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Orlando Employment and Labor Lawyer

EMPLOYMENT QUESTIONNAIRE FOR EMPLOYEES

EMPLOYMENT QUESTIONNAIRE FOR EMPLOYERS

The labor and employment attorneys at Bogin, Munns & Munns have been serving the Greater Orlando area since 1979. In a time like this, we understand that you want a lawyer familiar with the complexities of employment law. We will help you navigate this complicated process.

We represent employers and employees in disputes and litigation before administrative agencies, federal courts, and state courts. We also represent our clients in arbitrations and mediations.

We Handle the Following Labor and Employment Practice Areas

Here are some of the issues we can manage on your behalf:

  • Wrongful termination
  • Breach of contract
  • Violation of wage and hour laws, including purported class actions
  • Violations of non-competition and non-disclosure agreements
  • Discrimination (e.g., age, sex, race, religion, equal pay, disability, and more)
  • Failure to accommodate disabilities
  • Harassment

Today, you can speak with one of our team members about your situation.

How Can Our Firm Help You?

Our firm does not tolerate discrimination of any kind. After we learn more about the case, we will discuss your options. We will also:

  • Gather evidence that supports your allegations
  • Interview your coworkers, boss, and other related parties
  • Determine how state and federal laws apply to your circumstances
  • File your case with the Equal Employment Opportunity Commission (EEOC) or another relevant agency
  • Establish what changes or accommodations could meet your needs

Your labor and employment lawyer’s main goal is to protect your legal rights.

How long do You have to File Your Case?

You might have heard that in Florida, the statute of limitations is four years. This goes for car accidents, slip and falls, and other personal injury cases. It does not apply to labor and employment cases.

Per the EEOC, you generally have up to 180 days to file your case. This timeline could be longer based on your situation. You could have 300 days to file. This makes seeking legal action vital. If you fail to file your case within the appropriate period, you could be ineligible to proceed.

We can Manage Your Employment Litigation Case

If an employer violates federal laws, such as those set by Title VII, the Employee Retirement Income Security Act (ERISA), or the Family and Medical Leave Act (FMLA), employment litigation may become necessary.

Employment litigation involves issues including (but not limited to):

  • Breach of contract
  • Workplace harassment (racial, sexual, or otherwise)
  • Trade secrets and non-compete agreements
  • Wrongful termination
  • Whistle-blowing and retaliation
  • Discrimination against protected statuses, including sex, disability, and race

Many of the issues listed above are federal crimes and should be taken very seriously.

We Can Defend Your FMLA Rights

The FMLA is a federal statute that applies to employees who need to take time from work for certain medical or family reasons. The FMLA allows the employee to take leave and return to their job afterward.

In addition, the FMLA provides family leave for military service members and their families–– if the leave is related to that service member’s military obligations.

For the FMLA to apply:

  • The employer must have at least 50 employees.
  • The employee must have worked for the employer for at least 12 months.
  • The employee must have worked 1,250 hours in the 12 months immediately preceding the leave.

You have RIghts if You were Denied Leave

Claims can arise when an employee is denied leave or retaliated against for trying to take leave. For example, it is unlawful for an employer to deny or discourage an employee from taking FMLA-qualifying leave.

In addition:

  • It is unlawful for an employer to fire an employee or cancel his medical insurance because he took FMLA leave.
  • The employer must reinstate the employee to the position he held when leave began.
  • The employer also cannot demote the employee or transfer them to another location.
  • An employer must notify an employee in writing of his FMLA leave rights, especially when the employer is aware that the employee has an urgent need for leave.

Compensable Losses in FMLA Violation Cases

If the employer violates the FMLA, an employee may be entitled to recover any economic losses suffered, including:

  • Lost pay
  • Lost benefits
  • Various out-of-pocket expenses

That amount is doubled if the court or jury finds that the employer acted in bad faith and unreasonably.

