In a time like this, we understand that you want a lawyer knowledgeable about the intricacies of employment law. We will help you navigate this complicated process.
We represent employers and staff members in disputes and litigation before administrative companies, federal courts, and state courts. We likewise represent our customers in arbitrations and mediations.
We Handle the Following Labor and Employment Practice Areas
Here are a few of the problems we can handle in your place:
Wrongful termination
- Breach of agreement
- Violation of wage and hour laws, including purported class actions
- Violations of non-competition and non-disclosure agreements
- Discrimination (e.g., age, sex, race, faith, equivalent pay, special needs, and more).
- Failure to accommodate impairments.
- Harassment
Today, you can speak with one of our employee about your scenario.
To seek advice from a skilled employment law lawyer serving Orlando.
855-780-9986
How Can Our Firm Help You?
Our company does not endure discrimination of any kind. After we discover more about the case, we will discuss your choices. We will also:
- Gather proof that supports your accusations.
- Interview your colleagues, boss, and other associated parties.
- Determine how state and federal laws use to your circumstances.
- File your case with the Equal Job Opportunity Commission (EEOC) or another relevant agency.
- Establish what modifications or accommodations might satisfy your needs
Your labor and employment legal representative's primary objective is to protect your legal rights.
For how long do You Need To File Your Orlando Employment Case?
Employment and labor cases usually do not fall under individual injury law, so the time frame for taking legal action is much shorter than some may anticipate.
Per the EEOC, you generally have up to 180 days to submit your case. This timeline could be longer based upon your circumstance. You could have 300 days to file. This makes seeking legal action crucial. If you fail to submit your case within the suitable period, you could be ineligible to proceed.
Orlando Employment Law Lawyer Near Me.
855-780-9986
We Can Manage Your Employment Litigation Case
If an employer breaches federal laws, such as those set by Title VII, the Employee Retirement Income Security Act (ERISA), or the Family and Medical Leave Act (FMLA), employment litigation might become essential.
Employment litigation involves problems including (but not limited to):
- Breach of agreement.
- Workplace harassment (racial, sexual, or otherwise).
- Trade tricks and non-compete agreements.
- Wrongful termination.
- Whistle-blowing and retaliation.
- Discrimination against protected statuses, consisting of sex, impairment, and race
A number of the concerns listed above are federal criminal offenses and need to be taken really seriously.
We Can Defend Your FMLA Rights
The FMLA is a federal statute that uses to staff members who need to require time from work for certain medical or household factors. The FMLA allows the worker to take leave and return to their task later.
In addition, the FMLA offers family leave for military service members and their households-- if the leave is associated to that service member's military responsibilities.
For the FMLA to use:
- The company must have at least 50 workers.
- The employee needs to have worked for the employer for a minimum of 12 months.
- The worker must have worked 1,250 hours in the 12 months right away preceding the leave.
You Have Rights if You Were Denied Leave
Claims can arise when a worker is rejected leave or struck back versus for trying to take leave. For example, it is illegal for a company to reject or dissuade an employee from taking FMLA-qualifying leave.
In addition:
- It is unlawful for a company to fire a worker or cancel his medical insurance coverage due to the fact that he took FMLA leave.
- The employer must restore the employee to the position he held when leave started.
- The company likewise can not bench the employee or move them to another area.
- An employer should alert a staff member in writing of his FMLA leave rights, specifically when the employer is aware that the employee has an urgent requirement for leave.
Compensable Losses in FMLA Violation Cases
If the company breaches the FMLA, a staff member may be entitled to recover any economic losses suffered, including:
- Lost pay.
- Lost advantages.
- Various out-of-pocket expenditures
That amount is doubled if the court or jury finds that the employer acted in bad faith and unreasonably.
Click to contact our Orlando Employment Lawyers today
You are Protected from Discrimination in Florida
Both federal and Florida laws forbid discrimination based on:
- Religion.
- Disability.
- Race.
- Sex.
- Marital status.
- National origin.
- Color.
- Pregnancy.
- Age (usually 40 and over).
- Citizenship status.
- Veteran status.
