Seeing an employer bypassing safety guidelines or doing something illegal is troubling to many employees. In some cases, those employees might be wondering if they should speak up or just keep quiet. Some employees might wonder if they are going to get into trouble if they speak up. We want employees to know that they have special protections if they speak up against an employer who is doing something illegal.

If you decide to speak out against an employer doing illegal things, there is a chance that your employer will retaliate. Retaliation is against the law if the employer is simply acting out because of the whistleblowing.

Protections for whistleblowers in Florida are covered under the Florida Whistleblower Protection Act and federal laws. The Occupational Safety and Health Administration and Sarbanes-Oxley also offer whistleblower protections. We can help you to learn your rights under these if you have blown the proverbial whistle against your employer.

Some of the employer actions that are forbidden under whistleblower protections include retaliatory termination, financial penalties and other actions. Even something as seemingly small as being passed over for a raise after you have spoken out against your employer might be considered retaliatory.

You have the right to refuse to do something illegal at work. You have the right to speak up and file complaints if your employer is doing something illegal. If you exercise those rights and face any retaliatory actions, you have the right to seek remedies for those actions. We can help you learn your options for dealing with retaliatory actions because of whistleblowing.

Miami newspapers have been filled in recent days with articles about the fight over gay rights raging in Indiana. Legislators there passed a religious freedom law that many criticize as protective cover for discrimination against the LGBT community. The controversy has caused many Floridians to wonder about the status of LGBT rights here.

Equality Florida notes, in much of our state “it is legal to fire someone or deny them access to housing or public accommodations because they are lesbian, gay, bisexual or transgender (LGBT).” There are important exceptions to that statement, however, including right here in Miami where we have a human rights ordinance in place. However, more recently, there have been significant advancements for the LGBTQ community, allowing them many more rights. When it comes to giving them more legal rights, it all comes down to the 2020 electoral candidates and their beliefs on the matter. To learn about these candidates that could help this community, it might be worth doing some research to ensure the views of each candidate are understood. Hopefully, this community will gain more legal rights to ensure they are treated equally to their colleagues in the workplace.

Other area jurisdictions have similar ordinances in place as well, Equality Florida says, including the following:

• Broward County
• Miami Beach
• Miami Dade County
• Juno Beach
• Key West
• Lake Worth
• Monroe County
• West Palm Beach
• Tequesta
• Wilton Manors

If you have suffered discrimination in the workplace because you are a member of the LGBT community, you should consider discussing circumstances with an experienced employment law attorney. Someone who knows the law and who understands the prospects of receiving compensation (and the potential amount or nature of compensation) can help you choose from among your various legal options.

In some situations, you might prefer to have the attorney contact your employer so that the matter can then be handled internally. In other situations, you might prefer to have an attorney negotiate a settlement with an employer or former employer. In still other cases, you might wish to pursue compensation with litigation.

Being armed with the information you need about your legal options is the first step in making a good decision.

In some ways, the allegations in Miami Gardens defy belief. The 53-year-old police chief in the town just a few miles north of us was arrested for soliciting a prostitute (two prostitutes, actually). A TV station reports that the news of the arrest stunned officers on the force.

They were even more taken aback by news that the interim police chief is an officer also accused of wrongdoing. “It would be wrong anywhere to hear that your boss was arrested for prostitution and that the guy who is replacing him has a history of sexual harassment,” an anonymous officer told the station. “Are these people for real?”

You might recall that several years ago, the now-interim chief was accused of sexual harassment by a crime scene technician. However, during the investigation of her allegations, text messages about marijuana were discovered on her phone, forcing her out of her job. The now-interim chief was at the time demoted, a TV station reports, but he has obviously been able to work his way back into the good graces of the city.

You might also recall that Miami Gardens’ very first police chief (the police department is just seven years old) resigned after the NAACP said there were possible civil rights violations at the department.

It’s worth noting that the new interim chief is a fraternity brother of the city’s mayor — both have faced sexual harassment charges in the course of their careers. The City Manager carries similar baggage; he resigned his Hollywood city managerial position with sexual harassment charges on a long list of alleged improprieties.

