It goes without saying that in the workplace, employees have certain rights that an employer must not violate. These rights begin during the interview process and extend through termination. Here are some key employee rights in the workplace here in Florida and across the United States.
Employers cannot discriminate against employees. That includes discrimination or limiting job opportunities based on an individual’s race, gender, disability or age. These are referred to as Protected Class. In some cases, the protected classes above overlap. Businesses are typically subject to both state and federal laws regarding discrimination.
In some states, there are actually more state laws that apply than federal laws. For example, most federal discrimination laws apply only to companies with 15 or more employees, while a state law may apply if a business has even one employee. An employee also has the right to be free from harassment in the workplace. This right goes hand in hand with the right against discrimination, however, harassment may encompass acts that are not are apparent as discrimination.
Employees have the right to receive fair pay for the work they complete for the employer. If an employer requires certain employees to work overtime, then the laws mandate that the employer must pay the employee for such overtime.
Some categories of employees, however, are exempt from overtime pay. Employees in exempt categories may be required to work many hours beyond their normal forty hour weeks. A lawyer would be able to determine whether or not you are in one of these exempt categories, or whether you are entitled to additional compensation according to federal and state employment laws.
An employee cannot be unlawfully terminated in some instances. All states except for Montana follow the doctrine where both the employee and employer have the right to terminate employment at-will. That usually means for any reason or no reason at all. In some states, however, there are exceptions to that general rule. For instance, if the termination reason goes against public policy, then such termination would qualify as being unlawful. The employee may have a case against the employer.
If you or someone you know has an Employment Law issue, it is advisable to contact an attorney. Call (561) 232-2222 or fill out the contact form here to schedule a complimentary consultation with The Ticktin Law Group. We can help you determine your rights and whether you have a claim against your employer.