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Miami Employment Attorney for Employees

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Miami Employment Attorney for Employees

Employment law outlines the obligations and rights of both employers and employees. If your rights as an employee have been violated, you can take action to protect them and hold your employer accountable for failing their responsibilities. A Miami employment attorney for employees can provide you support whether you are dealing with discrimination in the workplace or are not being properly compensated for your work.

Employees have several rights which they can take action to protect, including:

  • The right to work in a safe workplace, free of discrimination or harassment.
  • The right to apply for a job and be considered without discrimination.
  • The right to be paid a fair wage.
  • The right to be paid for overtime work in some cases.
  • The right to take job-protected leave for family or medical reasons.
  • The right to take protected actions like whistleblowing or filing for workers’ compensation without fear of retaliation.

The right employment attorney can help you file complaints and claims and take the correct actions to protect your employment rights.

Call For A Free Telephone Consultation

Call (786) 446-7288 for a free telephone consultation with our office or use our contact form to tell us more about your situation.

Assertive Legal Representation For Employees

The Miami, Florida employment lawyers at the Law Offices of Gary A. Costales can help you if you believe your rights were violated. We have represented both employers and employees on a wide range of legal matters. Because we understand what it takes to build a case from both sides, we can proactively anticipate issues that might arise, objections, and other strategies that the other side might try to use to weaken your case. The employment lawyers in Miami, Florida at Law Offices of Gary A. Costales are here to listen to your situation and offer you guidance on the next steps.

Our Miami, Florida employment law firm helps clients facing a wide range of employment law issues including:

  • Wage and Hour Violations
  • Sexual Harassment
  • Discrimination
  • Wrongful Termination
  • Whistleblower Law
  • Litigation
  • Employment Contracts (Non-Compete Agreements, Non-Disclosure Agreements, Litigation)

If you believe your employment rights were violated, reach out to the employment lawyers in Miami, Florida at Law Offices of Gary A. Costales.

Hardworking Americans deserve strong protection when it comes to legal issues that could derail careers or create insufferable working conditions. You may have a claim that would entitle you to a significant amount of back pay, compensation or other damages.

At the Law Offices of Gary A. Costales, P.A., we represent employees facing any type of work-related legal matter. As a former administrative law judge and trial lawyer for the Equal Employment Opportunity Commission (EEOC), Mr. Costales has extensive firsthand insight into navigating employment claims. He is board-certified as an expert in employment and labor law by The Florida Bar, and he is the only board-certified attorney in Miami who represents employees as well as employers.

Navigating The Legal Issues Employees Commonly Encounter

At the Miami, Florida employment law firm at Law Offices of Gary A. Costales, we care about worker’s rights and understand the many ways that they can be violated. Workers may sometimes be afraid about speaking up for fear of retaliation, but they may not realize that their rights are protected from retaliation. The key is to build a strong case, and to document everything that went wrong. The Miami, Florida employment lawyers at Law Offices of Gary A. Costales may be able to help you if you believe your rights were violated on the job.

Our employee-side practice encompasses a broad range of legal issues such as:

  • Whistleblower claims involving illegal or unethical conduct on the part of your employer
  • Qui tam claims under the federal False Claims Act for reporting fraud against the government, including off-label marketing of pharmaceutical products
  • Discrimination claims involving unfair treatment or harassment, including sexual harassment
  • Overtime claims for unpaid wages and misclassification as exempt employees or independent contractors
  • Wrongful termination claims stemming from employment discrimination or unlawful retaliation
  • Contract issues including litigation stemming from non-compete clauses, non-disclosure agreements, or improper employment/contractor classification

With decades of legal experience in employment law, our employment attorney in Miami, Florida understands that no two cases are alike. We tailor our approach to develop the most effective strategies for each unique situation. If you need help with your employment claim, reach out to the Miami, Florida employment lawyer at Law Offices of Gary A. Costales today.

How a Miami, Florida Employment Lawyer Can Help with Unpaid Overtime

Most workers are entitled to receive overtime pay under the law. If you worked over 40 hours in a workweek, you may be entitled to receive overtime pay, that is, time-and-a-half pay for every hour you worked over a 40-hour workweek. It is illegal for an employer to not pay you for the hours you have worked.

Sometimes employers try to circumvent overtime pay laws by misclassifying employees as independent contractors. Other employers might try to avoid overtime pay by offering their workers “day rates” or by failing to pay workers for travel time, and other costs. Some employees are exempt from overtime, but they must meet several specific requirements, including:

  • The employee earns a salary rather than an hourly wage.
  • This salary meets a minimum requirement of wages earned each week.
  • The employee’s work includes completing specific types of work: executive, professional, or administrative.

If you do not meet all these requirements, then you are likely entitled to overtime pay. If you believe you were misclassified as an employee, were not paid overtime, or worked long hours and didn’t receive overtime pay, or if you believe your employer failed to track your hours, the employment lawyers in Miami, Florida at Law Offices of Gary A. Costales may be able to help you. You could recover back pay for your unpaid overtime and compensation for other losses.

