Wrongful termination can occur for any number of reasons. Some more obvious instances of wrongful firing occur when an employer fires a person because of age or directly after a worker files a workers’ compensation claim. Other instances, such as when an employer fires someone because of race or gender, are not so obvious. Regardless of the reason, wrongful termination is difficult to prove and requires the investigative skills and resourcefulness of an experienced wrongful termination lawyer.

Common Types of Wrongful Termination 

Wrongful termination can take many forms. Though laws vary from state to state, below are five times when your firing may have been illegal:

• You Were Discussing Labor Issues With Coworkers: Per the National Labor Relations Act, individuals employed in the U.S. cannot be fired for discussing workplace or labor issues with colleagues. This is true regardless of whether or not you are protected by a Union. If you were fired for talking with a coworker about improving work conditions, increasing wages, or inciting some type of improvement, you may have a retaliation and wrongful termination claim.
• Your Contract Requires a “Cause” for Termination: Like all other states in the Union, Florida is an “at will” employment state, meaning that employers do not have to have a reason for firing employees (so long as reasons are never illegal). However, if you signed an employment contract that specifically states that you cannot be fired without “cause,” which should be outlined in the contract, but you are terminated regardless without cause, you may have a wrongful termination suit. You may also have a claim if you were let go with cause but the cause was not one listed in your contract.
• Your Employer Retaliated Against You: If you were fired soon after filing a whistleblower claim, filing a workers’ compensation claim, or performing some other protected activity, your termination may be an act of retaliation. If it is, your employer may face impending legal troubles.
• Your Employer Discriminated Against You: Despite the strides our country has made in terms of discrimination of any kind, you would be surprised by just how often workplace discrimination continues to occur. The Equal Opportunity Employment Commission outlines the various types of discrimination and relevant laws that protect employees’ rights.

Wrongful termination is not limited to the above instances. However, above are the most common forms that wrongful termination take.

Contact a Tampa Labor And Employment Lawyer 

If you believe that your employer fired you for an illegal reason, you may have rights to damages, severance pay, and unemployment compensation. You may even have grounds for a wrongful termination lawsuit. An experienced Tampa wrongful termination attorney can help you explore your legal options and make the most of your situation. Contact Barbas, Nuñez, Sanders, Butler & Hovsepian today to learn more.

Resource:

nlrb.gov/resources/national-labor-relations-act

https://www.barbaslaw.com/what-are-your-rights-to-overtime-in-florida/

Overtime Laws in Florida 

Because Florida does not have its own set of wage and overtime rules, it adheres to the Fair Labor Standards Act (FLSA), which requires that all non-exempt employees who work more than 40 hours in any given workweek be paid time and a half, or 1.5 times their standard rate of pay, for every hour worked beyond the traditional 40. Exemptions outlined in the FLSA also apply to Florida employees. Some common exemptions are as follows:

• Some salaried employees;
• Professionals;
• Executives;
• Administrative professionals; and
• Computer employees.

Though companies are free to use their discretion regarding holiday pay and additional compensation for time worked on major holidays, state law does not require premium pay for holidays. Nor does the FLSA or any other states’ laws.

Some states’ laws mandate specific pay periods. For instance, a pay period may be every 14 days, or every seven days. Florida law nor the FLSA have set pay periods. Pay periods may be whatever employees choose to make it.

Pay for Breaks 

Pay for breaks is another major concern when it comes to overtime. Florida employers are not required to give employees breaks, but if they do, they must abide by federal requirements. Requirements state that if an employer offers or mandates that employees take breaks of 20 minutes or less, the employer is required to pay workers for that time. However, employers are not required to pay workers for relieving them of their duties and having them take meal breaks that are 30 minutes or more.

Remedies for Overtime Violations 

As with regulations, Florida lawmakers refer to the FLSA for remedies of overtime violations. Per federal law, employees can recoup all unpaid overtime for up to three years prior to the date on which they file their lawsuits. In most cases, labor courts award workers “liquidated damages,” which are equivalent to the amount of unpaid overtime. With the right lawyer, plaintiffs may also be able to recover all expenses associated with the claim, including attorney fees and courts costs.

One might assume that one would be fired after filing an overtime dispute against one’s employer. Though it is likely that a claim would cause tension between employer and employee, an employer may not retaliate against a worker for choosing to exercise his or her rights to overtime pay. Protected rights include the following:

• The right to file a formal complaint regarding an employer’s alleged noncompliance;
• The right to notify any individual about the employer’s alleged noncompliance; and
• The right to inform any worker of his or her potential rights and to assist him or her in asserting said rights.

