Employment Disputes

Miami-Dade Employment Lawyers

We protect employee rights

We are dedicated to protecting the rights of employees in the workplace, from pre-employment negotiations to severance agreements.

We often assist employees burdened by overbroad or one-sided non-compete agreements to make it possible for them to continue working in the same industry.

When employees have been victimized by abusive, unscrupulous, or irresponsible employers, we help them get the justice they deserve.  No employee should have to endure harassment, discrimination, or retaliation. Dozens of laws govern employer-employee relations, but you need to consult knowledgeable employment counsel to know if these laws can protect you.

Laws protecting employees include:

Employment Law 101. Our site keeps you up to date with answers to most employment law questions.  Click here to get answers to most or your employment law questions.   Please understand that many of the laws work in tandem, there are exceptions to many rules, and the laws don’t always apply to individual situations, so the general information we provide is no substitute for obtaining legal advice in your situation.

• Failure to pay overtime or forcing employees to work off the clock.
• Laying off employees to avoid paying accrued benefits.
• Discrimination due to race, color, national origin, religion, sex, age, pregnancy, or disability including unequal pay, benefits, working conditions and advancement opportunities.
• Failure to provide reasonable accommodations for religious beliefs or qualified individuals with a disability.
• Failure to reinstate employees who serve as soldiers, take family medical leave, or are entitled to ADA protection.
• Wrongful termination due to jury service, reporting a valid workers compensation claim, exercising the right to vote.
• Firing civil service employees without just cause.
• Retaliation for reporting or opposing unlawful employer practices such as defrauding the government or violating OSHA, ADA, or other government laws rules or regulations.
• Terminations based on false accusations of theft, embezzlement or other serious misconduct.
• Invasions of privacy.
• Wrongfully contesting the right to unemployment benefits.

Responding to employer discipline

• If you are facing serious disciplinary action such as demotion, reduction in pay, suspension, or termination it’s time to consult a knowledgeable employment lawyer.
• How you respond to the situation can make or break a case.

Protecting employees against discrimination and sexual harassment

Shooster, Kahn & Kleinman has been representing victims of discrimination and sexual harassment since 1982.

Responding to harassment or discrimination

Whether it’s a coworker, supervisor, or senior management, how you respond to harassment or discrimination can make or break a case. Don’t cause a scene. Talk to the harasser and politely ask that the behavior stop, but don’t wait. Waiting could give the harasser the idea that you don’t find his or her conduct offensive.

If that doesn’t work, check your employee handbook to see if your company has a procedure for reporting harassment. If they have a policy, follow it, unless you are certain that you would face reprisals for complaining. Start keeping a log. Record everything that happens, and when. Record past events to the best of your recollection. Writing the information down early will help your case in the long term.

Cooperate fully with any internal investigation.

If you are interviewed by an investigator for the company, request that it be taped or that you be permitted to have a trusted co-worker sit in; ask permission for your co-worker to take notes. Stick to the facts. If you are asked to give a written statement, request a copy. If the employer refuses to allow you to tape the interview or refuses to give you a copy of the statement, be sure to write a confirming memo or e-mail. If you are asked to give a written statement, be sure to write page x of y pages at the bottom of each page and initial it. 

Avoid any disruptive behavior in the workplace. No need to make a scene in order to make your complaint. Don't steal confidential information. Ask friendly witnesses to give you a written statement. Don’t record conversations without permission.

If your employer fails or refuses to correct the situation, or if your complaints are met with retaliation, it is time to consult an experienced employment litigator, i.e. an attorney whose practice entails taking cases to court including trials and arbitration. Don’t quit unless the working conditions become intolerable. Courts are reluctant to describe harassment as intolerable, so your attorney will need to assess whether it's advisable to quit.

If you’ve already been terminated keep a log of your efforts to obtain another job. When filling out job applications, do not lie even though it puts you in a difficult position. If you lie on your job application, you could jeopardize the case against your previous employer. Don’t omit the job on your application. Be diplomatic about the reason you were terminated: for example, you can say ‘management dispute’ as long as that’s an honest answer or you can write ‘will discuss in person’. Don’t wait to obtain legal advice.  Short deadlines can short circuit an otherwise valid case. Some laws have deadlines as little as 30 days to take legal action.  Many laws have 90 to 180 day deadlines. Very few laws allow legal action more than 2 years after the violation occurred.  Every day of delay risks destroying your right to compensation.

Sometimes a delay will be excused so you shouldn’t give up without seeking legal advice, but remember these excuses are exceptions that usually won’t apply.  The law excusing delays is written simply enough, but the interpretation of the law in specific situations is determined on a case by case basis, which means your attorney will have to research prior court decisions to determine the answer.  The best way to avoid the risk and extra expense is to act promptly.

