Discrimination

Discrimination in the workplace can occur in a variety of ways. If an employer terminated
you from your position, demoted you, or denied your promotion based on your race,
national origin, age gender, disability, or pregnancy, you may have the right to
challenge your employer’s actions.

If you feel that you have been discriminated against or harassed by an employer, supervisor or coworker, contact us to discuss other options that may be available to you through the court system.

The RC Law Group will properly evaluate your claim and work to expedite a resolution on your behalf. If pre-suit resolution is unsuccessful, we will passionately advocate your matter before a judge and/or jury.

Retaliation and Whistleblower Protection

Retaliation

What is Retaliation? Retaliation means any adverse action that has been taken against you because you complained about harassment or discrimination based on a protected category, i.e. your race, national origin, age gender, disability, or pregnancy. For example, it is unlawful to retaliate against applicants or employees for:
  • Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit.
  • Communicating with a supervisor or manager about employment discrimination, including harassment.
  • Answering questions during an employer investigation of alleged harassment.
  • Refusing to follow orders that would result in discrimination.
  • Resisting sexual advances, or intervening to protect others.
  • Requesting accommodation of a disability or for a religious practice.
  • Asking managers or co-workers about salary information to uncover potentially discriminatory wages.
  • Complaining about unpaid wages.
  • Objecting or refusing to participate in an act that is in violation of a law, rule or regulation.
Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it.
Engaging in a complaint or other protected activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences.
However, an employer is not allowed to do anything in response to a complaint or protected activity that would discourage someone from resisting or complaining about future discrimination. If you believe you have been retaliated against, please contact us to evaluate your case.

Wage and Hour

If your employer fails to pay your overtime, breaches a term of an employment contract, or misclassifies an employee, you have rights. At the RC Law Group, we will take the time necessary to conduct a thorough inquiry of your unique facts and develop the best path to help achieve your goal. If you believe that you were underpaid or your employer wrongfully denied you benefits or overtime, you have the right to challenge their actions in court.
Please contact us today if any of the following apply to you:
  • Your employer has wrongfully withheld tips or commissions that were yours per an employment agreement.
  • You are facing a contract dispute regarding your salary or unpaid wages.
  • Your employer has wrongfully withheld payment after you were fired in retaliation.
  • Your employer has failed to pay you for all of the hours and overtime pay you have worked.

Overtime Disputes

Payment in Unpaid Overtime Disputes

As an hourly employee, you are entitled to overtime payments for any hours worked over 40 hours weekly, including the time spent waiting to clock in, working at home, being on call, or working during meal breaks. The Fair Labor Standards Act (FLSA) requires your employer to include overtime payments on the week you worked the additional hours.
If your employer has violated any of these requirements and you have addressed the issue with them in the past without success, do not hesitate in contacting us to ensure your right to your hand-earned wages are not waived.
If our attorneys are unable to reach a solution with your employer in negotiations, mediation or arbitration, our knowledge, and familiarity with the court process will allow us to full heartedly advocate your matter in State and/or Federal court to obtain the financial compensation you deserve including attorney fees.

Employee Misclassification Occurs Often

Employers often misclassify exempt, non-exempt employees, as well as independent contractors, leading to improper payment of overtime, base pay, and other wage issues. If you are a non-exempt employee, you are entitled to one-and-one-half times your regular wage for each hour worked over 40 hours weekly. If you are an exempt employee but fit under a certain salary threshold, you too are entitled to overtime payments. If you believe that you are being misclassified, please feel free to contact us. We can help properly classify you, pursue up to three (3) years of unpaid wages, and assert any other rights as an employee.

Flat Fee Services

Our firm recognizes that it is not always feasible for an employee to pay an hourly fee for our services. For this reason, we provide the below services for a flat fee. Our flat fees depend on the complexity of your matter, however, we provide flexible plans that suit your needs.

Employment Contract Review and Negotiation

All employees should strongly consider reviewing their employment contracts, non- compete, non-disclosure, or non-solicitation agreements with an experienced employment attorney, as these terms will forever impact one’s salary, benefits, or future ability to work.
Non-Compete Agreements:  A non-compete agreement typically precludes an employee from performing specific work for a competitor after termination of the employee’s employment. This can be especially harmful to employees with a limited skill set or with a high-tech job.
Non-Disclosure Agreements:  A non-disclosure agreement precludes a former employee from divulging business or trade secrets. If you have a dispute with a non- disclosure agreement you have been asked to sign or have signed, we can thoroughly read and assess the agreement to help you determine if you have grounds to legally challenge your employer and protect your rights.

Non-Solicitation Agreements:  A non-solicitation agreement is a contract in which an employee agrees not to solicit a company’s clients or customers, for his or her own benefit or for the benefit of a competitor, after leaving the company.

To be enforceable under Florida law, non-compete/non-solicitation agreements must be necessary to protect a party’s legitimate business interests. In addition, the terms of a non-compete/non-solicitation agreement must be reasonable in time (usually six months to two years), geographic scope, and line of business. Whether a non-compete agreement is reasonable is a question for the trial court. If your prospective or current employer has given you an agreement to sign in exchange or consideration of employment, we strongly suggest you have that agreement reviewed by an experience attorney.

Severance / Separation Agreements

When employees are provided with a severance or separation agreement, it is tempting to focus on the monetary amount the employer is offering because of financial constraints. Although this is important, there are a plethora of other non-economic terms and conditions that are crucial to your severance agreement. For example, a non- compete clause may preclude future employment, or include a waiver of a right to sue your employer on any grounds. Before making any decisions to sign a severance/ separation agreement, we strongly advise you to have an experienced employment attorney at our firm review it with you. We tailor our services to your needs and goals by providing a thorough analysis of the agreement and assist you in the next step. If the terms are not agreeable, we will assist you in responding to your employer or will advocate on your behalf in negotiating a more favorable severance package.

Include Employment

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