FLORIDA EMPLOYMENT LAW
Employment Law (commonly referred to as Labor Law) is the body of law that deals with the many matters that come with the employer-employee relationship. Such matters may include sexual harassment, hiring and firing procedures, wages and hours, discrimination at the worksite, and safety and health. Florida does not have a state agency that handles cases relating to wage/hour disputes, so any claim pertaining to wage or hour violations must be filed with the local office of the federal Department of Labor (DOL).
A Florida employment attorney is helpful when filing any employment law related clam, but there are some employment law cases (i.e., harassment and wrongful termination) in which the assistance of a Florida employment lawyer is crucial, because of the need to collect extensive evidence for the case and convincingly argue the case.
Why Hire A Florida Employment Attorney?
Federal and state laws both play a tremendous, complex role in Florida employment law. A Florida employment law lawyer can investigate the relationship between federal and state law and can convincingly negotiate how the two work together to make sure your case succeeds. Further, a Florida employment lawyer can effectively assert your claim for unpaid wages, argue against your wrongful termination, put together an effective discrimination claim and discuss whether or not you have a legitimate claim or a useless claim that will just end up costing you valuable money and time.
In addition, wrongful termination claims may be quite stressful for a former employee who does not want to have to communicate with his former boss. A Florida wrongful termination attorney can act as an intermediary between the worker and his boss and advise the employee on his best options for recovery. Consulting a Florida employment lawyer is generally a good idea to make sure you comprehend your rights and benefits under Florida employment law.
Wrongful Termination In Florida
Florida employment law is based on the "employment at will" doctrine. Under this doctrine, a worker is free to leave his job at any time, and an employer is free to fire an employee at any time and for any reason if the reason is not against the law, or for no reason at all. If there is an employment contract between the employer and the employee, the "at-will" relationship changes and becomes governed by the terms of the contract.
In Florida, when an employer's firing of an employee is illegal, or his basis for doing so is discriminatory, a worker may be able to file a "wrongful termination" claim. It is against the law in Florida for an employer to terminate an employee for the following reasons:
Federal and Florida state law forbid employers from terminating the employment of an individual based on a discriminatory rationale if the person is otherwise qualified for the job. Likewise, if a person is qualified for the job but is not hired because of, or is terminated because of a disability, a wrongful termination suit is possible. If your boss sees pregnancy or age as a disability, it cannot be the reason for your termination. For the best possible outcome of your wrongful termination claim, be sure to promptly speak to a Florida wrongful termination lawyer.
Employee Wage/Hour Concerns In Florida
As of January 1, 2011, the minimum wage in Florida is $7.25 per hour, the same as the federal minimum wage. Florida workers must be paid at least this wage for the work they do. Unlike in many other states, Florida employment law does not mandate specific pay periods.
Because Florida does not have a state agency that handles wage and hour claims, if your boss fails to pay all or some of your wages for the time you have worked, a Florida employment attorney can help you with filing a claim for unpaid wages.
In Florida, working overtime is whenever you work more than 40 hours per week. According to federal law, you will be paid overtime pay (time-and-a half) for any overtime hours you work. If you work overtime (defined as all hours worked over 40 hours per week), you are entitled to time-and-a-half pay. Talk about any claims you may have for overtime pay with a Florida employment attorney and submit your claim to the nearest federal Wage and Hour Division office.
If you have questions about employee wages, or are not sure how to go about filing a claim for unpaid overtime or unpaid wages, please do not hesitate to contact a Florida employment attorney.
Florida Employment Benefits
The State of Florida does not mandate that employers provide their workers with sick leave, medical benefits, paid vacation days, meal breaks, or life insurance. Florida also does not have employment laws requiring maternity leave. Employees in Florida are, however, entitled to 12 weeks of unpaid maternity leave through the federal law in the Family and Medical Leave Act (FMLA). It is also worth mentioning that Florida government does not maintain short term disability benefits for Florida citizens.
Disability law in Florida includes workers injured in workplace connected accidents or at their jobs. Such workers are eligible to receive compensation, the amount of which is dependent on their type of injury or occupational disease. Talk to a Florida work compensation attorney about your potential workers' compensation benefits. Unlike with occupational-related injuries, Florida disability law does not require short term disability payments to workers who were injured or became ill in non-work-related accidents.
Florida Employment and Labor Law Statutes
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