That said, employers do have the right to be notified of wage and hour disputes and to remedy the situation within 15 days. If an employer does remedy the issue by paying unpaid wages within the 15-day period, the employee may not pursue a legal claim. However, if the opposite occurs, the employee may pursue an overtime violation claim and recover back wages and liquidated damages. The employer may also be subject to a $1,000 fine for every willful violation of a similar nature.

Contact a Tampa Labor And Employment Attorney 

If you have worked overtime for your employer but have not been paid for your efforts, you may be entitled to backpay and additional damages. However, before you make waves with your employer, reach out to the Tampa wage and hour lawyers at Barbas, Nuñez, Sanders, Butler & Hovsepian to discuss your situation and all possible options. There may be a better way to recover what your employer owes you without resorting to filing a lawsuit. Contact our office today to schedule an initial consultation.

https://www.barbaslaw.com/workers-compensation-can-i-sue-my-employer-instead/

But if you are experiencing workplace discrimination, there are actually several steps you can take to assert your rights and ensure the harassment stops.

First, Your Employer

First, make your employer aware that you are experiencing the discrimination. Both in order to pursue legal action and to try to get your employer on your side, you need to make it as clear as possible that the discriminatory conduct you’re experiencing is unwelcome and you want it to stop. More than simply orally expressing this, you should also indicate to your employer that you take the conduct seriously. Insist on documentation of your reports of the harassment or discrimination and request an investigation for disciplinary action, and of course, keep documentation yourself.

Second, the EEOC

Ideally, workplace discrimination could end with this step. Certainly, some responsible employers are capable of investigating and ending incidences of harassment that are reported to them. However, if necessary, your next step may be to contact the federal Equal Employment Opportunity Commission (EEOC) directly. This agency is responsible for ensuring that employers comply with law requiring them to properly investigate and resolve discrimination in the workplace. Involving the EEOC may also help protect you from possible retaliation, and will likely signal to your employer that they should address your concerns quickly and efficiently, lest they face federal scrutiny.

To file a charge of discrimination in the workplace with the EEOC, you may contact the EEOC field office closest to you. Depending on your state, you may have 300 or only 180 days to file your sworn charge , so it is important that you evaluate your options and contact the Commission as soon as possible to avoid missing any deadlines. The EEOC accepts filings by mail or, in some field offices, in person. You can also begin the process of filing your charge by phone (though you will still need to submit documentation by mail or in person after your call). Be sure to indicate the charge is also being “dual filed” with any state agency, if applicable, to ensure your administrative remedies are exhausted. While our firm does prefer to be involved in the charge filing process with the EEOC and any state agency, an lawyer is not required.

Third, an Lawyer

If you are facing workplace discrimination, taking the previous two steps is a great start. But an even more important consideration is finding adequate representation. Working through a workplace discrimination claim can be a long process, and navigating harassment issues with your employer can be difficult and trying. With issues like job transition, assuring equal compensation, and avoiding retaliation moves like demotion or dismissal, it helps to have an experienced and skilled lawyer at the helm. At Barbas, Nunez, Sanders, Butler & Hovsepian, Lawyers and Counselors at Law, we represent victims of workplace discrimination, harassment, and retaliation zealously to ensure that our clients are afforded equal employment opportunities in the workplace. If you believe you may be experiencing workplace discrimination, harassment or retaliation call toll-free at 1 (800) 227-2275 to contact one of our Tampa lawyers.

The bill involves some major changes to federal agency Equal Employment Opportunity programs. If the bill is signed into law, every federal agency will need to restructure its administrative law proceedings and protocols to ensure that Equal Employment Opportunity program heads report directly to federal agency heads. Agencies would also be required to place notices on their own websites for at least a year if it’s found that the agency engaged in discrimination, stating as such. Currently, some agencies are required to make disclosures, however, this bill will dramatically expand federal agencies’ responsibilities to actively notify current and potential employees.

Purpose of the Bill

The idea behind the bill’s new requirements is to address what is seen as a disconnect between findings of discrimination and discipline of responsible employees. When findings of discrimination have been made in federal agencies, it does not generally result in disciplinary action against the supervisor responsible for the discrimination. This occurs for a variety of reasons, including a lengthy time span between the complainant’s first allegation and the determination of the claim, movement between jobs, or an agency’s desire not to hold individual supervisors responsible. The new bill’s requirements are intended to encourage agencies to take disciplinary action directly against supervisors.

