Orlando Employment Lawyer
In a time like this, we understand that you want a legal representative acquainted with the complexities of employment law. We will help you browse this complex process.
We represent employers and workers in disputes and lawsuits before administrative firms, federal courts, and state courts. We likewise represent our customers in arbitrations and mediations.
We Handle the Following Labor and Employment Practice Areas
Here are a few of the issues we can manage on your behalf:
Wrongful termination
- Breach of contract
- Violation of wage and hour laws, employment consisting of supposed class actions
- Violations of non-competition and non-disclosure agreements
- Discrimination (e.g., age, sex, race, religious beliefs, equivalent pay, impairment, and more).
- Failure to accommodate impairments.
- Harassment
Today, you can speak with among our team members about your situation.
To speak with an experienced employment law attorney serving Orlando. 855-780-9986
How Can Our Firm Help You?
Our firm does not endure discrimination of any kind. After we find out more about the case, we will discuss your choices. We will likewise:
- Gather proof that supports your accusations. - Interview your colleagues, employer, and other associated parties.
- Determine how state and federal laws apply to your scenarios.
- File your case with the Equal Employment Opportunity Commission (EEOC) or another appropriate company.
- Establish what changes or lodgings could satisfy your needs
Your labor and work attorney's main objective is to protect your legal rights.
The length of time do You Have to File Your Orlando Employment Case?
Employment and labor cases generally do not fall under accident law, so the time frame for taking legal action is much shorter than some may expect.
Per the EEOC, you generally have up to 180 days to file your case. This timeline could be longer based on your circumstance. You might have 300 days to submit. This makes looking for legal action important. If you fail to file your case within the appropriate period, you could be disqualified to continue.
Orlando Employment Law Lawyer Near Me. 855-780-9986
We Can Manage Your Employment Litigation Case
If a company breaches federal laws, such as those set by Title VII, the Employee Retirement Income Security Act (ERISA), or the Family and Medical Leave Act (FMLA), employment employment litigation might become needed.
Employment litigation involves concerns including (but not limited to):
- Breach of agreement. - Workplace harassment (racial, sexual, or otherwise).
- Trade secrets and non-compete contracts.
- Wrongful termination.
- Whistle-blowing and retaliation.
- Discrimination versus protected statuses, including sex, special needs, and race
Many of the problems noted above are federal criminal offenses and should be taken extremely seriously.
We Can Defend Your FMLA Rights
The FMLA is a federal statute that applies to workers who need to take time from work for specific medical or household reasons. The FMLA enables the employee to depart and return to their job later.
In addition, the FMLA offers household leave for military service members and their households-- if the leave is associated to that service member's military obligations.
For the FMLA to use:
- The company should have at least 50 staff members. - The employee should have worked for the company for a minimum of 12 months.
- The staff member must have worked 1,250 hours in the 12 months immediately preceding the leave.
You Have Rights if You Were Denied Leave
Claims can emerge when a staff member is denied leave or retaliated versus for trying to depart. For instance, it is unlawful for a company to reject or discourage an employee from taking FMLA-qualifying leave.
In addition:
- It is unlawful for an employer to fire a staff member or cancel his medical insurance because he took FMLA leave. - The employer must renew the employee to the position he held when leave began.
- The company likewise can not bench the employee or transfer them to another area.
- An employer should alert an employee in writing of his FMLA leave rights, particularly when the company is mindful that the staff member has an immediate requirement for leave.
Compensable Losses in FMLA Violation Cases
If the employer breaches the FMLA, an employee might be entitled to recuperate any economic losses suffered, including:
- Lost pay. - Lost advantages.
- Various out-of-pocket expenses
That quantity is doubled if the court or jury discovers that the employer acted in bad faith and unreasonably.
Click to call our Orlando Employment Lawyers today
You are Protected from Discrimination in Florida
Both federal and Florida laws forbid discrimination based upon:
- Religion. - Disability.
- Race.
- Sex.
- Marital status.
- National origin.
- Color.
- Pregnancy.
- Age (normally 40 and over).
- Citizenship status.
- Veteran status.
- Genetic details
Florida laws particularly forbid discrimination versus individuals based on AIDS/HIV and sickle cell trait.
