Legal Website Blog for Personal Injury Law Firm - Workplace Rights

TITLE: “Workplace”

Your Rights at Work: Fact & Fiction

In these trying economic times, finding and holding onto a job is not as easy as it once was. With employers laying off employees and the closing of stores, offices and other businesses, workplace security is no longer a given as it was in years past. Today, an employee may feel compelled to remain quiet about perceived workplace discrimination, unfair treatment, unsafe conditions or other job related issues for fear of losing their job. Now, more than ever, it is important to know your individual rights as an employee, and to know exactly how to react should you feel you are being treated improperly by your employer.

Florida employment is governed by what is known as an “at will” doctrine, which in general means that unless an employee has an employment contract, is a union member or works for a government entity, they can be fired without reason, and without warning. The major stipulation is that the firing must not pertain to any unlawful reason, including discrimination, (of which there are several classifications), retaliation, absence due to jury duty, and others. Generally, this means that a non-government employee is not entitled to any hearing or appeal regarding an employer’s disciplinary or termination decisions. Many people are under the false impression that being treated “unfairly” entitles them to take legal action against their employer. What may be categorized as unfair may not necessarily be unlawful, and an employer is under no legal obligation to treat employees “fairly”. However, unlawful treatment can be cause for an employee to take legal action.

To prove unlawful discrimination under local, state or federal anti-discrimination laws, an employee and his or her attorney must prove that race, color, national origin, gender, disability, religious affiliation, marital status, personal sexual orientation or age played a role in an employer’s refusal to provide the employee with the same terms and conditions of employment as extended to other employees. These “protected characteristics” may not be used as a company’s policy so as to adversely effect an individual or group of employees.

Whistleblower Laws and Fear of Retaliation
Employment law includes the protection of rights of a “whistleblower” in the workplace, or an employee who may report an illegal practice, an unlawful regulatory violation, a form of workplace discrimination, sexual harassment or unsafe conditions in the workplace, either within the workplace or to an outside agency. It is unlawful for an employer to harass, retaliate, demote, or terminate an employee for reporting such activities, and the employee may be entitled to legal recourse based on whistleblower laws and Equal Employment Opportunity Commission, (EEOC), regulations. Many other organizations, such as U.S Department of Labor / Occupational Safety & Health Administration, (OSHA), offer information on employee’s rights.

Know Your Rights
Our experienced civil trial attorneys have years of expertise in the highly specialized areas of employment law and workplace discrimination. If you have been fired or forced to resign, been harassed on the job or otherwise discriminated against, it is critical to retain a skilled and knowledgeable attorney who is familiar with the intricacies of all facets of employment law. Contact us by calling (239) 461-5508, or to learn more about our areas of practice and case results, visit http://www.goldberg-law.com./