1 Orlando Employment Lawyer
Allen Capehart edited this page 7 months ago


In a time like this, we understand that you want an attorney familiar with the intricacies of work law. We will assist you browse this complex procedure.

We represent companies and workers in disputes and litigation before administrative agencies, federal courts, and state courts. We also represent our clients in arbitrations and mediations.

We Handle the Following Labor and Employment Practice Areas

Here are a few of the concerns we can manage on your behalf:

Wrongful termination

  • Breach of agreement
  • Violation of wage and hour laws, consisting of purported class actions
  • Violations of non-competition and non-disclosure contracts
  • Discrimination (e.g., age, sex, race, religious beliefs, equal pay, disability, and more).
  • Failure to accommodate disabilities.
  • Harassment

    Today, you can speak to one of our group members about your situation.

    To seek advice from a knowledgeable employment law attorney serving Orlando. 855-780-9986

    How Can Our Firm Help You?

    Our company does not tolerate discrimination of any kind. After we discover more about the case, we will discuss your alternatives. We will likewise:

    - Gather proof that supports your accusations.
  • Interview your coworkers, boss, and other related parties.
  • Determine how state and federal laws use to your scenarios.
  • File your case with the Equal Job Opportunity Commission (EEOC) or another pertinent company.
  • Establish what modifications or accommodations might satisfy your requirements

    Your labor and work legal representative's main goal is to protect your legal rights.

    The length of time do You Have to File Your Orlando Employment Case?

    Employment and labor cases generally do not fall under injury law, so the time frame for taking legal action is much shorter than some might expect.

    Per the EEOC, you usually have up to 180 days to file your case. This timeline might be longer based on your circumstance. You could have 300 days to submit. This makes seeking legal action crucial. If you fail to file your case within the suitable duration, you could be disqualified to proceed.

    Orlando Employment Law Lawyer Near Me. 855-780-9986

    We Can Manage Your Employment Litigation Case

    If a company violates federal laws, employment such as those set by Title VII, employment the Employee Retirement Income Security Act (ERISA), or the Family and Medical Leave Act (FMLA), work litigation might become necessary.

    Employment lawsuits involves problems consisting of (however not restricted to):

    - Breach of agreement.
  • Workplace harassment (racial, sexual, or otherwise).
  • Trade secrets and non-compete arrangements.
  • Wrongful termination.
  • Whistle-blowing and retaliation.
  • Discrimination against protected statuses, consisting of sex, impairment, and race

    A number of the concerns listed above are federal criminal offenses and ought to be taken very seriously.

    We Can Defend Your FMLA Rights

    The FMLA is a federal statute that uses to staff members who need to take some time from work for particular medical or family reasons. The FMLA permits the worker to depart and return to their job later.

    In addition, the FMLA offers household leave for military service members and their families-- if the leave is related to that service member's military commitments.

    For the FMLA to use:

    - The company needs to have at least 50 staff members.
  • The staff member needs to have worked for the employer for a minimum of 12 months.
  • The employee needs to have worked 1,250 hours in the 12 months right away preceding the leave.

    You Have Rights if You Were Denied Leave

    Claims can occur when a worker is denied leave or struck back against for trying to take leave. For example, it is unlawful for a company to reject or prevent a staff member from taking FMLA-qualifying leave.

    In addition:

    - It is unlawful for an employer to fire a staff member or cancel his medical insurance coverage since he took FMLA leave.
  • The company must renew the staff member to the position he held when leave started.
  • The company likewise can not demote the employee or move them to another area.
  • An employer should notify a staff member in writing of his FMLA leave rights, particularly when the company knows that the worker has an immediate requirement for leave.

    Compensable Losses in FMLA Violation Cases

    If the company breaks the FMLA, a worker might be entitled to recover any economic losses suffered, consisting of:

    - Lost pay.
  • Lost advantages.
  • Various out-of-pocket costs

    That quantity is doubled if the court or jury finds that the employer acted in bad faith and unreasonably.

    Click to call our Orlando Employment Lawyers today

    You are Protected from Discrimination in Florida

    Both federal and Florida laws restrict discrimination based on:

    - Religion.
  • Disability.
  • Race.
  • Sex.
  • Marital status.
  • National origin.
  • Color.
  • Pregnancy.
  • Age (normally 40 and over).
  • Citizenship status.
  • Veteran status.
  • Genetic information

    Florida laws particularly prohibit discrimination versus individuals based upon AIDS/HIV and sickle cell quality.

