Frequently Asked Questions

The only way to know for sure whether you have an employment law case is to ask a seasoned attorney. Generally, you may have a case if the employer has discriminated or retaliated against you based on gender (for example, sexual harassment), race, medical disability, age, or whistleblowing activity. Or, you may have a case if wage and hour or workers’ comp laws have been violated. When you talk to our experienced employment attorney, we will explain how the law impacts your situation and what legal options you have.

The value of your case depends, in part, on how blatantly and knowingly the employer violated employment laws. If these violations resulted in harm to you, the extent of your damages will also be a factor. “Damages” are losses you incur, including financial losses as well as harms to you professionally and emotionally. In a consultation, our employment attorney in Tampa can provide an accurate estimate of the worth of your case.

Just because an employer classifies you as exempt, or states you are exempt, their claim may not be legally correct. Hence there are thousands of employment law cases across the U.S. filed each month in which workers were not paid overtime wages because they were classified as exempt. This is what we call a “misclassification case.”

If you have a title such as “executive,” “manager,” “director,” or “account representative,” you may assume you are exempt from being paid for extra hours you work. That may not be the case. You’ll need to check with an employment attorney about whether your position meets the exemption definition. But having a college degree and being a white-collar worker or having a fancy job title, or even being called a “manager,” has no bearing on whether you are exempt or entitled to overtime wages.

Employers may have to pay employees for tasks the employees perform before they clock in and after they clock out, typically called “donning” or “doffing.” The time spent waiting also is compensable. If your employer orders or commands you to first set up something, this time should be paid.

A trial provides the opportunity to present evidence before a judge and jury to prove the facts of your case. A great deal of preparation takes place before the trial date, including preparing the plaintiff and witnesses for testimony. A jury is selected by employment attorneys from both sides, then the case is argued until a verdict is handed down. The losing side has the option of appealing the decision, and the judge has the right to reduce the jury award.

That depends on the nature of your case. If you experienced discrimination at work, you can turn to the Florida Commission on Human Relations (FCHR) or the U.S. Equal Employment Opportunity Commission (EEOC). If you need to blow the whistle on negligent actions at work that led to an employee injury, you can contact the U.S. Occupational Safety and Health Administration (OSHA). If your issues relate to getting benefits for an injury at work, you can contact the Florida Division of Workers’ Compensation. There are other agencies that may have oversight of issues related to your employment law case. When you talk to an experienced employment attorney, you can learn which agencies can be involved. It is in your best interests to have legal counsel even before you contact an agency so you know all of your legal options and can understand how your case might proceed.