Choosing the Right Employment Law Attorney in Fort Lauderdale: Your Ultimate Guide

The Importance of an Employment Law Attorney

It is true, of course, that you don’t absolutely need an employment law attorney in Fort Lauderdale for every employment issue. Some are clear-cut, and you can probably make your way through them without stumbling into a legal pitfall. Other times, it’s very important that you have a seasoned attorney on your side to protect your interests.
In general, an employment law attorney’s services will become more and more essential the greater the cost in either time or money of making a mistake. Below are some of the issues that can lead you to seek the counsel of an employment law attorney.
A good attorney will be able to look objectively at your situation and let you know whether you’re entitled to damages, how much, and what kind of evidence you’ll need to win your case. Sometimes they’ll let you know that you have no recourse and that what you’ve experienced thus far is just part of the natural ebb and flow of business. It’s useful to know this upfront so that you don’t waste time and resources pursuing a claim that’s unlikely to succeed.
If the employer is unwilling to negotiate with you on these points or if you’ve been around the block a few times and feel that you’ve reached an impasse, it may be time to involve your attorney. This is particularly relevant if your old employer has retained outside counsel and that attorney is preparing to mount a defense on your former company’s behalf.
Before you file a lawsuit against your former employer, you must spend some time exhaustively investigating the matter internally . Such investigations are sensitive affairs and can have significant legal ramifications. Even after you incorporate all the feedback you receive from your manager or HR, you must still run your findings by an employment law attorney to ensure that you’ve handled everything properly and haven’t implicated yourself or won yourself any unnecessary scrutiny.
If you’re facing harassment on the job, the best option is to first speak to your HR department. They’ll usually ask you to write a report, and then they’ll investigate the matter on your behalf. This can be good and bad – it’s generally better than saying nothing at all, but you’ll be facing the same problem with an internal investigation as you would be with any possible lawsuit, as you could be placing yourself in harm’s way unwittingly.
The facts are the same as for internal investigations: if you are speaking on the record and being cross-examined on your testimony, you should have an attorney to help you navigate the legal waters. Additionally, employment law attorneys often serve as counselors when it comes to deciding whether to settle out of court or pursue a lawsuit.
If your old employer has filed a lawsuit seeking monetary damages from you, consulting an attorney immediately is the best policy. This is particularly relevant if there is any criminal aspect to the case. The stakes are high, and you want an employment law attorney who will work hard to make sure that they don’t get any higher.

Typical Employment Law Disputes in Fort Lauderdale

In Fort Lauderdale, as in many other parts of Florida and the United States, employment law issues can manifest in various ways that may require legal intervention. Wrongful termination is the most common concern, which occurs when an employee believes they were terminated for an illegal reason, such as discrimination based on age, race, gender, or disability. Individuals who suspect they were fired for an unlawful motive may benefit from the services of an employment attorney who can help them determine if they have a viable claim.
Another issue that may arise is workplace discrimination, which involves unfair treatment of an employee or a job applicant based on their race, color, religion, sex, national origin, age, disability, or genetic information. Although anti-discrimination laws offer protection, they do not apply in all situations, and not all disparities in treatment can be considered discrimination. This is where an attorney specializing in employment law comes in. They can advise and represent clients who believe they have been discriminated against in violation of these laws.
Unpaid wages are also a frequent source of contention between employers and employees. Employers must pay their staff in accordance with federal and state laws, and failure to do so for any reason can result in significant legal issues. An attorney can review pay practices in the context of Fair Labor Standards Act (FLSA) standards and determine whether there are grounds for a wages-related lawsuit.
Violations of the Family and Medical Leave Act (FMLA) can occur, leading to a need for representation. Although the FMLA protects employees in Fort Lauderdale who need time off to care for an immediate family member with a serious condition or to take care of their own health condition, violations can happen. Through legal representation, employees can take action against their employer if their rights to FMLA leave have been violated.
Fort Lauderdale residents may be victims of hostile work environments, which can make it impossible to perform their job. If the harassment is severe enough to create an abusive work environment, the victim might be able to file a hostile work environment claim to seek justice against the harassing behavior.
Although some employment law issues can be resolved through dialogue directly with management, others require legal action. By retaining the services of an experienced employment law attorney in Fort Lauderdale, Florida, employees can ensure that their legal rights are protected. There are a number of legal guidelines that should be followed after an employment law violation occurs, and an experienced attorney can offer the assistance and guidance required to possess the highest likelihood of receiving a favorable outcome.
Typically, an employee will need to file a claim with the EEOC prior to filing a lawsuit. In most cases, the complaint must be lodged within 180 days of the occurrence or the employee’s knowledge of the occurrence. After the EEOC reviews the complaint and determines that the situation warrants further legal action, the employee can pursue a lawsuit to seek damages for wrongful employment termination, workplace discrimination, unpaid wages, and other claims.

