Like other places in Florida, people working in Leesburg have rights that protect them from unfair treatment at the workplace. But employers and other fellow employees may still disregard these laws.
While one would typically want to settle such issues privately, you may sometimes need the court to help resolve the dispute. Here is how you can have a Leesburg employment litigation lawyer with Bogins, Munns & Munns help you with your employment issue.
Types of Employment Litigation Issues
An employment litigation lawyer handles various types of employment issues. That also means they study the wide range of federal, state, and local laws that could be relevant to your particular case. Furthermore, they may represent either the employer or the employee, depending on the kind of issue that needs resolving.
Here are some of the employment disputes that may need litigation:
Breach of Contract
Both employers and employees could file for litigation if the other party committed an employment contract breach. For instance, the employer might not have provided the employee benefits promised in the contract. The worker could sue the employer to get compensated for the benefits that they did not enjoy.
Another instance would be if a worker consistently failed to perform the duties they were supposed to do under the contract. If the worker refuses to work as expected of them and refuses to settle privately, the employer could sue them for the damage the worker did to the company, such as lost profits.
Non-Disclosure Agreement Violations / Whistleblowing
Florida allows employers to create non-disclosure agreements (NDAs) to protect the company from having trade secrets and other sensitive information revealed to the public or other competitors. However, an employee might still violate the NDA, hurting the business. Should this happen, the Leesburg employer may file for litigation to recover from the damage the employee caused.
But the employer may also wrongfully use the NDA argument against a whistleblowing employee. Fortunately, the worker can also defend themselves through litigation because state laws allow them to disclose information regarding the company’s illegal activities.
Federal civil rights laws and Florida Statues § 760.10 prohibit workplace discrimination and harassment for factors such as race, age, sex, nationality, or religion. Unfortunately, such incidents can still happen here in Leesburg. An employer must then implement policies to protect workers from these situations.
But if an employer fails to address such behavior—even if they do not commit such acts themselves—the employee can sue them for workplace discrimination.
Generally speaking, companies must follow the Fair Labor Standards Act and Florida Statutes § 448.110 when paying their employees. These laws have guidelines on the required minimum wage, overtime pay, and work hour calculations. However, if the employer does not pay them appropriately or has not paid them yet, the employee can bring a suit against them to recover their wages.
Employees wrongfully terminated for reasons such as joining a union or taking a medical leave can sue employers for their losses. Of course, employers can also defend themselves if they did not violate any laws when they fired the employee.
As Florida is an at-will employment state, companies can fire employees without prior notice if there are no ill intentions behind it. Likewise, employees can leave anytime if they do not breach their contract. You can review your employment contracts to check if any violations were committed.
To consult with an experienced employment litigation lawyer serving Leesburg, call 855-686-6752
Filing an Employment Case in Leesburg
While state or federal departments typically handle employment complaints, they can permit you to file a lawsuit if you cannot reach an agreement with the other party. Our Leesburg employment litigation lawyer can help you gather the evidence needed to support your statements in court. They can also be your legal representative in mediations, arbitrations, and court proceedings.
Deadline for Filing Employment Suits
Leesburg employment cases can have different filing deadlines from other civil lawsuits. Under the Equal Employment Opportunity Commission (EEOC), discrimination and harassment cases have a 300-day filing deadline if the state where they happened has its own anti-workplace discrimination laws. If Florida did not have such rules, you would only have up to 180 days from the last date you got discriminated against.
On the other hand, cases involving unpaid wages must follow the two-year statute of limitations stipulated in Florida Statutes § 95.11 (4)(c). Meanwhile, actions against contract breaches have a five-year filing deadline.
Following the statute of limitations is a must as the court automatically dismisses late submissions. As you only have a limited time to file for litigation, it would be best to get started sooner than later. A Leesburg employment litigation lawyer with our firm can help determine which filing deadlines apply to your case.
Settlements in Leesburg Employment Litigation
The damages you could recover in a successful Leesburg employment litigation can vary, depending on the case. For example, suppose an employee sues their employer for wrongfully terminating them instead of providing workers’ compensation benefits. If the civil court ruled in the employee’s favor, they could recover damages such as:
- The entitled workers’ compensation amount
- The wages they would have received if they were not fired
- Other employee benefits, such as dental or medical insurance coverage
The Leesburg employment litigation lawyer can help check the damages you could recover in the case. They could also compute your losses to estimate the settlement amount.
Leesburg Employment Litigation Lawyer Near Me 855-686-6752
Consult with Us to Learn More About How Our Employment Litigation Attorney Can Help
Settling an employment dispute can quickly become complicated because of the many laws involved. There is also the chance that you cannot settle the issue privately. If you plan on taking matters to court or need legal guidance, we have Leesburg employment litigation lawyers who can help. Our team has over four decades of litigation experience that we can use for your case.
The full-service law offices of Bogin, Munns & Munns work with clients throughout the Greater Orlando area. Besides employment litigation, our practice areas include criminal defense, personal injury, and family law. To speak with our legal team, you can call our 24/7 phone line. You could also send the dispute’s details here on the website to request a consultation.