A worker may be able to sue their employer for a variety of reasons based on both state and federal laws. An employer cannot harass workers, discriminate against workers, and not pay workers for time they worked, among other things.
Examples of the many different laws that can apply to a workplace include, but are not limited to:
Florida lawyers are able to give their clients advice on how any of these laws may apply to their workplace and answer questions about suing my employer in Florida. There are federal and state laws that prohibit employers from engaging in sexual harassment and discrimination.
Other laws apply to workers’ compensation issues that arise when an individual is injured at their workplace. Legal concepts found in personal injury law may also apply, depending on the worker’s situation.
When a worker is attempting to establish a union, there are federal laws that provide guidelines for what workers and employers are allowed to do when creating a union organizing campaign. If there is already a labor union at an individual’s workplace and an issue arises, they will most likely have to follow their union grievance procedures.
In some situations, there may be an applicable project labor agreement that defines the duties and rights of workers and employers on construction sites. Employers and workers are also allowed to reach employment agreements that outline the duties and rights of the parties involved in other types of work projects.
On What Grounds Can I Sue My Employer?
There are many different examples of grounds that a worker can use to sue their employer, which are discussed in the following section.
Wrongful termination
If a worker is fired from their position in a way that violates a law, it is called wrongful termination. This can happen if a worker is fired based on a protected characteristic such as their age, gender, or race.
Discrimination that violates the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) gives an eligible worker up to 12 weeks of leave for specified medical reasons. When a worker is on leave, their employer has to continue to give them health care benefits and keep their position or an equivalent one open for them to return to.
Sexual harassment
The law recognizes two categories of sexual harassment that can happen in a workplace, hostile work environment sexual harassment and quid pro quo harassment. If sexual harassment makes a worker unable to do their job duties, hostile work environment sexual harassment is occurring.
When an employee who holds a position of power in the workplace demands sexual favors in exchange for positive work consequences, such as a promotion, the worker may have a quid pro quo harassment claim.
Discrimination that violates the Americans with Disabilities Act (ADA)
The ADA is a federal law that prohibits an employer from discriminating against or taking negative employment actions against a worker because they have a disability. Employers also have to make reasonable accommodations for a disabled worker to be able to perform their job duties.
Workers’ compensation
When a worker is injured at their workplace, they can seek workers’ compensation. Employers have to provide these benefits regardless of fault.
If an employer does not give these benefits, a worker can file a claim with the proper Florida agency. Employers are also prohibited from retaliation against workers who file for workers’ compensation.
Retaliation for whistleblowing
An employer is prohibited from illegal retaliation for whistleblowing. A worker becomes a whistleblower when they report unethical or illegal conduct on the part of their employer.
Violations of occupational health and safety regulations
The federal agency that oversees safety in workplaces is the Occupational Health and Safety Administration (OSHA). A worker has the right to speak up when there is a threat to their health or safety issue in their workplace without fear of retaliation.
Under federal law, workers have numerous rights, including working with safe machines, having the equipment necessary to safely complete their duties, and being trained in workplace safety and health in a language they understand.
If a worker is retaliated against for speaking up about an issue, they can file a whistleblower complaint with OSHA within 30 days of retaliatory conduct from their employer.
Breach of employment contract
If an employer does not fulfill their obligations under an employment contract, they can be sued for breach of employment contract. If, for example, an employer does not provide a benefit listed in their contract, it is considered a breach.
Violation of the Fair Labor Standards Act (FLSA)
There are many different requirements for employers under the Fair Labor Standards Act, such as paying workers minimum wage and overtime pay for hours worked over 40 in a week.
If an employer violates the FLSA, a worker may be able to recover compensation as well as back wages for any wage or overtime violations. For a worker to find out what claims they may have against their employer, it is important to schedule a legal consultation in Florida.
What Evidence Do I Need To Sue My Employer in Florida?
When a worker has an issue or a dispute with a Florida employer, there are many different types of evidence they may be able to present to support their claim, such as:
- Their job description
- Their performance evaluations
- Any disciplinary documents
- The employee’s responses to any administrative charges
- The employment handbook
- Communications such as emails, memos, text messages, and others
- The employment contract, if there was one
A lawyer in Florida can help a worker figure out what documents can help them support their claim against their employer.
What Is the Legal Process for Suing an Employer in Florida?
When a worker needs to sue their employer in Florida, the first step is to reach out to an attorney. A worker’s Florida attorney can help them file a claim with their employer’s internal department, the proper external Florida agency, or in court.
It is common for a worker to have to start the process within their employer, through their employer’s complaints processes. Their attorney will help ensure that they meet all deadlines and their claim is not dismissed, no matter where it is filed.
What Compensation Can I Recover Under Florida Law?
If a worker files a lawsuit against their employer, they may be able to recover different forms of compensation. It is common for a worker to request compensatory damages, which are funds that are given to a worker as compensation for their lost wages and benefits.
If a worker desires it, they can also request equitable damages, or non-monetary damages. This can include getting their old job back, having the company revise policies, or other non-monetary actions.
Do I Need a Lawyer for Help With a Workplace Dispute?
If you are a worker in Florida who has a workplace issue, it is very important to consult with a Florida workplace lawyer. Your lawyer will help you throughout the resolution process with your employer, with a Florida agency, and in court.
LegalMatch provides a free attorney matching service that you can use in as little as 15 minutes online to find a Florida lawyer near you today. You will have access to each responding attorney’s background, fees, and client reviews to help you decide the best fit for you.