Tips for Selecting the Most Suitable Employment Law Attorney

When it comes to selecting an employment law attorney in Fort Lauderdale, there are several factors to consider that will help ensure you make the right choice for your unique situation. First and foremost, you’ll want to find an attorney who has experience in handling cases that are similar to yours. Whether you’re dealing with a discrimination case or a hostile work environment, you’ll need a seasoned expert who knows how to approach and navigate the legal process with skill. You have enough on your plate already dealing with the issues at hand, the last thing you want in a lawyer is someone who is unfamiliar with the landscape. Beyond experience, however, you’ll also want to find a lawyer who has a stellar reputation. An attorney with a good reputation won’t be much use to your case if he or she is inexperienced, and vice versa. Finding an attorney who is successful and well-respected broken down by both experience and reputation figure is key to finding the right fit for you and your case. After that, you’ll want to narrow your search by looking into how specialized your attorney’s practice is. While a good "general practice attorney" may be effective, if you need someone with specific experience of discrimination cases, then you’ll need to get very specific with your search. An attorney who specializes in or has extensive experience with your particular issue will be your best bet for a successful case. Since no one wants to hire someone who cannot deliver results, the final step in the process is reading client testimonials and reviews for the lawyer in question. Most reputable attorneys these days have their own websites with plenty of information about their practice and reviews from past clients. If you can’t find any reviews, try searching for client testimonials elsewhere online to get an idea of whether or not an attorney is right for your case.

The Ins and Outs of Employment Law Regulations in Florida

An essential part of understanding employment law in Fort Lauderdale is to know about the regulations that apply in Florida. Although plenty of federal guidelines oversee the workplace, these don’t always apply. For example, if your situation doesn’t involve any civil rights issues, it’s important to know that federal employment laws do not come into play.
At-will Employment
Florida is an at-will state, meaning employees usually work for as long an employer wishes. There are some exceptions, such as a signed contract, but most cases, both employers and employees can terminate their relationship with notice. Unlike some states that have exceptions, Florida’s at-will employment law doesn’t consider length of employment. An employee cannot sue an employer simply because he or she gets fired after five years of being a star performer. That said, Florida follows a public policy exception, which permits some employees to sue. This exception applies to whistleblowers and a few others who are protected by specific statutes.
Discrimination
Of course, there are exceptions to at-will employment. For instance, no one should be terminated based on race, color, national origin, sex, pregnancy, age, marital status, genetic information, disability, religion or protected activity. In fact, federal, state and local laws prohibit discrimination in hiring, firing, promotion, layoff, salary, job training, fringe benefits and related to all other types of employment terms. Although the federal Americans with Disabilities Act does not apply to employers with 14 or less employees, Florida law goes a step further and prohibits employers from even having 5 employees from engaging in employment discrimination.
Salaries
Do you know how much Florida employers should pay their workers? What about overtime pay? Employees must be paid weekly, and hourly workers should receive a paycheck that includes all hours worked. If an employee is exempt, such as an executive or manager, his or her salary should be equivalent to the employee’s regular workload. However, if that employee regularly works more than 40 hours per week, the employer may need to pay overtime, which is 1.5 times the employee’s salary rate.
Leave
Employers aren’t prohibited from offering sick leave or PTO, but there’s no state or federal requirement to offer time off for illness, vacation, personal reasons or religious observance. Vacation pay is not required at federal or state level, but if offered, it’s considered wages to be paid at termination. Also, Florida does not have any laws related to paid or unpaid maternity leave.

