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Employment Lawyers, Miami
FairLaw Firm: Your Miami Employment Lawyers
Conveniently located in Miami, our employment law firm focuses on resolving work-related disputes and protecting employee rights and interests.
We have extensive experience dealing with employment cases across different employment law adjudicatory bodies, including the EEOC, FCHR, and the Florida federal and state courts.
Our goal is to provide each client with quality representation tailored to their unique and individual needs. This approach leaves each client satisfied and has contributed immensely to our track record of success.
At FairLaw Firm, we handle most cases on a contingency basis. This means that we are wholly invested in the outcome of your case. We become your partners and will work with you to see your case to the very end.
We have also developed retainership plans for employers who either need our help with employment-related issues or to avoid potentially problematic situations in the future.
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I highly recommend Brian Pollock as the best defense attorney for any company or individual that has a lawsuit, hire him. My experience with him was magnificent and perfect, he managed to defend me from 3 labor lawsuits at the same time with very good results.
— ARIES Blinds
— Ken Symons
— Katrina Rosales
Employment Attorneys In Miami For Work-Related Disputes
Employment law governs all aspects of the employer and employee relationship. It protects the worker’s rights, it determines what an employer can legally do, and it helps to ensure a safe and conducive working environment.
For example, Title VII of the Civil Rights Act protects most employees in the United States from discrimination based on their race, color, religion, country of origin, or sex/gender. The law states that these personal traits shouldn’t be considered when making work-related decisions about an employee, such as hiring, firing, the positions held, or pay. Employers are also prohibited from treating their employees poorly on any of these bases as well. Another law, the Fair Labor Standards Act, requires that qualifying employees receive at least a minimum wage and then overtime pay for working more than 40 hours in a workweek. These are but a few of the laws that govern the employee-employer relationship.
Lawyers who practice in this area of the law are known as employment law attorneys. They advise and represent employees whose rights have been violated by their employers or treated unjustly and help them get compensation where possible. These lawyers can also represent or advise employers on best practices to try and avoid costly employment lawsuits or to defend employers who have been sued for violating employment laws.
So, if you have been discriminated against at work, if you were fired from your job, if you were not paid properly, or if you have any other dispute with your employer involving your rights as an employee, an employment lawyer can help to clarify your position and help you determine how best to proceed.
If you are looking for a law firm in the Miami area to help with your employment law issue, then contact the seasoned employment lawyers at FairLaw Firm. We can work to help you resolve your work-related disputes, using our resources, knowledge, and skill to try and get you the best result possible.
Resolving Employment Law Disputes In Miami, FL
Employment claims or disputes can range from involving illegality to breach of contract. Common examples of cases in this area include:
Employment Discrimination Claims:
These claims can arise when an employer engages in discriminatory conduct against an employee or potential employee based on their religion, sex, national origin, pregnancy, disability, or age.
Where a co-worker or a boss has physically or sexually harassed another employee, the victim can take legal action against the company or co-worker. A successful claim will result in the perpetrator being held liable and penalized for their actions.
Overtime and Unpaid Wages Claims:
If you’ve been made to work for an amount below the minimum wage or you exceed working 40 hours in a week without overtime pay, then you may be able to take legal action against your employer to recover the wages owed to you, plus a penalty, plus have your employer pay your attorneys’ fees.
If an employee was fired inappropriately or without following an agreed-upon procedure, the employee could take action against the employer to recover the wages that they should have been paid but were not paid – including commissions. Cases of constructive dismissal, where the employer’s hostile conduct compels the employee to resign, can also be a basis for a wrongful termination claim.
Our attorneys represent tipped workers, such as waitresses, servers, bartenders, or bussers, who were cheated of their wages, overtime earnings, or improperly distributed tips. In such cases, the goal is to help the client recover all they have earned, plus an equal amount as a penalty, plus attorneys’ fees.
Our firm also helps employees who were paid as independent contractors when they should have been paid and treated as employees, thus depriving them of their minimum wages, overtime, and other entitlements.
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Common Employment Law Questions
Where To File Employment Claims?
Knowing where to file an employment claim is crucial. Filing a case in a court without having filed it with the appropriate agency first can result in losing the ability to pursue that claim forever. On the other hand, filing a claim with an administrative agency that could have been filed directly in court results in an unnecessary delay in getting justice.
Employment claims involving certain types of issues must first be filed with an administrative agency that is a part of a governmental organization, and these organizations include the following:
Equal Employment Opportunity Commission (EEOC)
This federal agency is responsible for investigating employment discrimination cases involving a violation of certain federal employment laws. To start a claim with the EEOC, a Charge of Discrimination must be filed. If you are required to file your claim with the EEOC before filing a lawsuit, then FairLaw Firm can help you with this process.
Occupational Safety and Health Administration (OSHA)
The OSHA is an arm of the United States Department of Labor. OSHA aims to ensure that all employees can work in a safe and healthy environment, so OSHA encourages employees to report any non-compliance with its safety standards. Employees who report violations of the OSHA standards are protected from retaliation and can file a whistleblowing complaint within the specified time limit, or they can file a lawsuit based on a violation of an OSHA standard in court without having to go through OSHA’s process.
The Florida Commission on Human Relations (FCHR)
This Florida state agency is charged with investigating discrimination cases under the Florida Civil Rights Act. You can initiate a case with the FCHR by filing an Employment Inquiry or by dual-filing a Charge of Discrimination with another agency – such as the EEOC – that has a work-sharing agreement with the FCHR. Certain discrimination claims must be filed with the FCHR (or the EEOC) before they can be filed in court.
State and Federal Courts
For many employment law cases, court is usually the last resort after filing with an administrative agency. Other employment cases involving breach of contract, unpaid wages, minimum or overtime wages, and certain types of retaliation can be filed in court as soon as they occur and without the delay that comes with filing with an administrative agency.
What Happens When Your Employment Claim Is Successful?
If you are successful in proving your employment claim, you may be entitled to the following benefits:
- Financial compensation (money) from the employer in the form of damages, which can include back wages, the value of lost benefits, future lost wages;
- Emotional distress damages to compensate you for how you felt as a result of being mistreated;
- Punitive damages to punish your employer or former employer; and
- Reinstatement to the position you would or should have held if you were not improperly treated.
These benefits or remedies are not awarded as a matter of course; instead, they are available only to those who have successfully proven their case. Thus, working with an employment law attorney with significant experience in employment law practice is crucial. The lawyers at FairLaw Firm know the law and the elements that are required to be proven in each case.
What Is The Difference Between Labor Law And Employment Law?
Labor and employment law differ in several ways, the most obvious of which is the number of employees they protect. Labor law matters deal with the collective rights of a group of workers or their unions. In contrast, employment laws regulate the relationship between employees and employers and help protect individual employee rights.
When Can I File An Employment Law Claim?
It is best to file an employment law claim immediately after an undesirable act occurs. This is because such claims are subject to different time limits within which a complainant must begin their claim. For instance, the time limit to pursue a whistleblower claim against a public employer can be as short as 90 days from the date of the incident. Beginning your case after the deadline expired would likely invalidate your claim, leaving you without any legal remedy.