Employment law

There are both Federal and State laws that protect employees from wrongful termination and firing, along with the failure to pay minimum wage and overtime. Our firm handles matters involving wrongful termination and firing, along with the failure to pay minimum wage and overtime. If you feel that you have been wrongfully treated in the work-place, browse the topics below and contact our office at 305-227-4030 so we can help you.
 

Wrongful termination

If you feel that you have been wrongfully terminated, there are options. You may have the ability to obtain compensation from your employer in the form of lost wages, emotional distress, and even other types of financial compensation. In order to evaluate your options, we would have to analyze if the termination was for cause and wrongful termination.
Termination for cause allows an employer to fire you for a legitimate reason. These reasons include failure to appear at work, failure to perform duties at work, and even illegal activities that you engage in on the job. Your employer may also be able to fire you for illegal activities that you partake in when you are off the clock and off the premises. The type of job you have has a lot to do in determining whether the employer can fire you for illegal activities that you partake in when you are off the clock and off the premises.
If you are fired for any discriminatory reason such as your race, nationality, gender, age, sexual orientation, disability, or any other reason that is protected by law, this constitutes unlawful termination. There are Federal and State laws designed to protect employees from these unlawful acts.
In most cases, you are eligible to file a claim on the date of termination, if it is deemed that your termination was not lawful. It is important to contact an attorney to help you determine what your rights are and advise you on the best way to handle your specific situation. Give us a call at 305-227-4030 or email us at legal@raygarcialaw.com today to schedule an appointment, so we can help you.
 

Unpaid Minimum Wage

Each year, according to Florida wage laws, Florida’s minimum wage is subject to an annual increase based on inflation.  All hours worked by an employee need to be compensated by the employer, including time preparing your area or clearing up a workstation, even logging into your computer or particular programs used by your employer along with any other time that an employee is working. By way of example, it is unlawful for your employer to make you arrive at 8:30 am to prepare for work, but then have you clock in to work at 8:45am. Your employer must pay you for those 15 minutes that you were preparing your work area. Another common illegal action that employers take is that your employer does not pay you your last week if you quit or if you were terminated. This is illegal. If you have experienced any type of employer action that you believe resulted in wages that you were entitled to, not being paid or if you did not receive minimum wage for all hours worked, give us a call at 305-227-4030 or email us at legal@raygarcialaw.com today to schedule an appointment, so we can help you.
 

Unpaid Overtime

Florida overtime laws essentially defer to Federal law. Florida follows the Federal labor laws and does not have any state-specific exemptions in its Florida overtime rules, meaning, all non-exempt employees must be paid overtime pay of time and a half for any hours worked over 40 hours during a workweek. Covered nonexempt employees must receive overtime pay for hours worked over 40 hours per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours an employee 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. Additionally, employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.

 

It is vital to keep track of your hours worked and duties performed while on the job, to make sure you receive the proper compensation from your employer. When there is an inconsistency between the amount that you are paid and the amount you are entitled to, based on the hours worked, you should bring this problem to your employer’s attention. If you have attempted to resolve the matter with your employer and you are unsuccessful in doing so, then give us a call at 305-227-4030 or email us at legal@raygarcialaw.com today to schedule an appointment, so we can help you.