- Genetic info
Florida laws specifically forbid discrimination versus people based on AIDS/HIV and sickle cell characteristic.
We Can Represent Your Age Discrimination Case
Age discrimination is treating an individual unfavorably in the workplace just because of their age. If you have actually been a victim of age discrimination, Bogin, Munns & Munns is here to represent you.
Under the Age Discrimination in Employment Act of 1967, it is illegal to discriminate against an individual due to the fact that they are over the age of 40. Age discrimination can typically result in adverse emotional effects.
Our employment and labor attorneys comprehend how this can impact a specific, which is why we supply caring and customized legal care.
How Age Discrimination can Emerge
We place our clients' legal needs before our own, no matter what. You should have a knowledgeable age discrimination lawyer to protect your rights if you are facing these circumstances:
- Restricted job development based upon age.
- Adverse work environment through discrimination.
- Reduced payment.
- Segregation based upon age.
- Discrimination versus opportunities
We can prove that age was a determining consider your company's decision to deny you particular things. If you feel like you have actually been denied benefits or treated unfairly, the employment attorneys at our law practice are here to represent you.
Submit an Assessment Request kind today
We Can Help if You Experienced Genetic Discrimination at Work
Discrimination based on genetic information is a federal criminal offense following the death of the Genetic Information Nondiscrimination Act of 2008 (GINA).
The law prohibits employers and medical insurance companies from victimizing people if, based on their genetic details, they are found to have an above-average danger of developing serious diseases or conditions.
It is likewise illegal for companies to utilize the hereditary information of applicants and workers as the basis for specific choices, consisting of work, promotion, and termination.
You Can not be Discriminated Against if You are Pregnant
The Pregnancy Discrimination Act forbids companies from discriminating versus candidates and workers on the basis of pregnancy and related conditions.
The exact same law also protects pregnant women against work environment harassment and secures the very same impairment rights for pregnant employees as non-pregnant employees.
Your Veteran Status ought to not Matter in the Workplace
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) secures veterans from discrimination and retaliation in regard to:
- Initial employment.
- Promotions.
- Reemployment.
- Retention.
- Employment advantages
We will investigate your situation to prove that you suffered discrimination due to your veteran status.
You are Protected Against Citizenship Discrimination
Federal laws forbid employers from discriminating versus staff members and applicants based on their citizenship status. This includes:
- S. people.
- Asylees.
- Refugees.
- Recent permanent citizens.
- Temporary locals
However, if a permanent resident does not look for naturalization within six months of ending up being qualified, they will not be protected from citizenship status discrimination.
We Protect those Affected by Disability Discrimination
According to the Centers for Disease Control and Prevention (CDC), over 60 million Americans live with impairments. Unfortunately, numerous employers refuse jobs to these people. Some employers even reject their handicapped employees reasonable lodgings.
This is where the attorneys at Bogin, Munns & Munns can be found in. Our Orlando disability rights attorneys have comprehensive understanding and experience litigating disability discrimination cases. We have devoted ourselves to safeguarding the rights of individuals with specials needs.
What does the Law Protect You Against?
According to the Americans with Disabilities Act of 1990 (ADA), discrimination based on special needs is restricted. Under the ADA, a company can not discriminate versus an applicant based on any physical or psychological limitation.
It is unlawful to victimize qualified people with impairments in almost any element of work, consisting of, but not limited to:
- Hiring.
- Firing.
- Job applications.
- The interview process.
- Advancement and promos.
- Wages and payment.
- Benefits
We represent people who have actually been rejected access to employment, education, organization, and even federal government centers. If you feel you have actually been discriminated against based on an impairment, think about dealing with our Central Florida disability rights team. We can figure out if your claim has legal merit.
Our Firm does Not Tolerate Racial Discrimination
If you have been a victim of racial discrimination in the work environment, let the attorneys at Bogin, Munns & Munns aid. The Civil Rights Act of 1964 prohibits discrimination based on a person's skin color. Any actions or harassment by employers based on race is a violation of the Civil Rights Act and is cause for a legal match.