You are Protected from Discrimination in Florida

Both federal and Florida laws prohibit discrimination based on:

  • Religion
  • Disability
  • Race
  • Sex
  • Marital status
  • National origin
  • Color
  • Pregnancy
  • Age (generally 40 and over)
  • Citizenship status
  • Veteran status
  • Genetic information

Florida laws specifically prohibit discrimination against individuals based on AIDS/HIV and sickle cell trait.

We Can Represent Your Age Discrimination Case

Age discrimination is treating an individual unfavorably in the workplace simply because of their age. If you’ve been a victim of age discrimination, Bogin, Munns & Munns is here to represent you.

Under the Age Discrimination in Employment Act of 1967, it is unlawful to discriminate against an individual because they are over the age of 40. Age discrimination can often lead to adverse emotional effects.

Our employment and labor attorneys understand how this can impact an individual, which is why we provide compassionate and personalized legal care.

How age Discrimination can Present Itself

We place our clients’ legal needs before our own, no matter what. You deserve an experienced age discrimination attorney to defend your rights if you are facing these situations:

  • Restricted job advancement based on age
  • Adverse work environment through discrimination
  • Reduced compensation
  • Segregation based on age
  • Discrimination against privileges

We can prove that age was a determining factor in your employer’s decision to deny you certain things. If you feel like you’ve been denied privileges or treated unfairly, the employment attorneys at our law firm are here to represent you.

We Can Help if You Experienced Genetic Discrimination at Work

Discrimination based on genetic information is a federal crime following the passing of the Genetic Information Nondiscrimination Act of 2008 (GINA).

The law prohibits employers and health insurance companies from discriminating against individuals if, based on their genetic information, they are found to have an above-average risk of developing serious illnesses or conditions.

It is also illegal for employers to use the genetic information of applicants and employees as the basis for certain decisions, including employment, promotion, and termination.

You cannot be Discriminated Against if You are Pregnant

The Pregnancy Discrimination Act forbids employers from discriminating against applicants and employees on the basis of pregnancy and related conditions.

The same law also protects pregnant women against workplace harassment and secures the same disability rights for pregnant employees as non-pregnant employees.

Your Veteran Status should not Matter in the Workplace

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects veterans from discrimination and retaliation in regard to:

  • Initial employment
  • Promotions
  • Reemployment
  • Retention
  • Employment benefits

We will investigate your situation to prove that you suffered discrimination due to your veteran status.

You are Protected Against Citizenship Discrimination

Federal laws prohibit employers from discriminating against employees and applicants based on their citizenship status. This includes:

  • S. citizens
  • Asylees
  • Refugees
  • Recent permanent residents
  • Temporary residents

However, if a permanent resident does not apply for naturalization within six months of becoming eligible, they will not be protected from citizenship status discrimination.

We Protect those Affected by Disability Discrimination

According to the Centers for Disease Control and Prevention (CDC), over 60 million Americans live with disabilities. Unfortunately, many employers refuse jobs to these people. Some employers even deny their disabled employees reasonable accommodations.

This is where the attorneys at Bogin, Munns & Munns come in. Our Orlando disability rights lawyers have extensive knowledge and experience litigating disability discrimination cases. We have dedicated ourselves to protecting the rights of people with disabilities.

What does the Law Protect You Against?

According to the Americans with Disabilities Act of 1990 (ADA), discrimination based on disability is prohibited. Under the ADA, an employer cannot discriminate against an applicant based on any physical or mental limitation.

It is illegal to discriminate against qualified individuals with disabilities in almost any aspect of employment, including, but not limited to:

  • Hiring
  • Firing
  • Job applications
  • The interview process
  • Advancement and promotions
  • Wages and compensation
  • Benefits

We represent individuals who have been denied access to employment, education, business, and even government facilities. If you feel you have been discriminated against based on a disability, consider working with our Central Florida disability rights team. We can determine if your claim has legal merit.

