Florida Employment Lawyers

Rak Law Firm represents both employers and employees to rectify disruptions within the workplace and make each client feel valued.

Generally in Florida, the employment relationship is considered at-will. If an employment agreement is considered “at-will,” it means that both the employer and the employee can end the employment period at any time without notice. This leaves many employees wondering whether they can be fired for no reason and if they can sue their employers. It is important to know the difference between at-will employment and wrongful termination.

Wrongful termination: when an employer terminates the employment of an employee for a reason or in a way that violates company policy, employment contract or federal laws.

Florida at-will employes do have a right to sue their employers. It is important to gather information and documents and consult with an attorney if you believe you have been wrongfully terminated. Gathering important documentation such as the following may help your attorney determine next steps:

• Employee agreement, handbook or other employment policy documents
• Paystubs
• Schedules
• Relevant emails, messages or correspondence such as videos relevant to the case

Relevant case documents are specific to the case, for example, if it is a sexual harassment case saving documentation that includes offensive communications are important to keep and collect for the case review.

You want to get as much detail as possible in order to provide documents to your attorney in order to help them better prepare and better understand your case. Consult with an attorney at Rak Law Firm to determine if you have a case and your next steps.

General Employment Law

“Employment” is any service performed by “any individual who, under the usual common-law rules applicable in determining the employer-employee relationship, has the status of an employee.” Fla. Stat. §443.036(19)(a)1.b.

What is the difference between employment law and labor law?

• Labor law: subset of employment law that focuses specifically on interactions between employers and employees, conditions of work, trade/labor unions and industrial relations. Relates to the rights and responsibilities of employees/workers.
• Employment law: covers a broader set of employment issues beyond labor or trade union relations such as hours, wages, hiring practices, workplace discrimination and retaliation.

Employment law focuses on payment, discrimination, recruitment, and workplace working conditions. It also specifies when an employee can work, for how much pay and when an employer can hire employees. There can be severe legal consequences for workplace discrimination and other violations of employment and labor law. It is important to consult with an attorney who specializes in employment law when reviewing your case.

The main goal of employment law is to protect employee’s rights, ensuring they are treated equally, fairly and safely under both federal and state law.

Employment laws benefit both the employees and the company community as a whole. If employees feel safe within their working environment the working environment functions better, which leads to an increase in productivity.

Despite most employee relationships being at-will in Florida, employees still have rights that employers must follow. It is prohibited in the United States to discriminate against an employee for any of the following:

• Age
• Disability
• Genetic Information
• National Origin
• Pregnancy
• Race/Color
• Religion
• Sex

According to the Florida Bar, in the United States, the Equal Employment Opportunity Commission (EEO) establishes laws that prohibit employers from punishing job applicants or employees for asserting their rights against things such as discrimination and harassment.

For example, it is unlawful for an employer to fire an employee, cut their pay, or demote them for reporting harassment in the workplace.

As an employer, you may want to have an Employment agreement in place to develop workplace expectations and provide employees with policy notice. An employment agreement is an agreement between an employer and employee outlining the terms and conditions of the working relationship. This may include salary/wages, part-time v. full-time employment terms, paid time off, termination conditions etc.

An employee agreement is not always necessary depending on the business, you should contact an attorney to review your business structure and advise as to its needs.

Why Should I Hire an Attorney to Assist in My Employment or Labor Law Dispute?

• Expertise: employment attorneys specialize in this specific area of law and can provide knowledge of the applicable regulations and help you navigate the legal uncertainties.
• Legal strategy: attorneys who specialize in business and employment law can review your specific situation and best help you plan and strategize what to do accordingly.
• Protection from Retaliation: having legal counsel can help deter employers from retaliating against you for asserting your rights.
• Document/contract review: contract attorneys can review any current documents you may have such as employment agreements or help draft documents you might need such as severance packages, non-disclosure agreements, non-compete agreements etc.
• Peace of mind: having someone with experience and knowledge handling your case should help ease your stress and save you time. Our team of attorneys at Rak Law Firm specialize in contracts and business law and can sit down with you to review your documents and establish a plan of action tailored to your needs.

Employment/Labor Law Case… What Do I Need to Know?

If you are thinking about initiating an employment and or labor law case, here are some things to consider:

1. Know your rights: familiarize yourself with federal and state law to understand your rights and protections as an employee. These might include: minimum wage, overtime, anti-discrimination, family leave and medical leave.
2. Document everything: gather all correspondence you feel are related to your issue/dispute, this includes any emails, text messages or videos. Maintain these records as they could be crucial in supporting your claim.
3. Statute of Limitations: be aware of any deadlines for filing your claim. You do not want to miss the deadline or wait too long to seek legal representation as it could be too late.
4. Hire an attorney: whether you think you might have a case or not it is worth consulting with an attorney to understand your rights and seek advice from someone with experience to help evaluate the merits of your case. You may miss out on legal options available to you. Please do not hesitate to call Rak Law Firm at 407-437-0319 to schedule a consultation today.