At Adler Wellikoff we have learned how important it is to treat each client individually, to listen carefully to the details of each issue and to tailor our advice and strategy to each client’s specific needs. Our knowledge of federal and state employment statutes and regulations, coupled with our understanding of legal strategies and tactics, allow us to effectively represent our clients whether the desired outcome is compliance, litigation through trial or an amicable, early settlement resolution.
Under federal law, employers are prohibited from discriminating against employees or potential employees based on: age, race or color, religion, disability, national origin, gender and other characteristics.
Employment and Severance Agreements
Employment agreements are contracts detailing what is expected of the employer and the employee, often restricting what employees can do (e.g., confidentiality, non-compete, ownership of work product). Severance agreements, by contrast, document the fact that the employee, at termination, agrees not to sue the employer in exchange for special compensation and other benefits.
Sexual Harassment / Hostile Work Environment
Employees in Florida are entitled to a workplace free of sexual harassment because of their gender, sexual orientation, gender identity and transgender status. Harassment includes, among other things, unwelcome taunts, propositions, dirty jokes and unwanted touching.
Unpaid Overtime and Minimum Wage
Most employees are entitled to a minimum wage and overtime premium pay for hours worked in excess of 40 in a week. Our office will help you determine whether a position requires overtime pay or not under the Federal Fair Labor Standards Act and state wage and hour laws, and how much may be owed.
Retaliation / Whistleblowing
Federal and Florida laws protect an employee’s right to complain or “blow the whistle” about discrimination, harassment or unlawful wage policies without experiencing retaliation. Florida also provides some protections for, among other things, complaining about potential violations of law and matters of public safety. It is illegal for an employer to punish, treat differently or fire an employee for lodging complaints.
While an employee can be fired “at-will,” without warning, an employee cannot be fired because of race, gender, disability, or any other characteristic protected by anti-discrimination laws, or in retaliation for attempting to enforce an employee’s rights to be free from discrimination.