Our Firm does not Tolerate Racial Discrimination

If you have been a victim of racial discrimination in the workplace, let the attorneys at Bogin, Munns & Munns help. The Civil Rights Act of 1964 prohibits discrimination based on a person’s skin color. Any actions or harassment by employers based on race is a violation of the Civil Rights Act and is cause for a legal suit.

Some examples of civil rights violations include:

  • Segregating employees based on race
  • Creating a hostile work environment through racial harassment
  • Restricting an employee’s chance for job advancement or opportunity based on race
  • Discriminating against an employee because of their association with people of a certain race or ethnicity

We can Protect You Against Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual harassment laws apply to virtually all employers and employment agencies.

Sexual harassment laws protect employees from:

  • Sexual advances
  • Verbal or physical conduct of a sexual nature
  • Requests for sexual favors
  • Sexual jokes

Employers bear a responsibility to maintain a workplace that is free of sexual harassment. Our firm can provide comprehensive legal representation regarding your employment or sexual harassment matter.

You have the Right to be Treated Equally in the Hospitality Sector

Our team is here to assist you if an employee, coworker, employer, or manager in the hospitality industry broke federal or local laws. We can take legal action for workplace infractions involving areas such as:

  • Wrongful termination
  • Discrimination against protected groups
  • Disability rights
  • FMLA rights

While Orlando is one of America’s biggest tourist destinations, employees who work at theme parks, hotels, and restaurants deserve to have equal opportunities. We can take legal action if your rights were violated in these settings.

You cannot be Discriminated Against Based on Your National Origin

National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country, have an accent, or appear to be of a certain ethnic background.

National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin. Discrimination can even occur when the employee and employer are of the same origin.

We can Provide Legal Assistance in these Situations

National origin discrimination laws forbid discrimination when it comes to any aspect of employment, including:

  • Hiring
  • Firing
  • Pay
  • Job assignments
  • Promotions
  • Layoffs
  • Training
  • Fringe benefits
  • Any other term or condition of employment

It is unlawful to harass a person because of his or her national origin. Harassment can include, for example, offensive or derogatory remarks about a person’s national origin, accent, or ethnicity.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents, harassment is illegal when it creates a hostile work environment.

The harasser can be the victim’s supervisor, a coworker, or someone who is not an employee, such as a client or customer.

“English-only” Rules are Illegal

The law makes it illegal for an employer to implement policies that target certain populations and are not necessary to the operation of the business. For instance, an employer cannot force you to talk without an accent if doing so would not impede your job-related duties.

An employer can only require an employee to speak fluent English if this is necessary to perform the job effectively. So, for instance, your employer cannot prevent you from speaking Spanish to your coworker on your lunch break.

We Provide Legal Help for Employers Facing Accusations

Unfortunately, employers can find themselves the target of employment-related lawsuits despite their best practices. Some claims also subject the company officer to personal liability. Employment laws are complex and changing all the time. It is critical to consider partnering with a labor and employment lawyer in Orlando. We can navigate your difficult situation.

Our attorneys represent employers in litigation before administrative agencies, federal courts, and state courts. As noted, we also represent them in arbitrations and mediations.

We Can Help with the Following Issues

If you find yourself the subject of a labor and employment lawsuit, here are some situations we can help you with:

  • Unlawful termination
  • Breach of contract
  • Defamation
  • Discrimination
  • Failure to accommodate disabilities
  • Harassment
  • Negligent hiring and supervision
  • Retaliation
  • Violation of wage and hour laws, including purported class actions
  • Violations of non-competition and non-disclosure agreements
  • Unemployment compensation claims
  • And other matters

We understand employment litigation is charged with emotions and negative publicity. However, we can help our clients minimize these negative effects.

We also can be proactive in assisting our clients with the preparation and maintenance of employee handbooks and policies for distribution and related training. Many times, this proactive approach will work as an added defense to potential claims.

