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Employment Law

If you believe that your rights have been violated at the workplace, you should act promptly. Whether you have suffered harassment, discrimination, unfair or unjust treatment, been denied pay, retaliated against, or “wrongfully terminated,” there are many different laws that protect the rights of employees. However, many employment law claims often have very short periods to take action or you risk losing your right to pursue your case.

Employment law is a broad and complex area of the law with a mixture of state and federal statute, regulatory and administrative law, as well as common law. For example, employees bring claims under The Family and Medical Leave Act, Title VII of the Civil Rights act of 1964, The Americans with Disabilities Act, the Age Discrimination in Employment Act, the Florida Civil Rights Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act, Pregnancy Discrimination Act,  the Uniformed Services Employment and Reemployment Rights Act, First Amendment claims, common law negligent hiring or negligent retention, as well as many other laws that could apply in an employment matter.

Our attorneys have handled cases in various areas of labor and employment law and have recovered millions of dollars for individuals that have been mistreated by their employers. Hiring a knowledgeable employment attorney will help you to understand what claims may be available to you, whether the complained of actions may rise to the level of legal claim, how best to preserve your rights, and what steps to take to pursue your claim for damages or other benefits. We represent employees that been harassed, forced to quit or constructively discharged, subjected to a hostile work environment, retaliated against, denied a promotion or raise, or terminated or laid off, with or without a severance.

The attorneys at Kemp, Ruge, & Green will speak to you directly and provide you with a free, confidential case evaluation.By choosing Kemp, Ruge, & Green you will choose a law firm that will tirelessly seek justice for you by leveling the field against employers, both large and small, that likely already have attorneys representing the employer’s interests. Kemp, Ruge, & Green’s employment attorneys will fight to obtain the best possible results for you, take the time to explain to you the aspects of a legal claim, and keep you informed throughout the course of representation. Do not wait any longer or else you may lose your rights to seek justice. Call today.

“Wrongful Discharge” and “Employment at Will”

In Florida, surprisingly, there is not a specific cause of action or lawsuit that you may bring for “wrongful discharge.” Instead, in Florida you primarily may bring claims specifically authorized by statute. Though this may sound discouraging at first, there are numerous exceptions to the commonly stated doctrine of “employment at will” applicable in Florida and most states as well as in federal courts. Call today to speak to the lawyers of Kemp, Ruge, & Green for prompt, free case evaluation to determine if any of these exceptions apply. Examples may include discrimination, harassment, and/or retaliation until Title VII, the ADA, the ADEA, the FLSA, the NLRA, USERRA, OSHA, negligence claims, and other state and federal laws.

Retaliation

If you have been retaliated against because you complained about, supported a complaint of another, or otherwise furthered a complaint or investigation into unlawful harassment, denial of certain benefits or advancement, unequal opportunities, or discrimination, you may have a claim yourself. Employers usually may not take an adverse action against an employee engaged in these actions or others. If they do, you may be able to pursue a claim against the company to seek relief that may include reinstatement, lost wages, future lost wages, attorneys’ fees, compensatory damages, and possibly other statutory or punitive damages. Kemp, Ruge, & Green attorneys have evaluated and strategized thousands of cases to seek maximum compensation for individuals. Call Kemp, Ruge, & Green today to see how we can help you.

FMLA

The Family and Medical Leave Act requires that employers provide employees, when both meet certain qualifications, up to 12 weeks of job protected leave, with limited exception. If you have been denied FMLA leave, interfered with during leave, or retaliated against due to your request for leave, for yourself or a loved one, you may be entitled to damages from the company. Employers have an obligation to comply with the mandates of the law and must not retaliate. Call Kemp, Ruge, & Green today if you believe that you have been retaliated against or harassed due to your use of or request for protected leave.

Title VII of the Civil Rights Act and Florida Civil Rights Act

Under Title VII, it is unlawful for an employer to discriminate against an employee based upon race, sex, pregnancy, color, religion, and national origin.  Other applications of the law have included ethnicity, sexual orientation, and gender identity, though not all are fully established. In Florida, there are even greater protections, including for marital status. Kemp, Ruge, & Green attorneys have seen many different Title VII and FCRA claims, call today for an evaluation of your case.

