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Miami Employment Law Blog

Is my noncompetition agreement valid?

What if you have a very specific skill and this skill has the capacity to earn you a great deal of money? However, you have also signed a six-month noncompetition agreement with your employer, and you're worried that if you leave your job, you won't be able to earn a living for six months. Do you really need to follow the terms of your noncompetition agreement?

There are three things that will determine the validity of your noncompetition agreement in most cases:

3 types of wrongful termination

Did you recently lose your job, but the circumstances of your termination don't seem to make sense? Perhaps you suspect that you were terminated in a manner that doesn't Conform with Florida state law and you suspect you may be able to pursue a wrongful termination claim.

Here are three of the most common types of wrongful termination. Do any of these sound like the circumstances under which you were fired?

5 steps to collecting unpaid overtime

If you work overtime and are a nonexempt employee, the law requires your employer to pay you a premium rate. While working longer or more frequent shifts may be tiring, it may be worth it due to the increase in pay. However, if you are not seeing your extra hours reflecting in your paychecks, your employer may be trying to avoid paying you what you deserve. 

You can report unpaid overtime and recover the wages you earned. Here is a basic overview of how to collect back pay from your employer.

Are you being subjected to sexualized behavior at work?

If you experience a feeling of discomfort on a daily basis related to the behavior of your coworkers or supervisors, you might want to stop and consider whether you're being sexually harassed. Indeed, the strange thing about sexual harassment is the fact that victims don't always realize what's happening until it's too late -- when they're truly suffering from the abuse.

Here are the hallmark signals of sexual harassment to keep an eye on:

Understanding minimum wages in America

Working is a part of life in the United States, but earning enough to live comfortably isn't always easy. In the United States, there is a national minimum wage, which helps guarantee a wage people can survive on.

The point of the national minimum wage is to make sure that all people are paid a minimum amount when on the job. The states have the opportunity to create a higher minimum wage, but no states can pay less than the national minimum.

Take these steps if you're a victim of sexual harassment

The experience of being sexually harassed at work is one of the most demoralizing things that any employee could ever have to endure. Unfortunately, even though the #MeToo movement has been going strong, this awful behavior has continued throughout Florida workplaces, and the only way victims can ever hope to make it stop is to stand up for their rights as soon as they realize they're being victimized.

Here are the steps you should take if you have been the victim of sexual harassment:

Understanding overtime and holiday pay in Florida

Your workweeks may seem to last forever, especially as the year comes to a close. With the holiday season in full swing, you may work overtime. Your boss may even need you to come in during a holiday. You could have some questions about the rate of pay you deserve as you work harder. 

It is crucial to have an understanding of Florida labor laws so you know how much your employer should pay you. Here are some facts you should know about working in Florida during the holiday season. 

Can managers get fired for sexual harassment retaliation?

Managers in Florida workplaces have been known to retaliate against workers who report their sexual harassment. The threat of retaliation is sometimes enough to keep workers silent about the wrongful behavior they've endured. However, workers should know that the victims of sexual harassment are on the right side of the law even if they don't prevail in their sexual harassment complaints and employment-related retaliation lawsuits.

In fact, managers who retaliate against workers for reporting sexual harassment could face stiff employment penalties and even lose their jobs.

Have you experienced this discriminatory behavior at work?

Discriminatory behavior in a social setting is wrong, immoral, hurtful and in some cases, it could even become unlawful. Discriminatory behavior at work, on the other hand, is always unlawful when it applies to someone who has a protected status. The most common forms of unlawful workplace discrimination relate to gender, age, disability status, color, national origin and religion.

However, even though work-related discrimination is unlawful, it might not be entirely easy to enforce these laws – especially when the victims of the employees don't even know what constitutes this kind of abuse. So that employees can be as alert as possible to the signs of employment discrimination, here are some primary examples of the behavior:

  • Stating a preference during job advertisements for candidates who fit a specific racial, religious, age or gender category.
  • Refusing to recruit employees from certain protected statuses.
  • Denying benefits and compensation to employees who belong to a protected status.
  • Giving unequal pay amounts to employees based on their race, gender, sex, religion or disability status.
  • Denying employees access to certain areas of the company because of their protected statuses.
  • Laying off and/or promoting employees on the basis of gender and race.
  • Only allowing certain employees access to disability, medical and maternity leave.

How do I know if I was wrongfully terminated from my job?

Most employment is at-will, and workers can be fired for any reason or no reason whatsoever. But that doesn't mean that wrongful terminations don't occur.

The first clue that you may have a wrongful termination case on your hands is the feeling that something fishy happened relating to the loss of your job. No matter what the circumstance, if you feel that you lost your job unfairly, you might want to carefully investigate the matter further.

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