Contact Bogin, Munns & Munns to Learn More

We have 13 locations throughout Florida. We are happy to meet you in the location that is most convenient for you. With our main office in Orlando, we have 12 other offices in:

  • Clermont
  • Cocoa
  • Daytona
  • Gainesville
  • Kissimmee
  • Leesburg
  • Melbourne
  • Ocala
  • Orange City
  • Cloud
  • Titusville
  • The Villages

Our labor and employment attorneys are here to assist you if an employee, coworker, employer, or manager broke federal or local laws.

Start Your Case Review Today

If you have a legal matter concerning discrimination, wrongful termination, or harassment fill out our online Employment Law Questionnaire (for both employees and employers).

We will review your answers and give you a call. During this brief discussion, an attorney will go over your current situation and legal options. You can also call to speak directly to a member of our staff.

Frequently Asked Questions

It is up to the employee to make sure the employer knows of the disability and to let the employer know that an accommodation is required.

It is not the employer’s responsibility to recognize that the employee has a need first.

Once a request is made, the employee and the employer need to work together to find if accommodations are actually necessary, and if so, what they will be.

Both parties have a responsibility to be cooperative.

An employer cannot propose only one unhelpful option and then refuse to offer further options, and employees cannot refuse to explain which duties are being impeded by their disability or refuse to give medical evidence of their disability.

If the employee refuses to give relevant medical evidence or explain why the accommodation is required, the employer cannot be held accountable for not making the accommodation.

Even if a person is filling out a job application, an employer may be required to make accommodations to assist the applicant in filling it out.

However, like an employee, the applicant is responsible for letting the employer know that an accommodation is required.

Then it is up to the employer to work with the applicant to complete the application process.

No, they do not. Employers may even be instructed by their legal teams not to give any reason when delivering the bad news.

Part of the Civil Rights Act of 1964, Title VII protects individuals from discrimination in aspects of employment, including (but not limited to) pay, classification, termination, hiring, employment training, referral, promotion, and benefits based on (among other things) the individuals color, nation of origin, race, gender, or status as a veteran.

Your rights include an ability to vigorously defend the claim. Or, if you perceive there to be liability, you have every right to engage in settlement discussions.

However, you should have an employment lawyer assist you with your valuation of the extent of liability and potential damages facing the company before you make a decision on whether to fight or settle.

It is always best for an employer to talk to an employment lawyer at the inception of an issue rather than waiting until suit is filed. Many times, the lawyer can head-off a potential claim either through negotiation or formal resolution.

Employers also have rights not to be sued for frivolous claims.

While the burden of proof is upon the employer to prove to the court that the claim is frivolous, if successful, and the employer wins the case, it can create a right to an award of their attorney’s fees payable by the employee.

Such right is usually not otherwise available under most employment law statutes.

Promptly contact an employment lawyer. There are significant deadlines and other requirements in responding to a claim that require expertise in employment law.

When meeting with the attorney, have him explain his opinion of the liability risks and extent of damages. You should also develop a plan of action as to whether to attempt an early settlement or fight all the way through trial.

Yes. Employers in the U.S. must verify both the identity and the employment eligibility of each of their employees. They must also verify whether or not their employees are U.S. citizens. These regulations were enacted by the Immigration Reform and Control Act. An employer would file an I-9 (Employment Eligibility Verification Form) and look over the employees submitted documentation alleging eligibility. By law, the employer must keep the I-9 forms for all employees until 3 years after the date of hiring, or until 1 year after termination (whichever comes last).

No, paying an employee a true salary is but one step in properly classifying them as exempt from the overtime requirements under federal law. They must also fit the “duties test” which requires certain job duties (and lack of others) before they can be considered exempt under the law.

Under the Family and Medical Leave Act (FMLA), eligible private employers are required to provide leave for selected military, family, and medical reasons. Note that the required leave under this law is unpaid.

LET US HELP WITH YOUR CASE

Request a Consultation

Request a consultation by filling out the form below, or call us at 855.686.6752. We have over a dozen offices located in Orlando and across Central Florida. We’re happy to answer any of your questions.