We Can Represent Your Age Discrimination Case
Age discrimination is dealing with an individual unfavorably in the work environment simply because of their age. If you have actually been a victim of age discrimination, Bogin, Munns & Munns is here to represent you.
Under the Age Discrimination in Employment Act of 1967, it is unlawful to discriminate against a private because they are over the age of 40. Age discrimination can often result in negative emotional results.
Our work and labor attorneys comprehend how this can affect a specific, which is why we provide thoughtful and individualized legal care.
How Age Discrimination can Present Itself
We put our clients' legal requirements before our own, no matter what. You deserve a knowledgeable age discrimination lawyer to defend your rights if you are dealing with these circumstances:
- Restricted job development based on age. - Adverse workplace through discrimination.
- Reduced compensation.
- Segregation based upon age.
- Discrimination against benefits
We can show that age was a figuring out aspect in your company's decision to reject you specific things. If you seem like you've been denied advantages or treated unfairly, the work lawyers at our law company are here to represent you.
Submit an Assessment Request kind today
We Can Help if You Experienced Genetic Discrimination at Work
Discrimination based upon genetic info is a federal criminal activity following the passing of the Genetic Information Nondiscrimination Act of 2008 (GINA).
The law prohibits companies and medical insurance companies from victimizing people if, based on their hereditary information, they are discovered to have an above-average risk of developing severe illnesses or conditions.
It is also illegal for employers to use the hereditary information of applicants and employees as the basis for specific decisions, consisting of work, promotion, and termination.
You Can not be Discriminated Against if You are Pregnant
The Pregnancy Discrimination Act prohibits companies from discriminating versus applicants and employees on the basis of pregnancy and associated conditions.
The same law likewise safeguards pregnant ladies versus workplace harassment and secures the same disability rights for pregnant employees as non-pregnant staff members.
Your Veteran Status ought to not Matter in the Workplace
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) secures veterans from discrimination and retaliation in regard to:
- Initial employment. - Promotions.
- Reemployment.
- Retention.
- Employment advantages
We will investigate your circumstance to show that you suffered discrimination due to your veteran status.
You are Protected Against Citizenship Discrimination
Federal laws forbid companies from discriminating against employees and applicants based on their citizenship status. This consists of:
- S. citizens. - Asylees.
- Refugees.
- Recent irreversible homeowners.
- Temporary residents
However, if a permanent resident does not apply for naturalization within six months of becoming qualified, they will not be protected from citizenship status discrimination.
We Protect those Affected by Disability Discrimination
According to the Centers for Disease Control and Prevention (CDC), over 60 million Americans deal with disabilities. Unfortunately, numerous employers refuse tasks to these individuals. Some employers even deny their handicapped employees sensible accommodations.
This is where the attorneys at Bogin, Munns & Munns come in. Our Orlando disability rights attorneys have substantial understanding and experience litigating impairment discrimination cases. We have dedicated ourselves to protecting the rights of people with specials needs.
What does the Law Protect You Against?
According to the Americans with Disabilities Act of 1990 (ADA), discrimination based on impairment is forbidden. Under the ADA, an employer can not victimize an applicant based upon any physical or mental constraint.
It is prohibited to victimize qualified individuals with disabilities in almost any aspect of employment, including, however not restricted to:
- Hiring. - Firing.
- Job applications.
- The interview procedure.
- Advancement and promotions.
- Wages and settlement.
- Benefits
We represent people who have actually been rejected access to work, education, business, and even federal government facilities. If you feel you have actually been discriminated versus based upon a disability, consider working with our Central Florida special needs rights group. We can identify if your claim has legal merit.
Our Firm does Not Tolerate Racial Discrimination
If you have been a victim of racial discrimination in the work environment, let the lawyers at Bogin, Munns & Munns help. The Civil Liberty Act of 1964 prohibits discrimination based upon a person's skin color. Any actions or harassment by employers based on race is an infraction of the Civil Rights Act and is cause for a legal fit.