    We Can Represent Your Age Discrimination Case

    Age discrimination is treating a private unfavorably in the work environment merely since of their age. If you have actually been a victim of age discrimination, Bogin, Munns & Munns is here to represent you.

    Under the Age Discrimination in Employment Act of 1967, it is illegal to victimize a private since they are over the age of 40. Age discrimination can frequently result in unfavorable emotional effects.

    Our employment and labor lawyers comprehend how this can impact an individual, which is why we offer thoughtful and individualized legal care.

    How Age Discrimination can Emerge

    We put our clients' legal requirements before our own, no matter what. You deserve an experienced age discrimination attorney to defend your rights if you are dealing with these circumstances:

    - Restricted job improvement based on age.
  • Adverse work environment through discrimination.
  • Reduced payment.
  • Segregation based upon age.
  • Discrimination against advantages

    We can show that age was an identifying factor in your employer's choice to reject you specific things. If you seem like you have actually been rejected benefits or dealt with unjustly, the work lawyers at our law practice are here to represent you.

    Submit a Consultation Request form today

    We Can Help if You Experienced Genetic Discrimination at Work

    Discrimination based on genetic information is a federal crime following the death of the Genetic Information Nondiscrimination Act of 2008 (GINA).

    The law forbids employers and medical insurance business from victimizing individuals if, based upon their hereditary details, they are discovered to have an above-average danger of establishing major health problems or conditions.

    It is also unlawful for employers to use the genetic info of candidates and employees as the basis for specific choices, including employment, promo, and termination.

    You Can not be Discriminated Against if You are Pregnant

    The Pregnancy Discrimination Act prohibits employers from victimizing applicants and staff members on the basis of pregnancy and related conditions.

    The same law likewise protects pregnant women versus work environment harassment and secures the exact same impairment rights for pregnant staff members as non-pregnant workers.

    Your Veteran Status should not Matter in the Workplace

    The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects veterans from discrimination and retaliation in regard to:

    - Initial work.
  • Promotions.
  • Reemployment.
  • Retention.
  • Employment benefits

    We will examine your scenario to prove that you suffered discrimination due to your veteran status.

    You are Protected Against Citizenship Discrimination

    Federal laws restrict companies from victimizing workers and applicants based upon their citizenship status. This consists of:

    - S. residents.
  • Asylees.
  • Refugees.
  • Recent irreversible citizens.
  • Temporary residents

    However, if an irreversible homeowner does not use for naturalization within 6 months of becoming eligible, they will not be protected from citizenship status discrimination.

    We Protect those Affected by Disability Discrimination

    According to the Centers for Disease Control and Prevention (CDC), over 60 million Americans deal with impairments. Unfortunately, lots of employers decline tasks to these individuals. Some companies even deny their disabled workers reasonable accommodations.

    This is where the attorneys at Bogin, Munns & Munns can be found in. Our Orlando impairment rights legal representatives have comprehensive knowledge and experience litigating impairment discrimination cases. We have committed ourselves to protecting the rights of individuals with disabilities.

    What does the Law Protect You Against?

    According to the Americans with Disabilities Act of 1990 (ADA), discrimination based on impairment is restricted. Under the ADA, an employer can not discriminate against a candidate based upon any physical or mental constraint.

    It is prohibited to discriminate versus certified people with specials needs in almost any element of work, consisting of, but not limited to:

    - Hiring.
  • Firing.
  • Job applications.
  • The interview process.
  • Advancement and promotions.
  • Wages and compensation.
  • Benefits

    We represent individuals who have actually been denied access to work, education, service, and even government facilities. If you feel you have actually been victimized based on a disability, consider dealing with our Central Florida disability rights team. We can determine if your claim has legal merit.

    Our Firm does Not Tolerate Racial Discrimination

    If you have actually been a victim of racial discrimination in the workplace, let the lawyers at Bogin, Munns & Munns assistance. The Civil Liberty Act of 1964 restricts discrimination based upon an individual's skin color. Any actions or harassment by employers based upon race is an offense of the Civil Rights Act and is cause for a legal match.