Getting Ready for Your Consultation

The first step in meeting with an attorney is making sure that you have all of the necessary information that can be provided to your attorney. There are a number of items that it would be wise to prepare ahead of time prior to your meeting. It is also important to have a list of questions you would like to ask your attorney during the consultation.
Documentation:
Written Documentation: You should have copies of any relevant written documents, such as any contractual agreements you may have with your employer, offer letters, performance reviews, disciplinary letters and any other important documents that would assist an attorney to evaluate your case.
Emails and Text Messages: In this digital age , many employment agreements, such as bonus agreements, can be found in an email correspondence. In addition, employees sometimes send and receive text messages about their employment, such as salary negotiations and other employment-related matters. Consider printing out this material in advance for the attorney to review.
List of Questions: You should also arrive at your consultation with a list of questions. Some suggestions of questions include:
Timing:
It is also important to consider the timing of ordering your documents. You should be careful of waiting too long before your consultation. Many documents must be provided to an attorney prior to filing in court. You don’t want to miss an important filing deadline.

Importance of Mediation and Litigation in Employment Law Cases

Mediation is a voluntary process in which an impartial third party assists both the employee and employer in settling their disputes. Many employment contracts mandate mediation as a first step towards resolving employment related issues. The focus during the mediation process is on settlement, which is often non-binding, and costs substantially less than litigation. The mediator’s job is to assist the parties in discussing their differences, coming to a mutual understanding of impact of the disputes at issue and making suggestions as to possible solutions. If the parties reach an agreement, the mediator may draft a settlement document. However, the mediator cannot force a party to be bound by an agreement. All parties must be willing to compromise and be amenable to a settlement. A judge or jury decides litigation after hearing the facts of the case. Employment law claims may be resolved through a forty-two (42) week litigation process which includes discovery, the exchange of information between the parties. It costs far more than mediation and may take years to conclude. At the conclusion of the trial, the judge or jury will deliberate and deliver a verdict. Even if a trial verdict is reached, post trial motions practice may occur. The judge may conclude that he/she improperly made a ruling during the trial. In that instance, any damages or verdict could be set-off. A motion for summary judgment may also be filed arguing that there are no genuine issues of material fact to be decided at trial, which oftentimes is the case. Sometimes mediation fails and litigation ensues. If an employer terminates an employee and the employee sues, the employer needs an attorney. For example, the businessperson in our example above needs an attorney likewise. A lawyer will forcefully advocate your position. Your employer has an attorney. You need one too. By hiring an attorney from the onset of the employment dispute process, you can protect your rights from the outset. Hiring the right lawyer can make all the difference when an employment dispute arises. A lawyer helps you through every stage of the process.

Employment Law Attorney FAQs in Fort Lauderdale

It’s natural to have a few questions before bringing a Fort Lauderdale labor and employment attorney on board. Here are some of the most common inquiries from prospective clients and their answers:
Per Hour vs. Flat Fee? Flat fees tend to dominate in cases that are either settled before the lawsuit is filed or settled shortly after filing. By contrast, hourly fees work best where the case has a high likelihood of litigation and the lawyer can’t make an accurate estimate of the time involved. The specific retainer amount and fee agreements will depend on the attorney and the complexity of your case.
How Much Back and Forth Will There Be Between Attorneys or Attorneys and Staff? If the attorney’s phone and email will be the only lines of communication between you and the firm’s staff , you could be missing out on a more intimate experience. On the other hand, if you are routinely passed from one person to another, you may deem the practice impersonal. Ask upfront for the number of contacts you can expect on a typical week, month and quarter and who they’ll be with the firm.
How Much Runaround Can I Expect? A good employment lawyer should return calls quickly and keep in contact about how cases are handled. Ask upfront how often you’ll hear from your lawyer and from which employees. Then, judge the accuracy of these statements by monitor how well the firm communicates once you’ve become a client.