Sexual Harassment

Under Title VII, both men and women, of all age, race, and color may be victims of sexual harassment, which is an aspect of sex discrimination, prohibited by both federal and Florida state law. A covered employer is legally obligated to provide a workplace and environment free from offensive sexual harassment. Furthermore, an employer must take certain steps to promptly investigation and remediate the inappropriate actions once reported.  Sexual harassment can include coercive behavior from managers and supervisors, peers, or other employees. Sexual harassment remains a prevalent scourge in the workplace, often appearing as inappropriate comments or touching, unwanted advances, quid pro quo, and other offensive acts that create a hostile work environment. Sometimes, the harasser may not even be an employee, such as a customer, vendor, or contractor. Regardless, an employer is obligated to provide a safe work environment for all of it employees, free from sexual harassment. Call Kemp, Ruge, & Green if you are experiencing any of these issues for a prompt, free case evaluation.

The Occupational Safety and Health Act (OSHA)

Pursuant to OSHA, Congress determined that employees have a right to safe, clean work environments. If your employer refuses to provide you with training in your language, provides unsafe conditions, exposes you to harm, toxic chemicals, refuses to provide you with personal protective equipment, or generally fails to provide your employer may be in violation of the Act. If you have been retaliated against because you took action to seek better working conditions for yourself or your coworkers, you have a claim for retaliation. Call Kemp, Ruge, & Green to confidentially discuss your OSHA retaliation claim today.

Americans with Disabilities Act

The Americans with Disabilities Act requires covered employers to provide employees with disabilities a reasonable accommodation, up to the point of undue hardship. Employers may not retaliate against employees for requesting reasonable accommodation, nor may a covered employer refuse to provide an accommodation for an employee if one is available, absent undue hardship. Unfortunately, many employers do not want to “deal” with disabled employees, even though the law is clear that individuals with disabilities, and persons associated with disabled individuals, have the right to work and earn a living in the same way as non-disabled employees, with or without an accommodation. If you have been denied accommodation or retaliated against for requesting accommodation, call Kemp, Ruge, & Green’s attorneys for a review of your case.

Age Discrimination in Employment Act

If you are over age forty, you are likely covered under the Age Discrimination in Employment Act. Covered employers may not discriminate against employees over age forty in favor of younger employees in hiring, pay, benefits of employment and other aspects of employment. Many employees over age forty suffer discriminatory treatment due to their age, including false stereotyping, based upon other employees or management’s discriminatory perceptions of workers outside of their own generation. Employers frequently fail to promote and retain employees over age forty, without any valid basis. If you have been discriminated against due to your age, contact Kemp, Ruge, & Green a confidential review of your case.

Filing with the EEOC, FEPAs, and other Administrative Agencies

If you have a claim with the EEOC or another administrative agencies, you should know that the EEOC and other agencies are generally not your representative. The lawyers at Kemp, Ruge, & Green effectively represent individuals before the EEOC, whether in initiating claims, mediations, or through investigations, advancing your interests only. Administrative claims, including those with the EEOC, require a strong presentation of your case to seek the best possible resolution. Kemp, Ruge, & Green attorneys will evaluate your claim if you have already filed or are considering filing with the EEOC.

Fair Labor Standards Act

In Florida and across the country, employers are legally obligated to ensure that employees are classified correctly for their position, whether they are a salaried or hourly employee. Often, an employer may misclassify an employee to avoid paying overtime pay or other benefits. Employers must pay all employees at least the minimum wage, and employers must pay eligible, non-exempt hourly employees overtime pay for all hours worked in excess of forty in a work week. Employers will seek to avoid this obligation by failing to keep accurate records, misclassifying employees, misstating the law, manipulating time records, or improperly counting workdays or hours worked. If you have not been paid what you are owed, or were retaliated against for speaking up, call to speak with the attorneys at Kemp, Ruge, & Green for your free case evaluation.

Severance and Employment Contracts

If you have been offered a severance contract or employment contract, your employer is likely asking you to give up important rights that you possess as an employee or former employee. If you believe that your employer has breached the agreement or failed to provide you with adequate compensation contact the attorneys at Kemp, Ruge, & Green to review your employment agreements or severance letter. Our attorneys can review your agreements to help you understand how they impact your rights or plan a claim against the employer if they have failed to meet their obligations.