Some examples of civil liberties violations consist of:
- Segregating employees based upon race
- Creating a hostile workplace through racial harassment
- Restricting an employee's chance for task improvement or opportunity based upon race
- Discriminating versus a worker because of their association with individuals of a specific race or ethnic culture
We Can Protect You Against Sexual Harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwanted sexual advances laws apply to virtually all companies and employment firms.
Unwanted sexual advances laws protect employees from:
- Sexual advances
- Verbal or physical conduct of a sexual nature
- Ask for sexual favors
- Sexual jokes
Employers bear a duty to maintain a workplace that is without sexual harassment. Our company can offer extensive legal representation concerning your work or sexual harassment matter.
You Deserve to Be Treated Equally in the Hospitality Sector
Our team is here to assist you if an employee, coworker, company, or supervisor in the hospitality market broke federal or regional laws. We can take legal action for office violations involving locations such as:
- Wrongful termination
- Discrimination versus secured groups
- Disability rights
- FMLA rights
While Orlando is among America's greatest tourist destinations, employees who work at theme parks, hotels, and restaurants are worthy of to have equivalent opportunities. We can take legal action if your rights were breached in these settings.
You Can not Be Victimized Based on Your National Origin
National origin discrimination involves dealing with individuals (applicants or staff members) unfavorably due to the fact that they are from a specific country, have an accent, or seem of a specific ethnic background.
National origin discrimination also can include dealing with individuals unfavorably due to the fact that they are wed to (or associated with) a person of a specific nationwide origin. Discrimination can even happen when the employee and company are of the exact same origin.
We Can Provide Legal Assistance in these Situations
National origin discrimination laws forbid discrimination when it concerns any aspect of work, including:
- Hiring
- Firing
- Pay
- Job projects
- Promotions
- Layoffs
- Training
- Fringe benefits
- Any other term or condition of work
It is illegal to bug a person due to the fact that of his or her nationwide origin. Harassment can consist of, for instance, offensive or negative remarks about a person's national origin, accent, or ethnicity.
Although the law does not prohibit basic teasing, offhand remarks, or separated events, harassment is prohibited when it creates a hostile work environment.
The harasser can be the victim's manager, a colleague, or somebody who is not a worker, such as a customer or consumer.
" English-Only" Rules Are Illegal
The law makes it prohibited for a company to carry out policies that target certain populations and are not necessary to the operation of the organization. For example, a company can not force you to talk without an accent if doing so would not hinder your occupational responsibilities.
A company can just require a staff member to speak proficient English if this is essential to carry out the task efficiently. So, for instance, your employer can not prevent you from speaking Spanish to your colleague on your lunch break.
We Provide Legal Help for Employers Facing Accusations
Unfortunately, companies can find themselves the target of employment-related claims regardless of their finest practices. Some claims also subject the business officer to personal liability.
Employment laws are complex and altering all the time. It is vital to think about partnering with a labor and employment legal representative in Orlando. We can navigate your tough scenario.
Our lawyers represent companies in litigation before administrative companies, federal courts, and state courts. As kept in mind, we also represent them in arbitrations and mediations.
We Can Aid With the Following Issues
If you discover yourself the topic of a labor and employment suit, here are some scenarios we can assist you with:
- Unlawful termination
- Breach of contract
- Defamation
- Discrimination
- Failure to accommodate impairments
- Harassment
- Negligent hiring and supervision
- Retaliation
- Violation of wage and hour laws, including supposed class actions
- Violations of non-competition and non-disclosure contracts
- Unemployment payment claims
- And other matters
We understand employment litigation is charged with emotions and unfavorable publicity. However, we can help our customers decrease these unfavorable results.
We likewise can be proactive in assisting our clients with the preparation and upkeep of employee handbooks and policies for distribution and associated training. Sometimes, this proactive method will work as an included defense to possible claims.
Contact Bogin, Munns & Munns to find out more
We have 13 places throughout Florida. We are pleased to fulfill you in the location that is most convenient for you. With our main office in Orlando, we have 12 other workplaces in:
- Clermont
- Cocoa
- Daytona
- Gainesville
- Kissimmee
- Leesburg
- Melbourne
- Ocala
- Orange City
- Cloud
- Titusville
- The Villages
Our labor and employment attorneys are here to help you if a worker, colleague, company, or supervisor broke federal or regional laws.