The bill also contains another provision likely to ruffle the feathers of administrative agencies. In general, federal agencies settling claims of Equal Employment Opportunity-related issues or discrimination suits insist on including in the settlement agreement a provision requiring nondisclosure to other federal bodies. That is, the settlement agreement requires nondisclosure of the terms of the agreement to Congress, the Office of the Inspector General, or the U.S. Office of Special Counsel. The new bill prohibits this practice, and is likely to make waves with federal agencies that consider these types of nondisclosure agreements to be routine inclusions that protect their reputations and standing.

Considering that the act passed in the House of Representatives unanimously, it is likely to pass the Senate as well. The Senate received it on July 22, 2015, and the bill has been referred to the Committee on Homeland Security and Governmental Affairs.

Could You Be Affected?

Workplace discrimination is more common than some people think, and legislation surrounding its litigation and regulation is continuing to change. Workplace discrimination within a government agency, in particular, continues to be thorny at best. If you’ve suffered discrimination in the workplace, in a federal agency or another location, consulting legal counsel may be your first step in recovering and in changing your situation. At Barbas, Nunez, Sanders, Butler & Hovsepian in Tampa, we have experience in negotiating workplace discrimination cases in a variety of environments. Call toll-free at 1 (800) 227-2275 for a consultation today.

The underlying facts of the case involved a former front desk manager, Peguy Delva, who sued her employer, the Continental Group Inc., for employment discrimination based on her pregnancy. Delva claimed that after notifying her employer of her pregnancy, she was no longer allowed to pick up additional shifts and was informed that she no longer had a job after she returned to work a few weeks after giving birth. The case challenged whether pregnancy-based discrimination was protected under the FCRA.

According to Section 760.01(2) of the FCRA, the purpose of the act was to protect individuals from “discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status.” At the federal level, Title VII of the Civil Rights Act of 1964 had been amended to include pregnancy as a protected status within sex discrimination through the Pregnancy Discrimination Act. However, it was unclear whether pregnancy-based discrimination would be protected under the statutory language of the FCRA for state claims.

In a 6-1 decision, the Florida Supreme Court overturned the rulings of the lower courts and held that the FCRA ‘s prohibition against sex discrimination in employment practices extended to pregnancy-based discrimination as pregnancy is a “natural condition and primary characteristic unique only to the female sex.” The Florida Supreme Court reasoned that a strict interpretation of the FCRA would undermine the legislative intent of the Act “to secure all individuals within the state freedom from discrimination” because of sex.

Although the court’s ruling did not explicitly address whether pregnancy discrimination was applicable in places of public accommodation, the amendment to the FCRA expressly extended the prohibition against pregnancy discrimination in both employment situations and public accommodations like hotels and food service establishments.

Implications for Employers

Under the FCRA, employers are prohibited from discriminating against pregnant women in a manner that constitutes an unlawful employment practice. Examples of prohibited acts include the following:

• discharging or failing to hire an individual, or otherwise discriminating against an individual with respect to employment compensation, terms, conditions, or benefits of employment;
• refusing to refer individual for employment;
• depriving an employee or applicant of employment opportunities; and
• discrimination in admission to or employment in training programs.

Implications for Plaintiffs

Under the amended law, a Florida plaintiff will have the option to file a pregnancy discrimination claim in state court under the FCRA as well as Title VII in federal court. Previously, a plaintiff had standing to file a pregnancy discrimination claim in federal court as it was unclear whether the FCRA would apply in state courts. Additionally, the Florida law gives plaintiffs an additional 6 months to file a charge of discrimination claim. Under federal law, plaintiffs are required to file a charge of discrimination claim under Title VII with the Equal Employment Opportunity Commission within 180 days of the date of the alleged discrimination, otherwise the claim will be dismissed as untimely. Under the FCRA, plaintiffs have 365 days to file a charge of discrimination claim with the Florida Commission on Human Relations before a claim is dismissed as untimely.

Contact a Florida Labor and Employment Lawyer Today

As of July 1, 2015, pregnancy-based discrimination in employment and public accommodations will be expressly prohibited. If you believe you have experienced discrimination in your workplace by your employer because you are pregnant, you may be entitled to a financial compensation. The Tampa lawyers at Barbas, Nuñez, Sanders, Butler & Hovsepian are experienced in representing clients in labor and employment matters including employment discrimination, sexual harassment, and wrongful termination cases. We offer a free, no obligation consultation and are ready to answer any legal questions you may have. Contact us today toll-free at 1-800-227-2275 or via our website to schedule a free consultation to discuss your next steps.