Labor & Employment Lawyers in Deland, FL 

Most employees are unsure about their rights and what to do next when they experience mistreatment or wage theft at their workplace. An experienced labor attorney can help you understand your rights and walk you through your options. We could help you file a charge with the Department of Labor or the EEOC and take your employer to court if necessary. A Morgan & Morgan labor lawyer can:

• Explain your legal rights and options 
• File a claim with the relevant state or federal agency
• Gather and present evidence to prove your employment claim
• Negotiate a settlement with your employer
• Calculate your damages such as missing overtime pay and benefits  
• File a lawsuit against your employer and fight for what you deserve

According to figures from the EEOC, the charges filed in 2020 include (in descending order of frequency):

1. Retaliation
2. Disability 
3. Race 
4. Sex 
5. Age
6. National Origin
7. Color
8. Religion
9. Equal Pay

As previously stated, retaliation was by far the most common type of charge filed, making up almost 56 percent of all charges in 2020.

Whether you can sue your employer depends on whether the unfair treatment you experience amounts to a violation of labor regulations and laws. Unfair treatment as such, although upsetting, does not usually qualify for a lawsuit. However, if your employer broke the law, you could pursue compensation. Examples of unlawful work practices include:

• Discrimination based on age, gender, or another protected characteristic
• Violating an hour or wage law
• Retaliating against employees
• Breaching employment contract terms
• Wrongful termination

The best way to determine whether you have a case is to get in touch with an employment lawyer and discuss your circumstances. 

Federal and state laws protect workers’ rights to a safe work environment free from harassment. While one offensive joke or comment from an employer does not necessarily qualify for a hostile work environment claim, discriminatory harassment is illegal. 

Therefore, if you experience harassment based on a protected class such as age, color, race, sex, disability, and others, you could have a claim against your employer. Examples of actions that fuel a hostile work environment can include:

• Racial slurs
• Consistent aggression and yelling at employees
• Sexual jokes
• Disparaging comments about a worker’s age
• Threatening an employee with physical violence
• Intimidation
• Making negative statements about a worker’s sex 
• Requesting sexual favors in return for better pay or a promotion

If an employer in Deland terminates you for filing a workers’ comp claim or assisting another employee with a claim, they are illegally retaliating against you. Moreover, you could file a lawsuit for wrongful termination and receive compensation. Since proving wrongful termination can be challenging in at-will states such as Florida, consider getting one of our labor and employment lawyers in Deland on your side. 

We could help you sue your employer and seek compensation such as back pay, emotional distress, and other damages. 

If an employer determines your work hours, tells you what to do, and pays you a regular hourly or weekly salary, you are most likely an employee and not an independent contractor. On the other hand, contractors set their own hours and generally work on a project-by-project basis without instruction.

Since employers do not pay Social Security and unemployment insurance taxes for contractors, they can save a considerable amount on labor costs. Therefore, unethical employers are defrauding the United States government and taking money out of workers’ pockets at the same time. An employee classified as an independent contractor misses out on several potential benefits and protections, such as workers’ compensation insurance and unemployment payments. Moreover, misclassified workers generally pay higher taxes than employees.

Our employment lawyers want to help if you are an independent contractor who should be classified as an employee. You may qualify for compensation.

How much time you have available to seek damages will depend on the type of case you are bringing. In most cases involving discrimination or harassment, victims must file a charge or civil rights complaint with the EEOC within 180 days of the discriminatory act. The EEOC, after investigation, issues claimants with a “Notice of Right to Sue,” which permits them to file a lawsuit against their employer.

However, claims for wage theft, wrongful dismissal, or breach of employment contract could be subject to varying statutes of limitations and deadlines. In Florida, this time limit is set at only two years. Therefore, it is crucial to promptly speak to a labor lawyer to ensure you are not running out of time. Recovering damages is virtually impossible once the statute of limitations has passed for your type of lawsuit.

We take employment cases on a contingency fee basis, which means you pay nothing unless we win and you recover a settlement. We want mistreated workers to have the best shot at getting what they deserve, regardless of their financial means. 

Discrimination, harassment, and wage theft are issues that can severely impact your career and bank balance. However, getting bullied at work or being paid less than you deserve can also destroy your self-confidence and negatively affect your family relationships and home life. 

Morgan & Morgan believes that no employee in this country should put up with mistreatment and exploitation. Our labor and employment lawyers in Deland are here to hold unscrupulous employers to account for their actions and help you fight for what you deserve. 

If you experienced discrimination, wage theft, or another violation of your civil and employment rights, we could help you recover damages from the responsible party. Contact us today for a free, no-obligation consultation to determine your next best steps.