Best Employment Lawyers in Cape Coral

FAQs

• What is the non-emergency contact number for the local police station in Cape Coral, Florida?

  For non-emergency cases, you may contact the Cape Coral Police Department at 239-574-3223.

• Where can I get a copy of police reports for incidents related to my case in Cape Coral, Florida?

  You can obtain a copy of the police report for employment law-related cases by requesting a copy at the Cape Coral Police Station between 8:00 a.m. and 4:00 p.m., Mondays to Fridays.

• Can you sue your employer in Cape Coral for wrongful termination?

  Yes. You may file a claim of wrongful termination in Cape Coral if you were illegally fired based on one or more protected characteristics, including age, gender, color, sex, disability, or pregnancy. Since Florida is an employment-at-will state, employers can terminate employment for any reason or no reason, as long as it is not based on a protected characteristic.

• How long do you have to file a wrongful termination claim in Cape Coral?

  If you were wrongfully terminated in Cape Coral based on discrimination or retaliation, you should file a complaint against your employer with the Florida Commission on Human Relations within 300 days of the discriminatory act. You can also file with the Equal Employment Opportunity Commission, which requires employees to file most claims within 180 days from the date of the last discriminatory act from their employer. OSHA whistleblower claims have shorter statutes of limitations.

• Are employers in Cape Coral required to provide paid sick leave?

  There is no federal law that mandates employers to offer paid or unpaid sick leave to their workers. However, if an employer in Cape Coral chooses to offer this benefit, it is usually done through a voluntary agreement between the employer and the employee, where both parties come to a mutual understanding regarding the terms and conditions of the sick leave policy.

• Do employers in Cape Coral have to comply with the Family and Medical Leave Act?

  Cape Coral employers must comply with FMLA, granting eligible employees unpaid leave and reinstatement. Employees can take up to 12 weeks for health, bonding, or military preparation, with extra leave for caring for an injured family member. Employers with at least 50 employees for 20 weeks must follow FMLA. Employees must have been working for one year, 1,250 hours in the previous year, and employed at a location with 50 employees within a 75-mile radius to be eligible for FMLA.

• Are employers in Cape Coral required to provide health insurance to their employees?

  Federal law states that employers in Cape Coral with 50 or more full-time equivalent employees must offer health insurance that meets the criteria of minimum essential coverage. This means companies with fewer than 50 full-time or FTE-equivalent employees are not legally obligated to provide health insurance coverage.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.