Some examples of civil liberties infractions consist of:
- Segregating employees based upon race - Creating a hostile workplace through racial harassment
- Restricting a staff member's chance for task development or chance based on race
- Victimizing an employee since of their association with people of a particular race or ethnic background
We Can Protect You Against Unwanted Sexual Advances
Sexual harassment is a form of sex discrimination that breaches Title VII of the Civil Liberty Act of 1964. Unwanted sexual advances laws use to practically all companies and employment service.
Unwanted sexual advances laws secure staff members from:
- Sexual advances - Verbal or physical conduct of a sexual nature
- Requests for sexual favors
- Sexual jokes
Employers bear a responsibility to keep a work environment that is devoid of sexual harassment. Our firm can supply extensive legal representation regarding your employment or unwanted sexual advances matter.
You Can Be Treated Equally in the Hospitality Sector
Our group is here to help you if an employee, coworker, company, or supervisor in the hospitality industry broke federal or local laws. We can take legal action for workplace offenses involving locations such as:
- Wrongful termination - Discrimination versus protected groups
- Disability rights
- FMLA rights
While Orlando is among America's most significant tourist locations, workers who operate at amusement park, hotels, and dining establishments should have to have equivalent chances. We can take legal action if your rights were broken in these settings.
You Can not Be Discriminated Against Based on Your National Origin
National origin discrimination includes dealing with individuals (applicants or workers) unfavorably due to the fact that they are from a specific nation, have an accent, or appear to be of a certain ethnic background.
National origin discrimination also can include dealing with people unfavorably since they are wed to (or connected with) a person of a certain nationwide origin. Discrimination can even happen when the worker and employer are of the very same origin.
We Can Provide Legal Assistance in these Situations
National origin discrimination laws prohibited discrimination when it pertains to any element of work, consisting of:
- Hiring - Firing
- Pay
- Job assignments
- Promotions
- Layoffs
- Training
- Additional benefit
- Any other term or condition of work
It is illegal to harass an individual because of his/her nationwide origin. Harassment can consist of, for instance, offensive or bad remarks about an individual's national origin, accent, or ethnicity.
Although the law does not restrict simple teasing, offhand remarks, or separated events, harassment is prohibited when it creates a hostile work environment.
The harasser can be the victim's manager, a colleague, or somebody who is not an employee, such as a customer or client.
" English-Only" Rules Are Illegal
The law makes it prohibited for a company to execute policies that target specific populations and are not essential to the operation of the business. For example, an employer can not require you to talk without an accent if doing so would not hamper your job-related duties.
A company can just require a staff member to speak fluent English if this is essential to carry out the task efficiently. So, for example, your company can not prevent you from speaking Spanish to your colleague on your lunch break.
We Provide Legal Help for Employers Facing Accusations
Unfortunately, employers can find themselves the target of employment-related lawsuits in spite of their finest practices. Some claims also subject the company officer to personal liability.
Employment laws are complicated and altering all the time. It is vital to think about with a labor and work attorney in Orlando. We can navigate your hard scenario.
Our attorneys represent companies in litigation before administrative agencies, federal courts, and state courts. As kept in mind, we likewise represent them in arbitrations and mediations.
We Can Help with the Following Issues
If you find yourself the subject of a labor and employment work lawsuit, here are some circumstances we can assist you with:
- Unlawful termination - Breach of agreement
- Defamation
- Discrimination
- Failure to accommodate specials needs
- Harassment
- Negligent hiring and guidance
- Retaliation
- Violation of wage and hour laws, including purported class actions
- Violations of non-competition and non-disclosure arrangements
- Unemployment settlement claims
- And other matters
We understand employment litigation is charged with feelings and negative publicity. However, we can assist our customers lessen these unfavorable results.
We also can be proactive in assisting our customers with the preparation and upkeep of worker handbooks and policies for distribution and related training. Often times, this proactive approach will work as an included defense to potential claims.
Contact Bogin, Munns & Munns for more information
We have 13 places throughout Florida. We are pleased to fulfill you in the area that is most hassle-free for you. With our main workplace in Orlando, we have 12 other offices in:
- Clermont - Cocoa
- Daytona
- Gainesville
- Kissimmee
- Leesburg
- Melbourne
- Ocala
- Orange City
- Cloud
- Titusville
- The Villages
Our labor and employment lawyers are here to assist you if a staff member, coworker, company, or manager broke federal or local laws.
