Do We Handle Your Workplace Situation?

Employment problems take many forms. Some involve a single decision, such as a termination. Others develop through repeated conduct, unpaid work, or retaliation after an employee raises a concern.

Termination and retaliation

• Termination after reporting possible discrimination or harassment
• Demotion, reduced hours, schedule changes, or discipline after a complaint
• Termination after requesting a reasonable accommodation or protected leave
• Retaliation connected to a wage complaint or workplace investigation
• Adverse action after reporting suspected unlawful conduct

Discrimination and harassment

• Different treatment because of a legally protected characteristic
• Sexual harassment or unwanted sexual conduct
• A hostile work environment connected to a protected characteristic
• Discriminatory hiring, promotion, pay, scheduling, or termination decisions
• Failure to consider a reasonable workplace accommodation

Pay and classification

• Unpaid wages, commissions, or other earned compensation
• Unpaid overtime
• Work performed before clocking in or after clocking out
• Improper deductions
• Misclassification as an exempt salaried employee
• Misclassification as an independent contractor

EEOC and employment claims

• Preparing or responding to an EEOC charge
• Reviewing a Notice of Right to Sue
• Understanding whether an administrative filing is required
• Preserving evidence and identifying possible deadlines
• Reviewing a severance agreement or release before signing

Every workplace dispute is different. An unpleasant, unfair, or poorly handled employment decision is not automatically illegal. An attorney can examine the reason for the employer’s action, the available evidence, and the laws that may apply.

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Florida’s At-Will Employment Rule

Florida generally follows the at-will employment rule. In many situations, an employer may end an employment relationship without proving that the employee did something wrong.

However, an employer cannot fire an employee for an unlawful reason. A termination may require closer review when it follows:

• A report of discrimination or sexual harassment
• A complaint about unpaid wages or overtime
• A request for a reasonable accommodation
• Participation in an internal or government investigation
• A request for legally protected leave
• A report of suspected legal violations
• Another action protected by state or federal law

Timing alone does not prove retaliation or wrongful termination. It can still be important, especially when combined with emails, performance reviews, witness statements, shifting explanations, or sudden disciplinary action.

A Miami wrongful termination lawyer can review whether a protected activity, prohibited form of discrimination, employment agreement, or specific statute may create an exception to the general at-will rule.

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Employment-Law Cases We Handle

Wrongful termination

A firing can feel unfair without meeting the legal requirements for a wrongful-termination claim. The central question is often not whether the employer had a good reason. It is whether the employer acted for a reason prohibited by law or violated an enforceable agreement.

Warning signs may include:

• A termination soon after an employee reports discrimination or unpaid wages
• Different explanations for the firing
• Sudden negative reviews after a history of acceptable performance
• Unequal discipline compared with similarly situated employees
• Statements connecting the decision to a protected characteristic or protected activity

An attorney can compare the employer’s stated reason with the timeline, workplace records, and treatment of other employees.

Workplace discrimination

Employment discrimination may involve decisions based on a characteristic protected by applicable law. Depending on the circumstances, that can include race, color, religion, sex, pregnancy, national origin, age, disability, or genetic information. Florida law may provide additional protections in qualifying cases.

Discrimination can affect hiring, pay, scheduling, assignments, promotions, discipline, accommodations, or termination. It is not always expressed openly. Patterns, inconsistent explanations, biased comments, and different treatment of comparable employees may be relevant.

Sexual harassment and hostile work environments

Sexual harassment may include unwanted sexual comments, messages, touching, requests, images, or pressure connected to workplace benefits or consequences.

Not every offensive comment or workplace conflict creates a legal claim. The conduct may require legal review when submitting to it becomes a condition of employment, rejecting it leads to a job consequence, or the conduct is sufficiently severe or pervasive to create an abusive working environment.

A hostile-work-environment claim generally must involve more than a difficult supervisor or personality conflict. The nature, frequency, severity, context, and connection to a protected characteristic can all matter.

Wage-and-hour violations

Employees generally must receive the pay required by applicable wage-and-hour laws. Potential problems include unpaid work, altered time records, work performed off the clock, improper deductions, or compensation that falls below legal requirements.

Useful evidence may include pay stubs, timecards, schedules, text messages, emails, tip records, commission agreements, and personal notes showing the hours worked.

The firm’s Florida labor and employment lawyers can evaluate whether state or federal wage laws may apply.

Unpaid wages and overtime

Many covered, nonexempt employees are entitled to overtime pay when they work more than the applicable number of hours in a workweek. Being paid a salary does not automatically make an employee exempt from overtime.

Possible warning signs include:

• Working before or after a scheduled shift without pay
• Performing required work during unpaid time
• Having recorded hours reduced by a manager
• Receiving straight-time pay for overtime hours
• Being told that a salary eliminates overtime regardless of job duties
• Remaining unpaid for earned commissions or other compensation

Eligibility depends on the employee’s actual duties, pay arrangement, employer, and applicable law.

An unpaid-wage claim is different from wage garnishment. Garnishment usually concerns money withheld from earnings to satisfy a debt. Employees dealing with garnishment or broader debt problems may need information from a Miami bankruptcy lawyer.

Employee misclassification

An employer’s label does not always determine a worker’s legal status.