There are other reasons to seek legal help as soon as possible. Memories fade. Witnesses die or move. Loyalties shift. Documents disappear or are deliberately destroyed.  An experienced employment litigation attorney can help gather and preserve key evidence.

Contact Shooster, Kahn & Kleinman to consult an attorney who is dedicated to standing up for your rights.

Unemployment Claims

Applying for unemployment.

If you are considering taking legal action against your employer for wrongful termination of your employment, consult us before you apply for unemployment. The application form requires you to give the reason for your termination. We can help you with the proper language.

Don’t give the reason your employer gave you. Use the real reason. If you aren’t sure of the reason, experienced employment counsel can advise you whether to state “unknown” or state the reason you think you were terminated.

Unemployment hearings

Many employees mistakenly assume they don’t need an attorney for their unemployment hearing. If you are thinking about taking legal action against your employer for any reason, or if you believe your employer may take legal action against you, consult with us before you decide to go it alone.

Having an attorney will make it much easier to develop pre-suit evidence; lock-in sworn testimony so the employer can’t make up another excuse later; and assess the viability of any other claims. Contact an unemployment discrimination attorney for an initial consultation.

Protecting whistleblowers

There are many laws protecting employees who blow the whistle on corporate misconduct.  Some are easier to enforce than others. Employers are usually employees who have nothing to gain and everything to lose by reporting employer misconduct. Some act out of spite, some will make a Federal case out of the most minor infraction,

Everyone--even the people who say nothing--benefits from their speaking up. At the law firm of Shooster, Kahn & Kleinman,  we have a great deal of admiration and respect for whistleblowers. Every one of us owes a debt of gratitude to employees who have the courage to stand up and be counted. It is people like them that make it possible for the rest of us to work in a safe environment.

Everyone owes a debt of gratitude to whistleblowers for righting corporate wrongs we all benefit not just coworkers but society at large. We are proud to consider it an honor whenever we can represent the individuals who have nothing to gain and everything to lose who just want to do the right thing.

If you or someone you love has suffered retaliation at work for "blowing the whistle," contact Shooster, Kahn & Kleinman to put our 25 years of experience in your corner.

Reporting companies who defraud the government

If you and your employer cannot agree on a contract or package, we can represent you in mediation or arbitration or court proceedings including:

• Wage and hour or employee classification disputes
• Failure to pay overtime
• Forcing employees to work off the clock
• Discrimination due to race, color, national origin, religion, sex, age, pregnancy, disability
• Overtime or forcing employees to work ‘off-the-clock’
• Wrongful termination due to jury service, job injury, exercising the right to vote, or refusing to commit a crime
• Failure to reinstate employees who serve as soldiers, take family medical leave, or are entitled to ADA protection
• Termination of employees with civil service protection, retaliation for reporting or opposing unlawful employer practices such as defrauding the government or violating OSHA, ADA, or other government laws rules or regulations
• Depriving employees of vested employee benefits Oppressive or unfair non-compete restrictions
• Terminations based on false accusations of theft, embezzlement or other serious misconduct
• Invasions of privacy
• Refusing to submit to a polygraph examination
• Contested Unemployment claims 

What to do if you experience harassment or discrimination

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1) Keep a log. Record everything that happens, and when. Record past events to the best of your recollection. Writing the information down early will help your case in the long term.

• See if you can resolve it informally with the perpetrator.
• Read employee manual carefully to follow the rules for reporting misconduct.
• Cooperate fully with any internal investigation.
• Obtain statements from co-workers.
• Avoid any disruptive behavior in the workplace. No need to make a scene in order to make your complaint.
• Don't steal confidential information
• Don’t record conversations without permission
• If you are interviewed by an investigator for the company, request that it be taped or that you be permitted to have a trusted co-worker sit in; ask permission for your co-worker to take notes.

Click here to access our critical date disclosure form.

If you are not certain you are being harassed or terminated due to your race or religion, you will be well advised to not discuss the case and refrain from making any accusations to with any person other than those who might need to know such as HR dept or legal dept;

If you’ve already been terminated keep a log of your efforts to obtain another job, any attorney you may consult; any government agency you might contact.

When filling out job applications, it is crucial that you do not lie although it is understandable it puts you in a difficult position because the application requires disclosure of some kind, so be diplomatic about the reason you were terminated and don’t omit the job on your application. There is no right way to do it, but some things we have seen our clients do in the past for reasons: management dispute or ‘will discuss in person’.

Contact an attorney. Even if you do not want to bring a lawsuit, we can advise you of your options and help you take steps to protect your rights diminish your claim for damages against your former employer.

