Best Employment Lawyers in Clearwater, FL

FAQs

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

  The Clearwater Police Department can be contacted for non-emergencies at this number: (727) 562-4242.

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

  You can get a copy of police reports through the Clearwater Public Records Center. Please click here to make or track the status of your request: https://clearwaterfl.justfoia.com/publicportal/home/track

• Should employees in Clearwater be compensated for time spent in getting their workstations ready?

  Yes. Employees in Clearwater must receive compensation for any activity relevant to their job, including preparing and cleaning up workspaces before and after shifts, respectively. Following the Florida Minimum Wage Act, they must be paid at least $11 per hour as of 2023, a rate that is set to increase annually. Workers who have not received fair compensation should consult an attorney to help them bring charges against their employer.

• When should blue-collar workers in Clearwater get paid for overtime work?

  Those who perform blue-collar or manual labor in Clearwater are legally entitled to overtime pay if they have worked beyond 10 hours that day. The overtime pay equates to one and a half times the regular minimum wage. Blue-collar workers are an exception to the rule—generally, employees in Florida are not limited to daily overtime hours but are compensated for work rendered beyond 40 hours weekly.

• What protections does the law have for pregnant women and new mothers working in Clearwater?

  Women in Clearwater who are expecting or have just given birth are eligible for 12 weeks of unpaid leave, as per the Family Medical Leave Act. This applies to workers who have been employed for at least one year or 1,250 hours in the past year, and as long the employer has a staff of 50 people. Additionally, female workers are protected against workplace discrimination related to their sex or pregnancy, according to Title VII of the Civil Rights Act of 1964.

• Can you sue your employer if they fire you after taking an FMLA leave in Clearwater?

  Yes. Taking a leave for reasons stated in the Family Medical Leave Act, like attending to your relative’s or your own health condition, should not be a reason for your employer to terminate you. If the company makes up reasons to remove you from your job, consult a Clearwater employment attorney to evaluate your claim and help protect your rights.

• What kind of evidence should you gather if you are considering filing a wrongful termination lawsuit in Clearwater?

  If you believe you have been wrongfully terminated in Clearwater, collect evidence that shows your employee’s discriminating or harassing conduct. Examples include photos, voicemails, and computer documents. It is also helpful to map out the events leading to your termination. Write down your recollection as backed up by the evidence you gathered.

• 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.