Start Your Case Review Today
If you have a legal matter worrying discrimination, wrongful termination, or harassment complete our online Employment Law Questionnaire (for both employees and employers).
We will examine your answers and provide you a call. During this brief conversation, a lawyer will review your present circumstance and legal alternatives. You can likewise call to speak straight to a member of our personnel.
Call or Submit Our Consultation Request Form Today
- How can I make certain my company accommodates my disability? It is up to the employee to make certain the company knows of the disability and to let the company know that an accommodation is needed.
It is not the employer's duty to acknowledge that the staff member has a need initially.
Once a demand is made, the employee and the company need to interact to discover if accommodations are really needed, and if so, what they will be.
Both parties have a duty to be cooperative.
An employer can not propose only one unhelpful option and then refuse to provide further choices, and staff members can not decline to discuss which responsibilities are being restrained by their special needs or refuse to provide medical proof of their impairment.
If the staff member declines to give relevant medical evidence or discuss why the accommodation is needed, the employer can not be held liable for not making the lodging.
Even if an individual is submitting a task application, an employer may be required to make lodgings to assist the candidate in filling it out.
However, like a staff member, the candidate is responsible for letting the company understand that an accommodation is required.
Then it depends on the employer to deal with the applicant to finish the application process.
- Does a prospective employer have to tell me why I didn't get the task? No, they do not. Employers may even be instructed by their legal teams not to provide any reason when providing the bad news.
- How does the Fair Labor Standards Act (FLSA) work? Part of the Civil Rights Act of 1964, Title VII safeguards individuals from discrimination in aspects of work, consisting of (but not limited to) pay, category, termination, employing, employment training, recommendation, promo, and benefits based on (amongst other things) the individuals color, nation of origin, race, gender, or status as a veteran.
- As an entrepreneur I am being sued by one of my former staff members. What are my rights? Your rights consist of a capability to strongly defend the claim. Or, if you perceive there to be liability, you have every right to engage in settlement conversations.
However, you need to have a work legal representative assist you with your assessment of the level of liability and potential damages dealing with the business before you make a decision on whether to combat or settle.
- How can an Attorney secure my businesses if I'm being unfairly targeted in an employment associated claim? It is always best for a company to speak to a work attorney at the beginning of a problem instead of waiting until match is submitted. Lot of times, the lawyer can head-off a prospective claim either through negotiation or official resolution.
Employers likewise have rights not to be taken legal action against for frivolous claims.
While the concern of evidence is upon the employer to prove to the court that the claim is pointless, if effective, and the employer wins the case, it can create a right to an award of their lawyer's costs payable by the employee.
Such right is usually not otherwise available under many work law statutes.
- What must an employer do after the company gets notification of a claim? Promptly call a work attorney. There are substantial deadlines and other requirements in reacting to a claim that require proficiency in employment law.
When meeting with the lawyer, have him discuss his opinion of the liability threats and degree of damages.
You need to also develop a strategy as to whether to attempt an early settlement or combat all the method through trial.
- Do I need to verify the citizenship of my staff members if I am a small company owner? Yes. Employers in the U.S. need to confirm both the identity and the employment eligibility of each of their employees.
They need to also validate whether their employees are U.S. citizens. These policies were enacted by the Immigration Reform and Control Act.
A company would submit an I-9 (Employment Eligibility Verification Form) and examine the employees submitted documents declaring eligibility.
By law, the company should keep the I-9 kinds for all staff members up until 3 years after the date of employing, or until 1 year after termination (whichever comes last).
- I pay a few of my staff members a salary. That suggests I do not need to pay them overtime, remedy? No, paying a worker a real income is but one action in correctly classifying them as exempt from the overtime requirements under federal law.
They must also fit the "responsibilities test" which requires specific task tasks (and lack of others) before they can be thought about exempt under the law.
- How does the Family and Medical Leave Act (FMLA) effect employers? Under the Family and Medical Leave Act (FMLA), qualified personal employers are needed to provide leave for picked military, family, and employment medical reasons.