    Some examples of civil rights offenses include:

    - Segregating staff members based upon race
  • Creating a hostile work environment through racial harassment
  • Restricting an employee's opportunity for task development or chance based on race
  • Victimizing a staff member due to the fact that of their association with people of a certain race or ethnic culture

    We Can Protect You Against Unwanted Sexual Advances

    Unwanted sexual advances is a type of sex discrimination that breaks Title VII of the Civil Liberty Act of 1964. Unwanted sexual advances laws use to virtually all companies and employment service.

    Sexual harassment laws secure workers from:

    - Sexual advances
  • Verbal or physical conduct of a sexual nature
  • Requests for sexual favors
  • Sexual jokes

    Employers bear an obligation to keep a work environment that is devoid of sexual harassment. Our firm can supply extensive legal representation regarding your employment or sexual harassment matter.

    You Have the Right to Be Treated Equally in the Hospitality Sector

    Our group is here to help you if an employee, colleague, company, or manager in the hospitality industry broke federal or local laws. We can take legal action for workplace infractions involving areas such as:

    - Wrongful termination
  • Discrimination versus protected groups
  • Disability rights
  • FMLA rights

    While Orlando is among America's biggest tourist destinations, staff members who work at amusement park, hotels, and restaurants deserve to have level playing fields. We can take legal action if your rights were violated in these settings.

    You Can not Be Discriminated Against Based Upon Your National Origin

    National origin discrimination includes dealing with people (applicants or workers) unfavorably due to the fact that they are from a specific nation, have an accent, or seem of a specific ethnic background.

    National origin discrimination likewise can include dealing with individuals unfavorably because they are wed to (or connected with) an individual of a certain nationwide origin. Discrimination can even occur when the staff member and company are of the exact same origin.

    We Can Provide Legal Assistance in these Situations

    National origin discrimination laws forbid discrimination when it comes to any element of employment, consisting of:

    - Hiring
  • Firing
  • Pay
  • Job tasks
  • Promotions
  • Layoffs
  • Training
  • Fringe advantages
  • Any other term or condition of work

    It is illegal to bug a person since of his or her national origin. Harassment can consist of, for instance, offending or negative remarks about a person's nationwide origin, accent, or ethnic culture.

    Although the law does not forbid simple teasing, offhand comments, or separated events, harassment is unlawful when it develops a hostile workplace.

    The harasser can be the victim's manager, a colleague, or somebody who is not a staff member, such as a client or customer.

    " English-Only" Rules Are Illegal

    The law makes it illegal for an employer to execute policies that target particular populations and are not necessary to the operation of business. For circumstances, an employer can not require you to talk without an accent if doing so would not hamper your occupational duties.

    An employer can only need a staff member to speak proficient English if this is necessary to perform the task efficiently. So, for example, your employer can not prevent you from speaking Spanish to your colleague on your lunch break.

    We Provide Legal Help for Employers Facing Accusations

    Unfortunately, employers can find themselves the target of employment-related claims in spite of their best practices. Some claims also subject the company officer to personal liability.

    Employment laws are intricate and changing all the time. It is crucial to think about partnering with a labor and employment legal representative in Orlando. We can browse your tough circumstance.

    Our lawyers represent employers in litigation before administrative firms, federal courts, and state courts. As kept in mind, we likewise represent them in arbitrations and mediations.

    We Can Assist With the Following Issues

    If you discover yourself the subject of a labor and work suit, here are some scenarios we can help you with:

    - Unlawful termination
  • Breach of contract
  • Defamation
  • Discrimination
  • Failure to accommodate impairments
  • Harassment
  • Negligent hiring and supervision
  • Retaliation
  • Violation of wage and hour laws, including purported class actions
  • Violations of non-competition and non-disclosure contracts
  • Unemployment settlement claims
  • And other matters

    We comprehend employment lawsuits is charged with and employment negative publicity. However, we can help our customers minimize these unfavorable effects.

    We also can be proactive in helping our clients with the preparation and maintenance of employee handbooks and policies for circulation and associated training. Often times, this proactive technique will work as an included defense to potential claims.

