal employment laws, such as:
- Family and Medical Leave Act (FMLA)
- Fair Labor Standards Act (FLSA)
- Title VII of the Civil Rights Act of 1964
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Occupational Safety and Health Act (OSHA)
- Equal Pay Act of 1963
- Age Discrimination in Employment Act of 1967
- Americans with Disabilities Act of 1990
We know how to apply specific employment laws that are relevant to your claim to prove that your rights as an employee were violated in the workplace.
Recovering Adequate Compensation
Our goal in helping you pursue an employment law claim is to ensure that your employer is held accountable and you receive the remedies you are entitled because your rights were infringed. Some of the remedies for employment law violations may include:
- Back pay
- Medical expenses
- Mental anguish
- Loss of enjoyment of life
- Punitive damages
- Court costs
- Costs associated with a job search
- Expert witness fees
- Legal fees
- Pay for vacation time
- Pay for bonuses
- Unpaid wages or overtime
The Equal Employment Opportunity Commission (EEOC) places a limit on the amount of compensatory and punitive damages you can recover for employment discrimination. These limits vary depending on the size of the employer:
- The limit is $50,000 for employers with 15-100 employees
- The limit is $100,000 for employers with 101-200 employees
- The limit is $200,00 for employers with 201-500 employees
- The limit is $300,000 for employers with over 500 employees
If you have been discriminated against or had any other rights infringed by your employer, it is vital that you hire a West Palm Beach employment attorney. We can explain your legal rights and assist you in preparing your case. We can also guide you through the complex process of filing an employment law claim.
Schedule a free, no-obligation case evaluation today by calling 1 (855) 722-2552.
Employment and Labor Laws
Employment laws are designed to do many things, including prohibiting discrimination, ensuring employees are paid for overtime if they are eligible, and allowing eligible employees to take a leave of absence for specific reasons.
Minimum Wage and Hour Protections
Florida labor laws and the federal FLSA set the rules for minimum wage and overtime pay. The federal minimum wage is $7.25 per hour while Florida's current minimum wage is $8.25. No state minimum wage can be lower than the federal minimum wage, but if your state's minimum wage is higher than the federal minimum wage, you are entitled to that rate of pay.
If you work more than 40 hours per week, your employer must pay you time in a half, which is your regular rate of pay plus half. This means if you make $10 per hour and are eligible for overtime, your employer is required to pay you $15 for every overtime hour worked. Certain employees are exempt from overtime requirements, which means employers do not have to pay them time and a half if they work more than 40 hours in a week. People like managers and executives are often exempt from overtime requirements.
Prohibiting Discrimination and Harassment
Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against employees based on race, religion, color, sexuality or national origin. This law also prohibits harassment based on these classifications. The Age Discrimination in Employment Act of 1967 and the American with Disabilities Act of 1990 also prohibit discrimination based on one’s age or disability.
If you come forward about experiencing discrimination or harassment in the workplace, you are protected from retaliation under state and federal laws. Whether you decide to file a complaint with the EEOC or the Florida Commission on Human Relations, your employer may not take retaliatory actions against you.
Employers are however required to offer unpaid leave in certain situations such as:
- Family and medical leave – The Family and Medical Leave Act requires employers to provide eligible employees up to 12 weeks of unpaid time off per year for any illness or caregiving. Your employer must have at least 50 employees for you to be able to take leave.
- Military leave – USERRA requires employers to allow employees unpaid time off work for military service or duty. After an employee’s military leave, they must be reinstated and not discriminated against.
- Domestic violence leave – Florida law requires employers to provide employees with up to three days of unpaid time off work per year for any domestic violence situations.
- Jury duty – Florida law requires employers to allow employees to take unpaid time off work for jury service. Employers cannot harass or discriminate against an employee for jury duty.
Workplace Safety and Damages
OSHA allows employees the right to a safe working environment, free from any harm or danger. It is illegal for employers to terminate, retaliate or discipline an employee who raises concerns about an unsafe workplace, such as requesting a safety inspection from OSHA.
Leaving Your Work
Being employed in Florida usually means working at will. You can quit at any time or be terminated for any reason that is not illegal and violates your rights. If you are laid off, you may be entitled to unemployment benefits and reemployment assistance.
Under COBRA, you are allowed to maintain your health insurance coverage for 18 to 36 months after being employed. However, you must pay the full premium to continue receiving benefits.
Our employment lawyers in West Palm Beach are up-to-date on federal laws and Florida statutes protecting you from wrongful actions by your employer.
Fill out our Free Case Evaluation form right now.
How to File a Discrimination Complaint
To file a discrimination complaint, there are several federal and state deadlines to be aware of:
Complaints Handled by the EEOC
The EEOC handles complaints of employment discrimination and many other violations of employee rights. You have 180 calendar days from the date the discrimination took place to file a charge. This deadline can be extended to 300 calendar days if a local or state agency decides to enforce a local or state law prohibiting the same type of employment discrimination.
Florida Anti-Discrimination Complaints
Based on your case, a West Palm Beach employment attorney may decide it is best to file a claim with the state. The Florida Commission on Human Relations helps to investigate and resolve employment discrimination complaints. You must file a charge no later than 365 days after the date the discrimination occurred. This can be done by filing out an Employment Discrimination Questionnaire.
Contact a West Palm Beach Employment Lawyer Today
Have you suffered discrimination or harassment in the workplace?
As an employee, you may be able to hold your employer accountable under federal or state law for violating your rights. You may also be able to recover compensation for the damages you have suffered, including the harm to your career.
At Gordon & Doner, our West Palm Beach employment lawyers can review you case and determine your legal options in a free, no obligation consultation. If you have a valid claim and decide to move forward with our firm, we can conduct a thorough workplace investigation to help build a strong case.