Start Your Case Review Today
If you have a legal matter concerning discrimination, wrongful termination, or harassment submit our online Employment Law Questionnaire (for both workers and employers).
We will examine your answers and offer you a call. During this brief conversation, an attorney will go over your current situation and legal alternatives. You can also contact us to speak directly to a member of our personnel.
Call or Submit Our Consultation Request Form Today
- How can I make certain my company accommodates my disability? It is up to the staff member to ensure the employer knows of the special needs and to let the company understand that an accommodation is required.
It is not the company's obligation to acknowledge that the staff member has a need initially.
Once a demand is made, the worker and the company requirement to interact to find if accommodations are in fact required, and if so, what they will be.
Both celebrations have an obligation to be cooperative.
A company can not propose just one unhelpful alternative and after that decline to offer additional alternatives, and employment staff members can not refuse to describe which tasks are being hindered by their disability or refuse to offer medical evidence of their impairment.
If the employee refuses to give pertinent medical proof or discuss why the lodging is needed, the company can not be held accountable for employment not making the lodging.
Even if a person is submitting a task application, a company may be required to make accommodations to assist the applicant in filling it out.
However, like an employee, the candidate is responsible for letting the company understand that a lodging is needed.
Then it is up to the company to deal with the candidate to complete the application process.
- Does a prospective company have to tell me why I didn't get the job? No, they do not. Employers may even be advised by their legal teams not to provide any reason when providing the problem.
- How does the Fair Labor Standards Act (FLSA) work? Part of the Civil Liberty Act of 1964, Title VII secures people from discrimination in aspects of work, including (but not restricted to) pay, category, termination, employing, employment training, referral, promotion, and benefits based on (to name a few things) the individuals color, nation of origin, race, gender, or status as a veteran.
- As an organization owner I am being taken legal action against by one of my previous staff members. What are my rights? Your rights include an ability to intensely protect the claim. Or, if you view there to be liability, you have every right to take part in settlement conversations.
However, you need to have an employment legal representative assist you with your appraisal of the degree of liability and possible damages facing the business before you decide on whether to fight or settle.
- How can a Lawyer safeguard my businesses if I'm being unjustly targeted in an employment associated lawsuit? It is always best for an employer to speak to a work legal representative at the beginning of a concern instead of waiting up until fit is submitted. Many times, the legal representative can head-off a potential claim either through settlement or official resolution.
Employers likewise have rights not to be demanded unimportant claims.
While the problem of evidence is upon the employer to prove to the court that the claim is pointless, if successful, and the company wins the case, it can develop a right to an award of their lawyer's fees payable by the employee.
Such right is usually not otherwise available under most employment law statutes.
- What must a company do after the employer receives notice of a claim? Promptly get in touch with an employment legal representative. There are substantial deadlines and other requirements in reacting to a claim that require knowledge in employment law.
When conference with the lawyer, have him describe his viewpoint of the liability threats and degree of damages.
You must also establish a strategy as to whether to attempt an early settlement or fight all the way through trial.
- Do I need to validate the citizenship of my employees if I am a small company owner? Yes. Employers in the U.S. need to verify both the identity and the work eligibility of each of their staff members.
They must also validate whether or not their employees are U.S. people. These regulations were enacted by the Immigration Reform and Control Act.
An employer would file an I-9 (Employment Eligibility Verification Form) and look over the staff members sent documents declaring eligibility.
By law, the employer should keep the I-9 types for all workers till 3 years after the date of working with, or until 1 year after termination (whichever comes last).
- I pay a few of my employees an income. That implies I do not have to pay them overtime, remedy? No, paying an employee a real income is however one action in effectively categorizing them as exempt from the overtime requirements under federal law.
They need to also fit the "duties test" which needs specific task responsibilities (and lack of others) before they can be thought about exempt under the law.
- How does the Family and Medical Leave Act (FMLA) effect companies? Under the Family and Medical Leave Act (FMLA), qualified private companies are needed to provide leave for picked military, family, and medical reasons.