Experienced Tampa Lawyer Protecting Employees' Rights
At Mitchell L. Feldman, Esq. we represent employees who have suffered discrimination, harassment, wrongful termination and other unfair treatment at work. Our trial attorneys have decades of combined experience handling employment litigation, practicing in state and federal courts. We serve clients in Tampa, Atlanta and throughout Florida and Georgia.
Employment Law Overview
Employment law covers all facets of the relationship between employer and employee — from the hiring process and conduct in the workplace to layoffs and termination. Federal and state governments have created thousands of statutes, administrative regulations and judicial decisions in an effort to protect and empower employees.
Here is a brief explanation of the main federal statutes governing employment law:
•Employment discrimination: Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 outlaw unequal treatment on the basis of race, color, religion, sex or national origin.
•Sexual harassment: Also under Title VII, this provision declares it illegal for employers to make sexual advances or engage in other offensive conduct that creates a hostile work environment.
•Age Discrimination in Employment Act (ADEA): This prohibits the unequal treatment of workers based on their age and applies to workers over 40.
•Disability discrimination under the Americans with Disabilities Act (ADA):This refers to a refusal to hire or refusal to make reasonable accommodations in the workplace.
•Family leave discrimination under the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act: Firing or retaliating against an employee because she becomes pregnant or for taking FMLA leave is illegal. The Pregnancy Discrimination Act sought to prevent the unfair treatment of women in the workplace because of pregnancy, childbirth or maternity leave.
•Wrongful termination: This occurs when an employer fires or discharges an employee on the basis of discrimination or for reporting employer abuses.
•Whistleblower claims: This refers to retaliation for reporting illegal activityand filing claims. According to the Fair Labor Standards Act (FSLA), it is unlawful for companies to retaliate against or get even with workers who file a complaint regarding their employer's alleged unlawful policies, whether or not the alleged violation turns out to be lawful.
•Wage and hour claims: Under the Fair Labor Standards Act, employers must pay minimum wage and overtime to eligible (nonexempt) employees.
•Employment agreements: This includes litigation of non-compete agreements and other employment contracts that create undue burdens on employees.
Florida Civil Rights Act
Florida's parallel Civil Rights Act protects employees in the same classifications, meaning it is a parallel law to the federal legislation noted above. This means workers are protected by both state and federal employment laws. Our lawyers can advocate on your behalf in filing a charge with the federal Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Rights.
Employers may write the paychecks and have the authority to hire and fire, but when they abuse that power, they may be violating state and federal laws meant to protect workers from unfair treatment in the workplace. Taking action against an employer is a daunting process, but we'll fight for you and hold the employer legally responsible for violating your rights as a worker.
Contact Us for Strong Employment Law Representation.