Employment litigation is a large sector of law focused on the needs of employers and employees. It includes very personal and complex matters. It’s critical to consult an Orlando employment lawyer for up-to-date legal advice and guidance.
At Bitman O’Brien and Morat, PLLC, we strive to achieve the best outcome for you. Our employment attorneys represent employees and employers in various legal guidance and dispute situations. Call us today at 407-815-3110 to consult with an Orlando employment lawyer about your needs and options. We serve Florida with locations in Orlando, Miami, Tampa, and Fort Lauderdale.
These disputes are one of the most common types of employment disputes. They relate to unfair workplace treatment based on protected classes such as:
- National Origin
- Sexual Orientation
This can occur in many ways in the workplace and can take many different forms. Common forms of discrimination occur in the following situations:
- Hiring and Firing Choices
- Promotion and Staffing Choices
- Special Treatment of Employees
- Unfair Wages
- Creating a Hostile Workplace
While these cases often bring financial losses, the effects may go beyond that. You may experience permanent psychological effects like stress, fear and damaged self-esteem. That’s why it’s essential for you to work with a qualified Orlando employment lawyer to best help you.
Depending on the situation, federal and/or state law may prohibit actions based on factors like:
- National Origin
- Sexual Orientation
- Marital Status
If you feel you received unfair workplace treatment, we recommend you speak with an Orlando employment lawyer. They can help you explore your options. Furthermore, if your company is facing any such lawsuit, it is critical you consult an employment lawyer right away. They will help you properly defend yourself.
Here’s a further look at common types of harassment. This includes specific examples of when you should contact an Orlando employment lawyer.
The Civil Rights Act of 1964 makes it illegal for employers to discriminate against employees based on their race. This applies to both current employees and prospective new-hire employees. You should consult with an Orlando employment lawyer if you experience any of the following:
- Workplace harassment or disparate treatment based on race
- Hostile workplace with racial harassment
- Lack of career growth based on your race
- Unfair treatment based on race
Sexual Discrimination or Harassment
The Civil Rights Act of 1964 also applies to harassment based on sex. Title VII defines sexual harassment as a form of sexual discrimination. This protects employees from actions committed by managers and peers alike. Reach out to an Orlando employment if you are the victim of:
- Unwanted sexual advances
- Requests for sexual favors
- Repeated and unwanted sexual requests
- Verbal or physical conduct of a sexual nature
- Lack of career growth without sexual favors
The Age Discrimination in Employment of 1967 makes it unlawful for employers to discriminate against persons of certain ages. In general, they cannot discriminate against those over the age of 40 years old. The age may differ in some cases. Employers cannot deny certain employee rights or conditions based on age alone. This applies to:
- Job Duties
- Training or Coaching
National Origin Discrimination
An employer cannot discriminate against present employees nor potential hires on the basis of their national origin. This applies even if the employer and employee are of the same national origin. An Orlando employment lawyer may be able to help you if you experience unfair treatment due to:
- Being from a certain country or part of the world
- Appearing to be a certain ethnic background even if you are not
- Being a certain ethnicity
- Having an accent
- Being close with or married to people of a certain ethnicity
Working with an Orlando Employment Lawyer
Under state and federal law, it is illegal to discriminate against employees for various reasons. This includes wrongful action or bias against an employee for:
- Seeking the services of an employment lawyer for the claims
- Taking part in cases or legal actions related to claims
In employment disputes, we represent employers and employees. We know the various pitfalls and levers to best assist our clients. Whether they are managers or wronged employees, we know what’s best for our clients. When you work with an Orlando employment lawyer on our team, they work for your best interests.
Violations of the Fair Labor Standards Act
Another type of employment law is access to fair pay. The Fair Labor Standards Act, or FLSA, covers an employer’s legal provisions regarding minimum wage and overtime pay. For employees, the FLSA governs their right to certain wages. Marking an employee as “exempt” or “non-exempt” affects wage provisions.
Deciding the legal status of employees as exempt or non-exempt is very fact-specific. It depends on their specific role, skills, and duties. For example, an exempt employee:
- Gets paid on a salary basis
- Performs e-suite, skilled, or admin job duties
- Earns at least $35,568 per year or $684 per week
Under the FLSA, if you do not meet these standards, an employee may qualify as non-exempt. The FLSA mandates employers must pay all non-exempt employees’ wages equal to the federal or state minimum wage. Employers must pay whichever is higher. Few exceptions to this exist. Our qualified Orlando employment attorneys can help you understand your status and what it means.
The FLSA also defines overtime pay. In most conditions, non-exempt employees qualify for overtime pay after working more than 40 hours in any given work. Your employer must pay a minimum of 1.5 times your regular hourly wage for any extra hours you work. This applies even if you worked less than 40 hours in any previous or next workweek.
On the other hand, exempt employees do not qualify for overtime pay. This is regardless of how many hours you work as an exempt employee in any given workweek. However, you earn your full salary for any workweek that you work at all. In general, an employer cannot reduce an exempt employee’s pay based upon the number of hours worked.
