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AREAS OF LAW
Bankruptcy Law
Business Law
Criminal Law
Employment Law
Estate Law
Family Law
Immigration Law
Ley de Inmigración
Incorporation
Personal Injury
Property Law
Sexual Harassment
Social Security
Tax Law & Services
Workers Comp
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What Is Employment Law?
Employment Law is the legal specialty that regulates the operation of the labor market in general, and the employment relationship between employers and employees
in particular. Examples include the hiring process, suspension from work, maternity rights, layoff, wages and overtime pay, discrimination, defamation, breach of employment
contract, retaliation, freedom of speech in the workplace, and unemployment compensation.
Employment law is governed by numerous laws, regulations and ordinances at the Federal, State and sometimes, the local ordinance level.
In a Nut Shell:
There are numerous Federal Laws which are generally tailored to protect societal interests such as the Anti-Discrimination provisions embodied in Title VII.
Generally speaking, Title VII protects employees from discrimination based on sex, gender, race, ethnic background, religion and retaliation. Title IX similarly
protects employees who work for an educational institution. Additionally, laws protecting whistleblowers, pensions, retirement accounts governed by ERISSA,
unpaid overtime under the Fair Labor Standards Act, abound. Other well recognized laws include the ADA (Amended to be the ADA AA) protect individuals from
discrimination due to a disability so long as they can perform the essential functions of the job. Under the ADA, an individual with a qualified disability may
also require his or her employer to provide reasonable accommodations to accommodate the disability. The ADEA (Age in Discrimination Employment Act) protects
employees who are over the age of forty from discrimination based on their age. Additionally, the FMLA (Family Medical Leave Act) made into law by President
Clinton, protects covered employees for up to 12 weeks of medical leave to take care of themselves and/or their significant other. In order to be covered, an
employee must have worked for his or her employer for at least one year and 1,250 hours. The FMLA is intended to protect only the employees right to return to
work for up to 12 weeks of unpaid leave. However, the employee is entitled to use his accrued vacation pay and sick leave.
Each State, as a sovereign entity, is entitled to give additional protections than those afforded by Federal Regulations. In Florida, such laws include Florida
Statute Chapter 760 (dealing with anti-discrimination and anti-retaliation provisions), Florida Chapter 448 (dealing with unpaid wages and the private whistleblower
act. Additionally, State Governments and its municipalities are governed and regulated by Florida Statutes Chapters 112 and 120. Florida has also instituted
anti-retaliation provisions which prevents and employer from retaliating against an employee for filing a workers’ compensation claim, and for attending Jury Duty.
There are many other protections afforded to employees in Florida. To give an example, under Florida Statute 540.08, an employer cannot require an employee to have
his picture distributed in a yearbook. Because many unusual laws exist and there are many requirements exclusions, it is imperative that an employee who believes
they have been wronged, or an employer seeking to comply with all employment laws, to seek the advice of competent counsel.
In addition to the governmentally enacted laws, the employment relationship may be governed by written contracts (so long as the clauses do not violate
inalienable rights). The employer and employee may enter into a written contract that establishes elements such as termination only for cause. Additionally,
Unions are governed by a collective bargaining agreement which bind the employer and employee to abide by certain guidelines, including redress through a
grievance and arbitration process.
Practical Notes:
When an offer for employment is made by an employer to an employee, the law governing the relationship between an employee and an employer begins.
EMPLOYERS
Employers should implement preventive strategies to minimize risks of costly litigation. Towards this end the office of Arcadier and Associates offers:
- Employer risk management
- Create or ameliorate the company's policies and procedures handbook
- Business Consulting and Advice
- Employment Contracts
- Overtime Pay Consultation
- Non-compete agreements
- Confidentiality agreements
- Severance packages agreements with general releases
- Contract review
- Non disclosure agreements
See also our Business Law section. We also offer employers all aspects of litigation support to handle employment matters including:
- Unemployment Compensation
- Litigation and Trial Work
- The Age Discrimination in Employment Act (ADEA)
- The Americans with Disabilities Act (ADA)
- The Family Medical Leave Act (FMLA) [view our video]
- The Fair Labor Standards Act (FLSA) [view our video]
- Discrimination on the basis of race, gender, religion, national origin, or sexual orientation (Title VII and Florida Civil Rights Act)
- Florida Publish and Private Whistleblower actions
- Equal Pay Act
- Workers Compensation retaliation
- Sarbanes-Oxley Act (retaliation)
- Whistleblower representation [view our video]
If you are a small- to medium-sized business with legal matters involving charges of discrimination, a civil action, wage and hour claims,
drafting or enforcement of non-compete agreements, employment agreements, severance agreements, or policies and procedures, Arcadier & Associates
can represent you.