How a Miami, Florida Employment Lawyer Can Help with Discrimination and Sexual Harassment

The Miami, Florida employment lawyer at the Law Offices of Gary A. Costales can help you if you believe you were not hired, were fired, or were not promoted because of discrimination. Workers are protected from discrimination under the law. Protected categories include race, sex, national origin, disability, age, and genetic information. There are many adverse employment actions that could occur from discrimination, including:

  • Your employer cuts your pay or your hours.
  • You are skipped over for a promotion that you earned for another employee who is less qualified.
  • Your employer reduced your material job benefits.
  • You are demoted.
  • You are wrongfully terminated from your job.

If you believe you were discriminated against, or were denied promotions or other opportunities on the basis of your race, sex, national origin, disability, age, or genetic information, reach out to the Miami, Florida employment lawyer at the Law Offices of Gary A. Costales today.

If an employer discriminates against an employee, they will often try to cover up this action with other causes. This is why it is important to work with an attorney who can investigate these causes and determine how to prove an employer’s true motive.

Our attorneys can also help you if you are dealing with sexual harassment in the workplace. You have the right to a safe workplace free of sexual harassment, which includes any unwanted sexual advances and inappropriate verbal or physical conduct which is sexual in nature.

When you are being sexually harassed, your initial step should typically be to work with your employer’s HR process. If the conduct is not addressed promptly and effectively, you should talk to an attorney.

There are two types of sexual harassment in the workplace: quid pro quo harassment and a hostile work environment. Each type is committed by different individuals in the workplace and requires unique steps. It is essential that you work with an attorney who understands how to navigate these cases.

Law Offices of Gary A. Costales is an employment law firm in Miami, Florida that can also help you if you believe you suffered retaliation for reporting discrimination or sexual harassment. Sexual harassment and discrimination can lead to a hostile work environment, which can affect your performance, and even lead some employees to leave their jobs. This can lead to lost wages and lost career opportunities and advancement. These are financial damages that you can recover.

If you have questions about your rights, or believe you were wrongfully terminated in retaliation, the Miami, Florida employment lawyers at the Law Offices of Gary A. Costales may be able to help.

How an Employment Lawyer in Miami, Florida Can Help with Contract Issues

The employment lawyer in Miami, Florida at Law Offices of Gary A. Costales may be able to help you if you are facing litigation due to a non-compete clause, non-disclosure clause, or other employment contract issue. Disputes from these contracts often result from employees or employers failing to understand their rights and obligations. Either party can use the support of an attorney to navigate these claims and protect their financial and personal interests.

Non-compete clauses can sometimes prevent you from taking a similar job in your field for a period of time after you leave an employer. Non-complete clauses, to be valid and enforceable, however, must be limited in scope and to a particular area or region. If a non-compete agreement is unreasonable in its scope, then it may be unenforceable.

New employers may ask you whether you are under a non-compete clause, and how you answer this question could impact your ability to secure work. Knowing whether or not you are subject to a non-compete clause is important, whether you are in the process of accepting a job offer, in the process of leaving a job, wanting to start your own business, or are actively facing a lawsuit for violating a non-compete clause. An attorney can review your employment contract to determine your rights and abilities.

Employees who are being asked to sign a non-compete should also talk with an employment lawyer. This can help them review the contract for reasonable constraints and negotiate the terms of the non-compete.

Non-compete agreements are not the only disputes that can arise from employment contracts. These contracts can outline numerous aspects of an employee’s employment, including their job duties, their payment, their benefits, and the conditions that must be met for termination.

If these contractual obligations are not met and your employer breaches your employment contract, you can take action. An attorney can help determine if a breach has occurred and whether you can recover damages.

If you have questions about employment contracts and how they can impact you and your career, the best time to ask questions is before you sign on the dotted lines. But if you are facing litigation or have further questions, you may also want to seek legal representation to protect your rights. Reach out to the Miami, Florida employment lawyer at Law Offices of Gary A. Costales today to learn more. We can read your employment contract before you sign, represent you if you are facing litigation, and more. Contact a Miami, Florida employment lawyer at Law Offices of Gary A. Costales today.

Representing Employees In Employment Law Cases For Decades

Over the years, our employment law firm in Miami, Florida has provided proactive representation for employees from diverse backgrounds, ranging from blue collar workers to high-level employees. We represent workers in any industry, including:

  • Medical professionals
  • Pharmaceutical employees
  • Employees in the financial industry
  • Restaurant, retail and hospitality workers

Working with legal representation that has experience in your industry is crucial. Different industries have unique needs for certain employment contract types and clauses or have unique overtime requirements. Different industries may also require employees to take unique steps to report harassment or illegal activity in the workplace. An experienced attorney will know how to navigate these complexities.

FAQs

Should I Tell My Employer I Have an Attorney?

It is always important to discuss this question with your employment attorney. There are many different reasons why an employee may work with an employment attorney, and there may be a specific way you should inform your employer. Your attorney may talk to your employer for you.

While it is important not to blindside your employer, telling your employer that you hired an attorney can make them defensive. An attorney can provide advice more relevant to your unique case.

How Much Do Employment Lawyers Charge in Florida?

Can an Employee Sue an Employer in Florida?

What Laws Protect Employees in Florida?

Contact Our Office For A Free Telephone Consultation | Se Habla Español

We invite you to learn more about our legal services in employment law. Call 786-446-7288 or use our online contact form. With offices in Miami and Boca Raton, we serve employees throughout South Florida.

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