A salaried employee may still qualify for overtime if the employee’s actual duties do not meet an exemption. Likewise, calling someone an independent contractor does not resolve whether the worker should legally be treated as an employee.

An attorney may review:

• The worker’s actual responsibilities
• How much control the business exercises
• The method of payment
• The worker’s opportunity for profit or loss
• The permanency of the relationship
• Whether the work is central to the business
• The requirements of the law governing the claim

Workplace retaliation

Retaliation can occur when an employer takes materially harmful action because an employee engaged in activity protected by law.

Depending on the claim, protected activity may include reporting discrimination, requesting an accommodation, participating in an investigation, discussing or pursuing unpaid wages, or making certain legally protected reports.

Retaliation is not limited to termination. It may involve demotion, reduced hours, undesirable assignments, exclusion, threats, discipline, or another action that could discourage a reasonable employee from asserting protected rights.

Whistleblower claims

Whistleblower protections depend heavily on what the employee reported, to whom the report was made, how it was documented, the employer involved, and the law covering the conduct.

An employee should not assume that every workplace complaint receives whistleblower protection. Before taking company records, making a report, or resigning, consider speaking with an attorney about the process and possible risks.

EEOC charges

Some discrimination, harassment, and retaliation claims require an administrative charge before a lawsuit can proceed. Other employment claims follow different procedures.

If you already filed an EEOC charge or received a Notice of Right to Sue, preserve the document and note the date you received it. That date may affect an important deadline.

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What Employees Should Do Now

The steps you take after a workplace problem can affect the information available for an attorney to review.

Consider taking these practical steps:

1. Preserve relevant records. Keep lawful copies of pay records, schedules, evaluations, emails, texts, written complaints, disciplinary notices, and termination or severance documents.
2. Prepare a timeline. Record important dates, what happened, who was involved, and when the employer learned about any complaint or protected activity.
3. Identify witnesses. Write down the names of people who observed important events or received similar treatment.
4. Preserve original evidence. Do not delete, edit, annotate, or alter original messages and documents.
5. Review agreements carefully. Speak with an attorney before signing a severance agreement, release, resignation, or other document that may affect your rights.
6. Respect confidentiality and access limits. Do not take trade secrets, private customer information, privileged material, or records you are not authorized to possess.
7. Seek advice promptly. Employment-law deadlines vary. Waiting can limit possible options.

Florida recording laws can create legal issues. Do not secretly record a workplace conversation without first obtaining advice about whether recording would be lawful.

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How a Miami Employment Lawyer Can Help

Depending on the circumstances, Gimenez & Carrillo may:

• Review employment records, pay information, and workplace communications
• Identify potential claims and responsible parties
• Determine which filing requirements and deadlines may apply
• Analyze time and pay records
• Estimate possible unpaid wages or overtime
• Evaluate whether an EEOC charge is required
• Explain the strengths, risks, and possible outcomes of available options
• Communicate with the employer or its attorneys
• Negotiate a potential resolution
• Prepare administrative filings
• File a lawsuit when appropriate

Legal representation also gives you a place to ask questions before responding to an employer, signing an agreement, or choosing a formal process.

What Should I Know About the EEOC Process?

An internal complaint to a supervisor or human-resources department is not the same as filing an EEOC charge.

Some discrimination, harassment, and retaliation claims require an EEOC charge before the employee can file a lawsuit. Not every employment claim uses the EEOC process. Wage claims, contract disputes, whistleblower claims, and other matters may follow different procedures.

Filing periods can be short and depend on the law, employer, location, and type of claim. Federal employees and applicants use a different process from private-sector employees.

An attorney can help determine:

• Whether an EEOC filing may be required
• Which agency or process may apply
• What information should appear in a charge
• Whether a filing deadline may be approaching
• What to do after receiving a Notice of Right to Sue

Do not wait for an internal investigation to finish without confirming whether an outside filing deadline is continuing to run.

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What Happens During a Free Employment-Law Consultation?

The consultation begins with your account of what happened. The firm may ask:

• Are you still employed?
• What did the employer say or do?
• When did the latest incident occur?
• Did you report the problem?
• Who received the report?
• Did the employer take action afterward?
• Have you filed an EEOC charge?
• Did you receive a Notice of Right to Sue?
• Have you signed a severance agreement or release?

Helpful documents may include pay records, schedules, written policies, employment agreements, evaluations, complaints, disciplinary notices, termination paperwork, severance documents, and relevant messages.

After the initial review, the attorney may explain whether more information is needed, what claims may warrant investigation, which deadlines may apply, and whether the firm can offer representation.

Submitting a form or participating in an initial consultation does not automatically create an attorney-client relationship. Representation begins only after the firm and client enter into an agreement.

Angel L. Gimenez, Esq.

Angel L. Gimenez, Esq. is a Managing Partner of Gimenez & Carrillo, LLC. He graduated from Florida State University College of Law in 1987 and became a member of The Florida Bar in 1988.

His practice background includes wage-and-hour litigation. That experience can be relevant when an employee’s dispute involves unpaid time, overtime, compensation records, or the way an employer classified the employee.

Mr. Gimenez is also admitted to the United States District Court for the Southern District of Florida and the United States Court of Appeals for the Eleventh Circuit. He is a member of the Cuban American Bar Association.

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