Employment Law
Something every person seeking legal advice fears. It is likely the top reason people represent themselves – called proceeding pro se. The law is complicated and confusing. Many legal issues are subject to incredibly strict time restrictions that must be closely monitored; if you miss these dates you can either waive or lose rights. And, legal issues are often emotional issues. Lawyers are educated, experienced, and emotionally detached from the litigation.
When you consult a lawyer, don’t be afraid to ask "How much will this cost?" Get the answer and make it a factor but not the factor in your hiring decision. A lawyer is ethically bound to provide you with a fair and understandable explanation of the fees you will pay communicated to you in advance and in writing. It is that simple.
Legal Fee Uncertainty
Something every person seeking legal advice fears. It is likely the top reason people represent themselves – called proceeding pro se. The law is complicated and confusing. Many legal issues are subject to incredibly strict time restrictions that must be closely monitored; if you miss these dates you can either waive or lose rights. And, legal issues are often emotional issues. Lawyers are educated, experienced, and emotionally detached from the litigation.
When you consult a lawyer, don’t be afraid to ask "How much will this cost?" Get the answer and make it a factor but not the factor in your hiring decision. A lawyer is ethically bound to provide you with a fair and understandable explanation of the fees you will pay communicated to you in advance and in writing. It is that simple.
Wage Differentiation Is Illegal
Under both Florida and Federal law, unless it is based on merit, seniority, measurable production/quality or some other good faith basis that has nothing to do with non-job factors. Frequent employer pay abuses include employee/independent contractor (1099) misclassification, failure to pay overtime (required for hourly employees when you work more than 40 hours in a workweek), paying salary to someone who should be hourly or requiring employees to work off the clock. Florida has no routine break requirements, but if you are suffering from an illness, caring for someone who is suffering from an illness or a lactating mother, you are entitled to have your schedule accommodate these needs. If you are under 18 Florida requires you to have a 30-minute break after four hours and you cannot work past 11 p.m. when school is in session. When your employer violates these laws can recover your pay and often penalties as well, but there are limitations on how far back you can go.
Should I File an EEOC Complaint
The Short Answer is ‘No, not without a lawyer’. Unless you are up against the statute of limitations to bring your discrimination claims, the best course of action is to consult an attorney to guide and protect you through the EEOC process. When you believe you have suffered wrongful workplace conduct, the law requires that you first file an administrative charge or complaint. In Florida, you can file federal discrimination charges either with the Florida Commission on Human Relations (FCHR) or with the Equal Employment Opportunity Commission. Filing with one agency causes the document to be shared with the other; called ‘dual filing.’ When an employment lawyer files the charge for you, they will go through all the possible instances of discrimination or hostile work environment you may have faced, so that you do not get shut out of your right to sue later on. The best analogy is this – when driving somewhere unfamiliar, you use GPS or at least a map. If you do not use either, you may get to your destination, but you may be late and get lost along the way. A lawyer is like a great GPS – helps you get there the best way possible.