Miami Florida Employment Lawyers and Law Firm
A Proven Advocate For Employers And Employees
In most cases, litigation is the result of an employer or employee failing to understand their rights and obligations in the workplace as determined by an employment contract. In order to ensure our clients aren’t exposed to liability or denied their rights, our attorney carefully reviews all employment-related policies and contracts governing the workplace. In some instances, what is at issue are rights protected under state and federal law or discrimination against protected classes of people. In these kinds of cases, we work with our own investigators in order to collect and build evidence in support of our client’s case. Whether you are a business owner trying to protect your business against a claim, or an employee concerned about your rights, the Miami, Florida employment lawyers at Law Offices of Gary A. Costales are here to help.
Employment Law and Contracts
At the heart of many employment law disputes and litigation is a contractual issue. Either an employer failed to protect his or her rights by failing to include non-compete or non-disclosure clauses, or a contract was worded in a way to imply that an employee wasn’t an at-will worker. Problems with contracts can lead to a range of issues between employers and their employees, which is why it is important to have sound employment contracts and clear clauses outlining expectations and obligations.
Employers should take care in reviewing the contracts they form between employees and contractors and take care to ensure that contracts with contractors clearly outline obligations and expectations. Failure to properly word contracts with contractors can lead to problems with classification and could even put employers on the hook to pay employment taxes and other benefits.
Employees should also take care before they sign an employment contract. If an employment contract includes non-compete clauses or non-disclosure clauses an employee might be surrendering important rights including the right to continue working in the field in the future and the right to change jobs, or even start a business.
The employment lawyers in Miami, Florida at the Law Offices of Gary A. Costales understand how important sound employment contracts are to maintaining a functioning business and to starting out with a new job on the right foot. If you are an entrepreneur looking to hire, a business owner looking to review existing employment contracts for weaknesses, or a person who has recently received a job offer but has legal questions about rights and obligations outlined in the contract, reach out to the Miami, Florida employment lawyers at Law Offices of Gary A. Costales today.
Employment Discrimination Lawyers in Miami, Florida
Employment discrimination: We represent employers and employees in case of alleged employment discrimination, including:
- Age discrimination
- Race discrimination
- Disability discrimination and claims under the Americans with Disabilities Act
- Sex discrimination, including sexual harassment claims and pregnancy discrimination
- Retaliatory discharge and wrongful termination claims
- Wage and hour litigation: Including claims of failing to pay overtime, failure to provide rest breaks, employee misclassification as exempt, and other violations of wage and overtime laws under Florida law and the federal Fair Labor Standards Act.
The law protects individuals from discrimination based on race, sex, national origin, disability, age, and genetic information. This includes protection from harassment, including sexual harassment, or retaliation because of your race, sex, national origin, disability, age, or genetic information. Individuals who believe they have been discriminated against in the hiring, promotion, or firing process also may have the right to seek justice. The employment lawyers in Miami, Florida at the Law Offices of Gary A. Costales are here to help you if you believe you have been discriminated against. You may have the right to seek compensation and damages for your losses.
How an Employment Lawyer Can Help Employers and Employees in Miami, Florida
The employment lawyers in Miami, Florida at Law Offices of Gary A. Costales can help you with various aspects of employment law. One of the foundational pieces of any working employment arrangement is an employment contract. We can help you whether you are an employee or an employer in reviewing your employment contract, helping you understand your rights and obligations, and assisting you with any litigation that may arise due to an employment contract. Here are some specific areas of employment law where we may be able to assist:
Noncompete agreements: A carefully drafted and executed noncompete agreement will generally limit a former employee from using business trade secrets. Often litigation arises when an employee feels a noncompete agreement is too restrictive or has competed with his former employer. Our firm represents both employees and employers in noncompete matters, including noncompete litigation and negotiation of settlements.
Employment contracts: Our office represents employees and employers in breach of contract litigation, which may involve noncompete agreements, wrongful discharge, breach of pay or incentive provisions in a contract, and any other alleged contractual breach arising out of the employment relationship. We also advise and represent employers and employees in employment contracts related to severance pay, benefits packages, medical benefits, confidentiality agreements and other matters.
Wage and Hour Violations: Most workers are guaranteed the right to receive overtime pay, or time-and-a-half their regular rate of pay, if they work more than 40 hours in a workweek. Sometimes however, employers may utilize certain strategies to deny workers time-and-a-half pay. If you suffered wage and hour violations or believe you may be entitled to receive backpay, the employment lawyers in Miami, Florida at Law Offices of Gary A. Costales may be able to assist you with your case and help you receive the compensation you may deserve.
Family and Medical Leave Act: The FMLA protects employees who need medical help, or who have family members with medical needs. It allows employees to take an extended leave from their place of employment under limited circumstances. However, employees have obligations under the law, including a duty to make various notifications and disclosures to their employers. Failure to make the required notifications can void some of the protections of the FMLA, so it is vital for employees to fully understand their rights and obligations. Employers also must be fully informed of the rights and responsibilities of the FMLA. We advise employees and employers on the FMLA. We also represent employees and employers in FMLA litigation.
Qui tam and whistleblower (False Claims Act): Qui tam cases are cases in which a person discovers that a business is defrauding the government. If you have knowledge of a business defrauding the government, contact our office for an explanation of your rights. Whistleblower actions occur when an employee allegedly discovers that their employer is violating federal or state law and reports this illegal action to a third party. Whistleblower statutes protect employees who report their employer’s illegal conduct, and an employee may have a claim for damages if they have been terminated or otherwise retaliated against for reporting illegal conduct of an employer. Our office represents both employees and employers in whistleblower cases.
Schedule A Consultation with a Miami Employment Law Attorney
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