Best Employment Lawyers in Miami Beach

FAQs

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

  The Miami Beach Police Department's non-emergency line is 305-673-7900.

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

  Requests for police reports are processed by the Miami Beach Police Department Records Unit at 1100 Washington Avenue, Miami Beach, FL 33139. There is an available online portal at https://miamibeachfl.justfoia.com/publicportal/home/newrequest and an email channel at researchrequest@miamibeachfl.gov.

• Should a worker or employer be wary of spending for an initial consultation with an employment lawyer in Miami Beach?

  No, a worker or employer should generally not worry about spending money on the initial consultation with an employment lawyer in Miami Beach. The initial dialogue is usually given away for free because the legal community realizes that clients must have enough latitude to make informed decisions about which attorney to choose. This is only possible if allowed to shop around and consult with multiple options.

• Can an employer in Miami Beach dismiss an unmarried woman who has become pregnant recently under the theory that it poses a health risk and is against the laws of the creator?

  No, an employer in Miami Beach cannot dismiss an unmarried woman who becomes pregnant under health-based or religious pretenses. Under the U.S. Equal Employment Opportunity Commission, the government prevents the unequal treatment of employees because of biological or cultural reasons that do not affect their ability to work.

• Can a woman in a tutoring position be paid less in Miami Beach than a male equivalent who does substantially the same amount and kind of work?

  No, a woman in a tutoring position in Miami Beach must not be paid less than a male equivalent who does substantially the same amount and kind of work. Federal legislation, such as the Civil Rights Act of 1964 and the state's own Florida Equal Pay Act, prevents companies from paying people differently when the services they render are the same.

• What fields of law are employment lawyers in Miami Beach commonly also adept at?

  Employment lawyers in Miami Beach are usually also skilled in contract law since the interpretation of written agreements affects multiple disputes as to salary and hours of work. Knowledge of torts and insurance is a plus because workers' compensation matters can evolve into a free-for-all between insurers, claimants, and negligent managers.

• Is it permissible for a worker in Miami Beach to exceed 40 hours of work a week but be paid at a basic rate?

  No, it is not permissible to be paid at a basic rate in Miami Beach once a worker exceeds 40 hours. Every hour worked beyond the first 40 must be paid at a premium. The national policy is to reward hard-working employees who give more of their lives than is necessary at work. Thus even if paid a basic rate for the 41st hour onward, one may still demand the added value.

• 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.