Best Employment Lawyers in Port St. Lucie

FAQs

• What is the non-emergency contact number for the local police station in Port St. Lucie, Florida?

  For non-emergency situations, contact the Port St. Lucie Police Department at (772) 871-5000.

• Where can I get a copy of police reports for incidents related to my case in Port St. Lucie, Florida?

  To get a copy of a police report in Port St. Lucie, email a request to recordsunit@stluciesheriff.com. You will be informed of the report fee after your request has been reviewed. For inquiries, you can reach the Records Custodian at (772) 462-3299 or coles@stluciesheriff.com

• What situations constitute wrongful termination in Port St. Lucie?

  Florida Statutes Section 760.07 makes it unlawful for an employer to use an employee’s national origin, race, sex, color, or religion as a factor when considering wages, promotions, positions, and terminations. The same prohibition against discrimination is stated under Title VII of the Civil Rights Act of 1964. You may also have a case of wrongful termination if your Port St. Lucie employer fired you for filing a workers’ compensation or discrimination claim, or for taking a family or medical leave.

• When are you entitled to overtime pay in Port St. Lucie?

  Port St. Lucie employers follow the Fair Labor Standards Act, which entitles nonexempt workers to overtime pay for hours worked beyond 40 hours within a single workweek. Your minimum overtime rate should be 1.5% of your regular rate. A workweek is defined as a repeatedly occurring 168-hour period or seven successive 24-hour periods. There is no limit to the overtime hours you can render as long as you are 16 years old or over.

• Are employers allowed to drug test workers in Port St. Lucie?

  Yes, private employers in Port St. Lucie can conduct drug testing on their employees, but this is limited to workers in high-risk industries, including aviation, healthcare, transportation, childcare, and law enforcement. Note that you can take legal action if you think the test administration was unfair or the results invalid. Also, private employers can conduct random drug testing if drug use is suspected in the workplace.

• Can you get fired for participating in a government investigation against your employer in Port St. Lucie?

  Under Florida Statutes Section 448.102 or Florida’s Whistle Blower Protection Act, it is illegal for a Port St. Lucie employer to take adverse actions like suspension, demotion, and termination against an employee who:

  • Wishes to disclose a regulation or legal violation to a government entity (You should bring the violation to your employer's attention first)
  • Provide testimony or information for a violation investigation
  • Refuse to take part in an action that violates regulations, rules, or the law

• What types of compensation can you get in an employment discrimination claim in Port St. Lucie?

  Damage recovery for employment discrimination cases may include compensation for calculable losses such as back and front pays, as well as compensation for emotional distress, including therapy costs. Front pay can be provided until you are able to get new employment with pay comparable to your previous job in Port St. Lucie. If you are already found a new job after being wrongfully terminated but are earning much less, front pay can also include the difference between your new and previous wage.

• 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.