Employment complaints may cover a wide range of different work-related disputes. Most of the time, the complaint is filed by an employee against their employer. These can include legal issues such as:
- Employment discrimination (i.e., mistreating an employee due to their race, age, sex, religion, etc.)
- Wage and Hour claims
- Disputes over overtime pay
- Vacation and benefits disputes
- Health care and worker’s compensation
These may be called by various other names like workplace disputes, job complaints, employment claims, and other names.
In the state of Florida, employment complaints may be resolved through a number of different routes. Depending on the type of complaint you have, you will generally have to file with a state employment agency to begin with. An example of this is the Florida Commission on Human Relations, which processes employment discrimination cases in Florida. After filing your complaint with the Commission, they will launch an investigation into your claim and perform various analyses.
Another option may be to file with a federal agency like the Equal Employment Opportunity Commission (EEOC). This may be appropriate for employment complaints that involve a direct violation of federal laws and statutes. For some cases, you may be required to file at the state level before filing with the EEOC.
Lastly, you may need to file a private lawsuit against the employer. This may result in a damages award or other type of remedy. Again, check to see if you need to file with a state body before filing a lawsuit. In most cases, you are required to “exhaust your remedies” at the state level before you can file in civil court. Florida doesn’t have a state department for some types of claims (such as Wage and Hour disputes).
For most Florida employment complaints, legal remedies may include:
- Compensation of financial losses (such as lost wages)
- Restoring of the employee to a previous position after being wrongfully terminated
- Allowing the employee access to promotions, benefits and retirement plans (for instance, if they were denied a promotion due to discrimination)
In serious cases, action may need to be taken against the employer. The employer may need to pay a civil fine, or they may be penalized through other means.
Employment complaints in Florida need to be filed in a very specific manner. Knowing where to file your claim first can be confusing. You may wish to hire a Florida lawyer for help with any employment complaints you may have. Your attorney can guide you through the filing process, and can provide you with legal advice and representation during hearings.