Miami, Florida, residents who have been unlawfully terminated may feel as if they have no recourse, but that is not the case. Over the last few decades, wrongful termination has gained a lot of attention in America. While it remains a shadowy area of the law in some cases, there are some steps victims can take to once again be made whole.

Like most states, Florida employment relationships are presumed to be “at-will” which means that either party can terminate the employment at any time. However, at-will employment does not mean that an employer can fire an employee illegally. While extremely difficult to prove without legal counsel, wrongfully-terminated employees can take legal action if their termination occurred under several conditions. Here are a few examples:

— Termination involved sexual harassment

— Termination involved retaliation for reporting an employer’s unlawful conduct

— Termination occurred because of discrimination

— Termination occurred in breach of an employment contract

— Termination involved the filing of a workers’ compensation claim

— Termination occurred because the employee refused to break the law

If you believe you have been fired in violation of the law, we urge you to seek out legal advice immediately. It is important to take action as early as possible and the first step is discussing the case with an experienced attorney. From there, the attorney can review your case and offer knowledgeable advice about how to proceed with your wrongful termination claim.

Here at the Law Offices of Gary A. Costales, our sole focus is labor and employment law and we have a wealth of experience to offer Florida residents who have been unlawfully terminated. Please review our website to learn more about Florida employment law.

In a tough economy, most every Miami resident would agree that finding employment is a cause for celebration. Many Floridians who have struggled with unemployment are so grateful for a job offer that they may sign a contract without giving it a lot of thought. It is easy to understand why people do this but at the same time it is extremely important to review employment contracts carefully.

Employment contracts are becoming more and more used as employers and employees recognize they need to protect their interests. However, there are times when such a contract favors one party more than the other. In the interests of fairness and self-preservation, it is worth a potential employee’s effort to seek legal assistance before signing any employment contract. On the other side of the coin, employers should also consider seeking legal adviceabout the contracts they present to potential new workers.

Why does the issue of employment contracts merit such attention? For one, fair, balanced and strong contracts can reduce or even eliminate employment disputes. This can save both parties money and time while increasing overall satisfaction on each side. Secondly, a strong contract will eliminate unreasonable terms for both parties. Third, a thorough attorney review can help employees and employers avoid additional legal issues down the road.

In the end, employees and employers want an employment contract with balanced terms that benefit both parties. Acquiring an employment attorney to draft or review the contract is one of the best ways to achieve this goal. Please browse our website to learn more about employment law in the Miami, Florida, area.

It is 100 percent illegal to engage in sexual harassment in the workplace. The laws that govern such interactions exclude no one. This means that no person can legally harass anotherincluding employers, co-workers, clients, customers or any other individuals. Unfortunately, these laws do not completely prevent sexual harassment from occurring. However, there are steps you can take to protect yourself whether you intend to take legal action or not.

The most important thing to remember is that you have rights as a victim of sexual harassment. As such, you cannot legally be punished for speaking out or for filing a harassment claim. The law prohibits employers from engaging in retaliation when an employee reports sexual harassment or becomes involved with a harassment investigation.

The American Association of University Women (AAUW) offers several tips to those who have been targeted for sexual harassment. These tips can provide you with protection throughout your employment regardless of your gender. Some of the tips are listed in the following section.

— Keep a detailed record of the alleged harassment.

— Keep performing your work as expected.

— Seek answers or recourse in your company’s employee handbook.

— Do not forget that you have a limited amount of time to take action.

While it is difficult to contemplate taking a sexual harassment before the law, it is in most cases the very best way to protect yourself and your job. If you cannot decide what to do, consider consulting with an attorney about your case. In Florida, the Law Offices of Gary A. Costales takes a personalized approach in guiding sexual harassment victims towards a solution that best meets their individual needs. You can learn more about this type of workplace harassment by browsing our legal website.

Workplace bullying does occur, but at this time, it isn’t technically illegal. Being mean-spirited or pressuring to someone isn’t usually illegal if you aren’t pressuring that person to do something that is illegal or sexual. A supervisor pressuring staff to work overtime or a team bully forcing his or her opinions on everyone else is unfortunate and uncomfortable. But you might not have a legal basis for a claim if leaders overlook such behavior.

The Workplace Bullying Institute recommends a three-step approach to dealing with workplace bullying. First, name the action. Calling the action by a name, such as bullying or emotional abuse, make it more legitimate in your mind. It also helps you to realize that the bullying comes from a source that makes the decision to act in such a manner — not from any decision that you made.

Next, if possible, take some time off to decide how to approach the issue away from the activity that is stressful to you. If you can’t take time off, see if you can be moved temporarily to another location or function. Take time to really think about the bullying and do research on state and federal laws. If you think that the bullying could be a form of harassment or discrimination, consider speaking with a lawyer about your case.

Finally, expose the bully. If you’ve already approached business leaders about the issue and they have done nothing, consider approaching them again from a business perspective. Why is the bully dangerous to the bottom line?

If the bully is discriminating against you or crossing legal lines and no one is acting to protect you, then you might have a legal case against the bully or the business. Understanding where the line is between general unpleasantness and illegal action is important when framing such a case.

Source: WorkPlaceBullying.org, “The WBI 3-Step Target Action Plan,” accessed Jan. 01, 2016

Employers are supposed to pay you for the hours you worked according to any hiring agreement or contract and in compliance with federal and state laws. It seems like a simple enough statement, but this one requirement is often much more complex than you can imagine.

Frequently, employees are underpaid because of poor accounting practices (which, by the way, can be fixed by seeking the help of Kruze Accounting professionals and the like), misunderstandings about pay requirements, or even employer’s decisions to save money by shorting pay in some way.

While many cases of wage disputes come down to misunderstandings or accounting mistakes, understanding how much pay you are supposed to receive is essential to making a claim for corrected pay. If employers balk at correcting pay, you might have a legal case against them.

One area where misunderstandings or errors commonly occur is in overtime calculations. First, employees must know whether they are entitled to overtime. First, the Fair Labor Standards act mandates overtime in a number of situations, especially for workers who are paid hourly. Salaried workers might also be eligible for overtime if they are paid a certain amount and don’t meet definitions for exemption.

Managers or executives are typically exempt from overtime requirements. The law says that if you can make hiring and firing decisions, or your advice plays a role in such decisions, and you supervise two or more full-time workers, you fall into this category. Some administrative employees, such as Chief Financial Officers, are also exempt.

The law exempts certain types of professionals, such as accountants and doctors, from overtime requirements as well. If you have an advanced degree and are using that degree for your profession, you likely fall into this category. The rules aren’t always as cut-and-dry as they appear to be in writing, though, so if you believe you are owed overtime or any type of wage the employer refuses to pay, consulting an attorney could help you understand what next steps to take.