    Contact Bogin, Munns & Munns to find out more

    We have 13 locations throughout Florida. We enjoy to meet you in the place that is most practical for you. With our primary office in Orlando, we have 12 other offices in:

    - Clermont
  • Cocoa
  • Daytona
  • Gainesville
  • Kissimmee
  • Leesburg
  • Melbourne
  • Ocala
  • Orange City
  • Cloud
  • Titusville
  • The Villages

    Our labor and work attorneys are here to assist you if a worker, coworker, employer, or manager broke federal or regional laws.

    Start Your Case Review Today

    If you have a legal matter worrying discrimination, wrongful termination, or harassment complete our online Employment Law Questionnaire (for both staff members and companies).

    We will review your responses and offer you a call. During this short discussion, an attorney will discuss your existing situation and legal alternatives. You can also call to speak straight to a member of our personnel.

    Call or Submit Our Consultation Request Form Today

    - How can I make sure my employer accommodates my impairment? It depends on the worker to make certain the employer knows of the special needs and to let the company understand that a lodging is required.

    It is not the company's responsibility to acknowledge that the worker has a requirement initially.

    Once a request is made, the worker and the employer requirement to collaborate to discover if lodgings are in fact needed, and if so, what they will be.

    Both parties have a duty to be cooperative.

    An employer can not propose just one unhelpful alternative and after that decline to provide further alternatives, and employees can not refuse to describe which responsibilities are being hindered by their disability or refuse to offer medical proof of their impairment.

    If the worker declines to provide appropriate medical evidence or describe why the lodging is required, the employer can not be held liable for not making the accommodation.

    Even if a person is submitting a job application, a company may be needed to make lodgings to assist the candidate in filling it out.

    However, like an employee, the candidate is accountable for letting the company know that a lodging is required.

    Then it is up to the employer to deal with the candidate to complete the application procedure.

    - Does a potential company have to inform me why I didn't get the job? No, they do not. Employers may even be instructed by their legal teams not to provide any reason when providing the problem.

    - How does the Fair Labor Standards Act (FLSA) work? Part of the Civil Liberty Act of 1964, Title VII protects people from discrimination in aspects of employment, consisting of (but not restricted to) pay, category, termination, employing, employment training, referral, promotion, and benefits based on (to name a few things) the individuals color, nation of origin, race, gender, or status as a veteran.

    - As a business owner I am being sued by one of my former workers. What are my rights? Your rights consist of an ability to strongly protect the claim. Or, if you view there to be liability, you have every right to engage in settlement conversations.

    However, you need to have an employment lawyer assist you with your assessment of the level of liability and possible damages facing the company before you decide on whether to combat or settle.

    - How can a Lawyer protect my services if I'm being unjustly targeted in an employment associated suit? It is always best for a company to speak to an employment attorney at the beginning of a concern instead of waiting up until match is submitted. Often times, the attorney can head-off a prospective claim either through settlement or formal resolution.

    Employers likewise have rights not to be demanded unimportant claims.

    While the burden of proof is upon the company to show to the court that the claim is pointless, if effective, and the employer wins the case, it can create a right to an award of their attorney's fees payable by the employee.

    Such right is typically not otherwise available under many work law statutes.

    - What must an employer do after the employer receives notification of a claim? Promptly call an employment attorney. There are substantial due dates and other requirements in responding to a claim that require expertise in employment law.

    When conference with the attorney, have him discuss his viewpoint of the liability dangers and degree of damages.

    You should likewise develop a plan of action as to whether to attempt an early settlement or combat all the way through trial.

    - Do I have to validate the citizenship of my workers if I am a small company owner? Yes. Employers in the U.S. should validate both the identity and the work eligibility of each of their employees.

    They must likewise validate whether their employees are U.S. people. These guidelines were enacted by the Immigration Reform and Control Act.

    An employer would file an I-9 (Employment Eligibility Verification Form) and look over the staff members submitted paperwork declaring eligibility.

    By law, the company should keep the I-9 types for all employees until 3 years after the date of working with, or till 1 year after termination (whichever comes last).

    - I pay some of my workers an income. That indicates I do not need to pay them overtime, fix? No, paying an employee a true salary is but one action in properly classifying them as exempt from the overtime requirements under federal law.

    They need to also fit the "tasks test" which needs certain task tasks (and absence of others) before they can be thought about exempt under the law.

    - How does the Family and Medical Leave Act (FMLA) effect employers? Under the Family and Medical Leave Act (FMLA), eligible private employers are required to supply leave for picked military, family, and medical factors.