An Orlando employment lawyer can represent you whether you are an employee or an employee. Whether you seek to recover wages or you are the target of the lawsuit, we can help. We can assist with all types of legal disputes regarding the Fair Labor Standards Act (FLSA).
Employers make efforts to prevent employment lawsuits. However, they also take measures to protect themselves. This may lead to legal action against employees. An employment lawyer can represent you.
Some employers ask employees to sign a non-compete agreement. This is often because employees access info and resources that could harm the employer if competing parties obtain them. This also happens because employers invest many resources into training employees and do not want employees opening competing businesses.
A non-compete agreement is a contract between an employer and an employee. The employee agrees not to engage in actions that would compete with the business interests of the employer. The agreement prevents engaging in competing employment within a limited time period after the employment contract ends.
These agreements often prohibit an employee from obtaining employment with or becoming a direct competitor of the employer. The agreement may also affect your rights to enter certain markets or professions. If in breach of a non-compete agreement, you may be liable for money damages to the employer. You may also be subject to injunctive orders preventing further competition.
In Florida, non-compete agreements are often held to be valid, legal, and enforceable. However, courts can declare them invalid. An Orlando employment lawyer can help you understand the fact issues surrounding validity of non-compete agreements. For instance, they may be rendered invalid if they do not protect a company’s legitimate business interests. This may also occur if they are too restrictive in length of time or geographic restriction. Deciding this is fact-specific and varies depending on a range of factors, but the restrictions must:
- Be in writing and signed by the employee
- Protect a valid business interest of the employer
- Be limited to a length of time and geographic area within reason
- Be limited within reason to the type of business action protected
We represent employers and employees alike in legal disputes related to employment matters. Our Orlando employment lawyers represent both types of clients in to draft these agreements or to litigate these disputes.
What Are Trade Secrets?
Trade secrets are private knowledge, practices, or processes that give an enterprise a commercial advantage over others. Trade secret laws prevent the wrongful disclosure, financial exploitation, or misappropriation of trade secrets.
To qualify as a trade secret, the info must:
- Be unknown to, and not accessible by, opponents, certain personnel or the public
- Have enough commercial value to create an advantage in the marketplace
- Be the subject of reasonable measures to maintain the secrecy of the information
There is no process to register trade secrets as the essential info must remain secret.
A business may consider almost anything a trade secret but the courts look to:
- Business Plans
- Food or Drink Recipes
- Lists of Customers
- Databases of Info
- Methods of Manufacturing
- Research and Development Data
- Proprietary Computer Programs
- Chemical Formulas
- Marketing Analysis
- Product Designs
- Forecasts for an Industry
- Business Manuals
- A company’s financial records
A trade secret owner cannot prevent an opponent from using items found through separate research, testing, or public knowledge.
Who Our Orlando Employment Lawyers Assist
Our Florida attorneys serve employers and employees alike. We always work in your best interest. Rest assured your Orlando employment lawyer will be your best advocate.
Cases for employers versus employees differ. If you are an employer, it is critical for you to evaluate everything before taking any further action. If you believe the claim against you is baseless and false, prepare to fight it. If believe you could be in the wrong or don’t have proof to defend yourself, you still have options.
This is a good time for you and your Orlando employment lawyer to engage in settlement discussions.
As an employee, we understand suing your employer can be scary. In many cases, especially related to discrimination or harassment, the process is very emotional. However, your Orlando employment lawyer is here to help you. They care about you and helping you receive the best possible outcome. Choose Bitman O’Brien & Morat, PLLC. Put yourself in the hands of caring and qualified Florida employment lawyers.
When to Work with an Orlando Employment Lawyer
No one should feel unsafe in the workplace. Everyone has a legal right to being treated fairly at work. Many employers believe that, as it is their company, what they say goes. However, local, state and federal laws stand to disagree.
Do not write off your experience as just a part of your job. When you feel you are the victim of any unfair workplace practice, contact an Orlando employment lawyer. Even if you feel your job or experience is too small, it still matters.
Our caring Florida employment attorneys understand the special position many residents find themselves in. As our state relies heavily on tourism and hospitality, many people experience unique conditions. However, when you hire an Orlando employment lawyer, you have someone on your side who understands your experience. We’re prepared and qualified to be your partner in fighting to be treated fairly at work. Talk to us about any labor or employment issues you experience.
Why Choose Us as Your Orlando Employment Lawyer
At Bitman O’Brien & Morat, PLLC, we operate with a focus on customer service and practical guidance. You want an Orlando employment lawyer you can trust to provide you with the best advice. Avoid wasting your time on fruitless legal matters. Each thing our lawyers do is in your best interest. We put you first every time.
Work with a team of highly qualified and innovative employment lawyers in Florida. We strive for success in every matter. Our forward-thinking approach leads us to consider every nuance to achieve the best outcome for you. Every Orlando employment lawyer on our team takes pride in their work. It drives them to provide you with the absolute best customer service and legal advice.
Hiring An Orlando Employment Lawyer
At Bitman O’Brien & Morat, PLLC, our employment attorneys care about your best interest. To learn more or to consult with a qualified and committed employment lawyer, please call us at 407-815-3110. We serve you with offices in Florida in Orlando, Miami, Tampa, and Fort Lauderdale.