Arcadier & Associates can help you draft and negotiate a fair severance agreement. If you are an employee who has been offered a severance
agreement by your employer, it is important to remember that the agreement is usually drafted with the employer's best interest in mind. On the
other hand, if you are an employer with concerns about potential future legal action by an employee, we can help you draft a reasonable agreement
that is fair, satisfies the interest of both parties, and protects your business.
- Advice about equal employment opportunity and other related legal requirements;
- Advice on employee hiring and promotion interviews and decisions;
- Advice on employee discipline, including reprimands, pay cuts, and demotions;
- Advice on handling employee suspensions and termination decisions;
- Advice on responding to unemployment compensation claims;
- Advice on how to avoid wrongful termination claims;
- Preparation of legal documents in all administrative and legal matters involving legal business representation.
We offer contract creation and review for business purchases, business acquisitions, and agreements with other businesses and individuals.
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EMPLOYEES
Employment law is a complex, ever-evolving specialty in the practice of law. Employees are well advised to seek competent professional legal
advice when an employment law issue arises. Employment Law has many strict deadlines as it pertains to filing of claims, as such, it is imperative
for employees to assert their rights as soon as possible. Oftentimes, it is advisable to seek legal representation before the adverse employment
action occurs, such as, while the employee is still employed with the employer.
We represent employees in all employment related issues including:
- Unpaid Overtime [view our video]
- Unemployment Compensation
- Age Discrimination in Employment Act (ADEA)
- The Americans with Disabilities Act (ADA)
- The Family Medical Leave Act (FMLA) [view our video]
- The Fair Labor Standards Act (FLSA) [view our video]
- Discrimination on the basis of race, gender, religion, national origin, or sexual orientation (Title VII and Florida Civil Rights Act) [view our video]
- Florida Public and Private Whistleblower actions
- Workers Compensation retaliation
- Sarbanes-Oxley Act (retaliation)
- Whistleblower retaliation [view our video]
- Hostile work environment
- Unlawful termination [view our video]
Workplace violence
Battery / Assault
Defamation, Libel and Slander
Unpaid Wages
Sexual Harassment
Title VII and Title IX
Appeals
Name clearing hearings
Breach of Contract
Collective Bargaining
Due process violations
Union representation
PERC and FCHR Hearings
EEOC and FCHR filings
Severance and separation packages
Contract review
Discrimination, prejudice, harassment, hostile workplace, and other forms of unfair treatment at place of employment can be devastating to a person's
sense of dignity and mental well-being. If you have suffered such treatment on the basis of age, race, gender, national origin, sexual orientation, or a
disability, options are available for you to seek legal recourse. We have extensive experience in pursuing violations of the Florida Civil Rights Act
(FCRA), the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA), Employee Retirement
Income Securities Act (ERISA), Title VII of the Civil Rights Act of 1964, worker's compensation retaliation claims, and more.
Many legal rights conjure the right of an employee to collect attorney (lawyer) fees land costs upon prevailing or being designated as the prevailing
party. As such, what would oftentimes be fees and costs exceeding the 10s of thousands or hundreds of thousands, employees may retain competent counsel
on a contingency fee basis. Every case is different and every attorney may interpret a case differently. As such, retainer or engagement contracts are
often individually tailored.
In evaluating your case, however, usually employment law attorneys and lawyers require payment for the consultation fee. This is because, many times,
employees do not have an actionable case as simply an “unfair” termination is not illegal in an employment-at-will State such as Florida.
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Employment Law Videos
View our Employment Law videos.
If you need an experienced, focused, and qualified attorney, contact the law office of Arcadier & Associates, P.A. If your issue requires legal expertise outside our areas of expertise, we will refer you to a qualified competent attorney to address your particular needs.in an area of law, Our Melbourne office is centrally located, enabling us to serve clients throughout "the Space Coast", including Brevard County (from Titusville to Palm Bay) and Vero Beach. See our map, directions and location.
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Call Now!
(321) 953-5998
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