Employment law is complex, and the fallout from employment disputes can be dramatic. In some cases, litigation may be the best way to resolve an employment case.
Bogin, Munns & Munns has decades of experience representing both employers and employees in employment disputes. Our Gainesville employment litigation lawyers can help resolve your dispute through arbitration, mediation, or litigation.
We Handle Many Types of Labor and Employment Disputes
Your employment lawyer can evaluate your case and advise you on your legal options. Here are some of the areas of labor and employment law that we handle:
Wrongful Termination
Florida is an “at-will” state, meaning employees can leave at their own will or be fired without cause most of the time. However, employers do not have the right to fire an employee based on the employee’s membership in a protected class or certain other circumstances.
Florida laws protect employees from wrongful termination, so you may have a valid case for wrongful termination if you were fired for:
- Discrimination: Federal and state law protects employees from being fired because of their race, color, religion, sex, gender identity, sexual orientation, pregnancy, national origin, age, disability, or marital status.
- Medical leave: Employees have the right to take family or medical leave under the Family Medical Leave Act (FMLA). Employers cannot fire employees for exercising this right to care for themselves or a family member.
Breach of Contract
Some employers have a contract with their employees. Employers must follow the terms of the contract, which may include giving the employee a trial period, certain causes for terminating employment, a specified notice period before termination, and more. Employees may sue employers who fail to follow the terms of the contract.
Violation of Wage and Hour Laws
Employers must pay workers a minimum wage set by federal and state law. Certain employees who work more than 40 hours per week must be paid overtime. Employees should also receive paid breaks. Employers cannot fire employees who report wage violations or testify in a wage proceeding.
Violations of Non-Competition and Non-Disclosure Agreements
In a non-competition agreement, an employee signs a contract promising not to compete with their current employer when their employment ends. In a non-disclosure agreement, employees promise not to reveal trade secrets such as manufacturing processes, formulas, client information, and more. In some cases, these contracts are difficult to enforce.
Other times, violations of these agreements cause serious losses and can result in severe financial penalties.
Failure to Accommodate Disabilities
The Americans with Disabilities Act (ADA) prohibits employers, including businesses, governments, employment agencies, and labor unions, from discriminating against qualified individuals in hiring, firing, training, and job applications.
Further, employers must provide reasonable accommodations to people with disabilities so that they can apply for a job, perform the essential functions of the job, and enjoy equal access to benefits available to others at the workplace. Employers may be legally liable for failure to accommodate disabilities.
Harassment
Florida and federal laws protect employees from harassment in the workplace. Employers have an obligation to prevent supervisors, coworkers, and even clients or customers from harassing employees.
Such harassment could be based on race, religion, sex, national origin, age, disability, and more. The harassment must be severe or pervasive and create a hostile work environment.
Retaliation
Our lawyers represent employees and employers in cases involving alleged retaliation. Employers may not retaliate against employees who report unsafe conditions, discrimination, harassment, and certain other employment concerns. Whistleblower laws also protect employees from retaliation.
To consult with an experienced employment litigation lawyer serving Gainesville
(855) 780-9986
Legal Deadlines in an Employment Litigation Case
Because there is such a wide range of employment litigation cases, there is no one deadline that applies to them all. Here are some deadlines that may apply to your case:
- Employees must file an employment discrimination inquiry with the Florida Commission on Human relations within 365 days of the alleged event.
- Employees must file an ADA complaint within 180 days of the alleged discrimination, although they may have up to 300 days in certain circumstances.
In general, it is best to take legal action as quickly as possible in any employment litigation case in Gainesville. Our lawyers will guide you through the legal process applicable to your case and ensure that you meet all legal deadlines.
How Our Lawyers Can Help With Your Employment Litigation Case
Employment litigation can be complex. Our lawyers will walk you through the process, advising you of your options, and advocating for your best interests. Some of the ways in which our team will represent you include:
- Answer all your questions about your case and applicable law so you understand your legal rights and options
- Review the case and examine liability
- Evaluate the potential for compensation for an alleged violation of employment law
- Collect evidence related to the employment case, including interviews with coworkers, supervisors, managers, and more
- Determine which, if any, state or federal laws apply to your case
- File or respond to a complaint with the appropriate government agency
- Represent you in out-of-court mediation or arbitration, if necessary
- Represent you at trial, if necessary
Whether you are an employee or an employer, our team can help you pursue a favorable resolution if you are involved in an employment dispute.
Gainesville Employment Litigation Lawyer Near Me
(855) 780-9986
Contact Bogin, Munns & Munns in Gainesville
Employment cases can be complex and challenging. Our lawyers have decades of experience with employment law, so let us put that experience to work for you. Our lawyers can assist you with your employment litigation case from start to finish, and we have offices throughout central Florida, including in Gainesville:
2700 NW 43rd St, Suite C
Gainesville, Florida 32606
Call or Submit Our Consultation Request Form Today
