Florida Labor Laws

If your employer has treated you poorly, your reaction might be to make your employer pay for violating one or more Florida employment statutes. However, you should first speak with an experienced employment law attorney to decide whether you should file a civil lawsuit against your employer.

Your lawyer might decide that negotiating a settlement out of court represents the most effective legal strategy. Litigation can be time-consuming, as well as emotionally draining. In some cases, employers refuse to come to the negotiating table, which leaves a lawyer with no other option than to file a civil lawsuit that seeks monetary damages.

When referring to discrimination statutes, many states use the term “protected classes” that include age, gender, and national origin. Florida discrimination in the workplace laws use the term “protected traits.” Typically, if an employer in the Sunshine State makes a labor decision based on a protected trait, the employer has violated discrimination in the workplace law.

This is one of the most frequently asked employment law questions by our Florida clients. The best answer is if you feel uncomfortable when a boss or co-worker is around you at work and outside of work, you should contact an employment law attorney to determine how to proceed.

Although your employer should explain its sexual harassment policy in the employee handbook, the fact remains that some employers do not provide the same protections against sexual harassment that are required by state law.

Keep in mind that there are two broad categories of sexual harassment.

1.      Quid quo pro-Employer makes an employment decision based on how you respond to sexual advances
2.      Hostile work environment-Revealing photos, overly physical interactions, and explicitly crude jokes in the workplace

You should never accept sexual harassment because you fear losing your job. Florida whistleblower protection statutes protect you against any backlash from your employer.

If you have experienced sexual harassment in the workplace, you might be tempted to act with a sense of urgency and lash back at your employer for committing or condoning the acts of sexual harassment. According to Florida labor laws, you must follow a few steps that might stop the harassing behavior before you decide to file a civil lawsuit.

First, speak with the worker who is harassing you. If there is more than one harasser, take the time required to speak with each co-worker. If you do not feel comfortable speaking with one or more harassers, then speak with a human resources manager to stop the unlawful behavior. You should refer to your employee handbook to determine the process your employer has established for handling sexual harassment complaints.

If your employer does not have a sexual harassment policy in place or refuses to address your concerns, then the time has come to contact a state-licensed employment law attorney.

The short answer to this question is an emphatic no.

Employment law attorneys are much more than persuasive litigators. Many of their cases never see the light of a courtroom because they are skilled negotiators that get the best deals for their clients. Going it alone during negotiations with your employer means you probably end up negotiating with an attorney who works for your employer. An employment law attorney can negotiate a severance package, get you just compensation for your pain and suffering, and ensure your employer never commits another violation of Florida labor laws.

Even the best workers make mistakes.

Many employers have established a disciplinary process that starts with a verbal warning. The next step is a write-up that documents the incident that prompted your employer to invoke this step in the disciplinary process. Most employers allow for three write-ups before more forceful discipline is implemented.

Follow these rules when you receive a write-up at work to prevent escalating the situation:

•       Stay professional
•       Read the write-up
•       Review the supporting paperwork
•       Sign the write-up

Contact an attorney after receiving a write-up only if you believe your employer has violated one or more Florida labor laws.

Most employers do not go out of their way to educate their workers about their rights in the workplace. If you think your employer has violated one or more Florida labor laws, contact Morgan & Morgan to schedule a free initial consultation.