Act promptly. Some laws have deadlines as little as 30 days to take legal action.  Many laws have 90 to 180 day deadlines. Very few laws allow legal action more than 2 years after the violation occurred.  Every day of delay risks destroying your right to compensation.  Sometimes a delay will be excused so you shouldn’t give up without seeking legal advice, but remember these excuses are exceptions that usually won't apply.

2) Contact an attorney. Even if you do not want to bring a lawsuit, we can advise you of your options and help you take steps to protect your rights. Contact an employment discrimination attorney.

We help conscientious employers

Conscientious employee relations, is not only right but smart.

Excellent employee relations boosts productivity reduces costly turnover and discourages unionization.

Employer Services

Compliance

We safely walk our business and professional clients through the maze created by dozens of local State Federal and International laws rules and regulations without incurring penalties or triggering expensive and unpredictable litigation.

Agreements

We develop negotiate monitor and enforce all kinds of  employment-related agreements, including 

• employees,
• benefit providers, 
• employee leasing firms
• recruiters
• temporary help agencies
• employee testing specialists
• background and reference check firms
• consultants
• payroll vendors.

Documents & Procedures

We work in conjunction with your Human Resources staff to develop clear practical and fair employment policies that will protect the employers interest without creating employee misgivings, including

• Job descriptions
• employee handbooks
• investigation procedures
• forms
• questionnaires
• medical records
• personnel files
• document retention policies

Sound policies that are consistently enforced can minimize any liability.

Diversity Training

We conduct diversity programs for your staff. Pro-active training is recognized by the U.S. Supreme Court as key ingredient in defending sexual harassment claims.  The same logic applies to discrimination claims.

Complaint resolution

We manage the company response to high risk employee complaints with an eye toward prompt resolution. We resolve legitimate employee grievances promptly and fairly.

Employee discipline

We consult with employers on whether and how to discipline or terminate an employee. We help employers minimize their exposure to wrongful discharge suits and unemployment claims by ensuring that a legitimate basis exists for termination.

Workplace investigations

One of the best things an employer can do to minimize the risk of litigation and the extent of any damages is to conduct a prompt and complete investigation of employee complaints. Because most of our practice consists of employee representation, the very fact that a company would hire a firm like ours speaks well of the company’s commitment to root out unfair or illegal workplace practices.

We are available to conduct or assist with internal investigations into employee complaints. We can also assist you in setting up an effective investigation protocol to ensure consistent, fair, prompt and effective resolution of employee complaints.

ALERT: When an employee makes an accusation of racial, sexual, or religious harassment, you are facing a legal emergency. You must take immediate action to investigate and remedy the situation. Failure to act promptly is one of the most common and most easily preventable mistakes that can unnecessarily expose the employer to liability. All kinds of thorny issues can arise regarding how to conduct the investigation. Absent legal guidance, it's easy to take a situation that could have been defused without incident and transform it into a seven-figure liability problem.  There’s no point in gambling on a major lawsuit when you can get our help right away.

Legal proceedings

We vigorously defend unfounded misconduct charges.

Many employers genuinely care about the welfare of their employees.

When reputable employers have been wrongly accused of an unfair labor practice, we are pleased to defend them.

If we discover that an employee claim does have merit, we will try to resolve it quickly and fairly without running up huge legal bills.  Contesting legitimate claims also runs up the employee’s legal bills, which will just raise the cost of settlement, or increase your ultimate exposure.

We enforce legitimate employer rights

We take legal action to protect employers when current or former employees try to steal clients, embezzle money, misuse confidential information, or violate legal non-compete agreements.

Best Practices:

What to do when an employee complains about workplace harassment or retaliation.

The single biggest mistake that employers make in harassment and/or retaliation complaints is to bury their heads in the sand or ‘kill the messenger’. Employees are frequently mistaken when they think they are being discriminated against. Sometimes employees blow up a single minor incident out of all proportion. Many of these claims can be completely baseless, or premised upon a misconception of the employee, sour grapes, etc. If the employer had conducted an immediate investigation and taken prompt remedial action, the employees would have had no lawsuit. It is important to have written documentation concerning the investigation before taking action. The appropriate response will vary depending on the employee's record, the nature of the offense as well as other factors. If an employee is going to be treated different from what might appear to be a similarly situated employee, then there should be written justification for the differential treatment.

Contact Shooster, Kahn & Kleinman Link to Contact Us for an initial consultation.

Shooster Kahn & Kleinman
777 South State Road 7 Margate, FL 33068
Toll Free: 800-207-4004 Fax: 954-969-3911

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