What should you do if you face unwanted advances, groping or inappropriate comments in the workplace? Discuss the circumstances and evidence with an experienced employment law attorney who can assess your legal options and help you pursue compensation for damages.

There’s a growing problem in Florida’s economy: the misclassification of workers as independent contractors rather than employees. The benefits to the employer who misclassifies workers can be substantial. The misclassification can mean that the company can dodge paying overtime, as well as evade required workers’ compensation insurance premiums and unemployment insurance, too.

The misclassification can also be used to skirt the minimum wage law, as well as family and medical leave to which many employees are entitled.

Who bears the brunt of the misclassification? Of course, it’s the worker denied overtime pay, minimum wage, workers’ comp, unemployment insurance benefits, etc.

Some readers might remember an award-winning investigative report last year from the nonprofit ProPublica and McClatchy newspaper chain exposing the multi-billion dollar fraud in the construction industry by employers who misclassify workers.

One of the stories contained in their report was of a Florida man injured on a construction job. He found out the very hard way that his employer “was engaged in a complicated and illegal scheme to avoid paying workers’ comp premiums.” The man wound up enduring 15 months with no medical care and no income as a result.

“This is a widespread, highly organized form of fraud,” said the former head of Florida’s Bureau of Workers’ Compensation Fraud between 2009 and 2013.

If you have been denied deserved wages or benefits by your employer, speak with an employment law attorney experienced in wage and hour litigation. An attorney can help you understand the law applicable to your case and then pursue a favorable resolution of the dispute.

It was just a couple of months ago that same-sex marriage was legalized here in Florida. On the steps of the Miami-Dade courthouse, supporters cried, laughed and hugged when a judge took down the ban on the marriages.

The fight for civil rights goes on, however, after a new report surfaces that shows that more than 328,000 LGBT employees in Florida have no workplace protections from discrimination based on sexual preference and gender identification. Of our state’s 67 counties, only 31 have created legal protections for LGBT workers.

The federal and state governments have also failed to enact legislation banning such discrimination.

The report on LGBT employment discrimination is from the UCLA Williams Institute. The institute also noted that a 2013 survey found that 73 percent of respondents favor passage of a statewide protection from workplace discrimination on the basis of sexual orientation and gender identity. A national survey conducted in 2010 found that 81 percent of transgender people reported mistreatment or harassment in the workplace.

The Orlando Sentinel reports that the media has repeatedly covered instances of employment discrimination against LGBT Florida workers.

The Williams Institute report also states that 10 percent of LGBT workers report income disparity in their workplaces. Of course, without specific protections, it might be possible for employers to deny LGBT employees raises or promotions — or even to fire them — based on sexual preference and gender ID.

If you face discrimination in a Miami workplace, you should discuss the facts of your situation with an experienced employment law attorney. An experienced attorney can evaluate your case and represent you in negotiations and litigation.

In an ideal Miami workplace, there are no employment disputes. Employers and employees get along famously and everyone hugs on Friday afternoons, sorry to be away from the office for two whole days.

In the real world, employment disputes happen over very real issues such as workplace discrimination, wrongful termination, employment contract issues and so on.

There is currently a heated labor dispute involving West Coast shipping ports. The dispute has gotten white-hot; shipping from Asian markets to the U.S. is nearly at a standstill. That means that supply chains for stores, warehouses, manufacturers, etc., are also going to have delays and feel costly repercussions.

One economist said of the two sides in the dispute, “They’re going to stay in the trenches and wait to see who blinks first.” Employment disputes can certainly become battles, but the job of a law firm experienced in Florida employment dispute resolution is to protect the client’s interests in negotiations that often bring about favorable resolutions.

Of course there are also circumstances in which no favorable resolution can be found at the bargaining table, making litigation unavoidable. In those situations, you want an experienced attorney on your side as well; someone who understands the law and the courts and is committed to protecting your interests.

At the Law Offices of Gary A. Costales, P.A., we are proud of the depth of knowledge and experience we bring to the table in employment disputes. Please see our Employee Representation page for more information about ways we can help you.