Best Employment Lawyers in Palm Bay

FAQs

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

  For non-emergency matters, individuals can reach the Palm Bay Police Department at 321-952-3456.

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

  You can obtain a copy of a police report in Palm Bay by sending an email to PDRecords@pbfl.org. Typically, copies of reports are accessible within four to five days of the incident. However, requests that require a substantial amount of staff time may incur an additional processing fee, along with the cost of copies. The charges for single-sided pages are $0.15 per page, while double-sided pages are priced at $0.20 per page.

• Which individuals in Palm Bay are included within the scope of the Family and Medical Leave Act (FMLA)?

  In Palm Bay, public agency employees are typically encompassed by this federal legislation, while individuals employed by private companies are typically covered if their employer has a minimum of 50 employees and the requesting employee has completed at least one year of service and worked a minimum of 1,250 hours in the 12 months leading up to the leave request.

• What are the most typical Palm Bay FMLA violations?

  It is common for workplaces to implement cost-cutting strategies that violate ethical standards. In the context of FMLA leave, certain employers view this as an opportunity to reduce an employee's salary. Among the frequent FMLA violations in Palm Bay are:

  • Neglecting to inform employees about their rights under the FMLA.
  • Denying reinstatement to an employee once their authorized leave period concludes.
  • Demoting an employee to a lower-paying position upon their return from leave.
  • Terminating an employee for taking time off for a qualifying FMLA reason.

• Is it possible to be fired from your job in Palm Bay if you're over 50?

  In the United States, age is a protected class at both the federal and state levels. If you are terminated from your job in Palm Bay solely due to your age, it is regarded as age discrimination. Age discrimination encompasses all aspects of employment, meaning that you cannot be subjected to reduced wages, denied promotions, or laid off based on your age.

• How can you identify instances of retaliation within your Palm Bay workplace?

  Retaliation can manifest in various ways, and some may not be immediately apparent. Additional forms of workplace retaliation in Palm Bay can include:

  • Abrupt reduction in work assignments
  • Verbal or physical mistreatment
  • Unfavorable performance evaluations
  • Heightened or unjust scrutiny
  • Deliberate actions to make an employee's job more challenging
  • Demotions In certain instances, employers may attempt to disguise their true motives through seemingly legitimate evidence, such as negative performance reviews or disciplinary actions. However, even these actions could potentially be retaliatory in nature.

• What is the proper procedure for pursuing an Americans with Disabilities Act violation in Palm Bay?

  According to legal requirements, you are obligated to initiate the process by filing a complaint with the U.S. Equal Employment Opportunity Commission within 300 days from the time you became aware or should have reasonably been aware of your Palm Bay employer's refusal to provide accommodations or retaliatory actions. Under Florida state law, you have 365 days from the time you became aware or should have reasonably been aware of the discriminatory treatment to file a complaint with the Florida Commission on Human Relations. Once the agency conducts an investigation into your claims, you will have the option to proceed with a lawsuit or, in certain situations, an administrative hearing.

• 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.