Orlando Attorney for Employees

Wilson McCoy, P.A. represents employees in cases involving, among other things, employment discrimination (whether based on age, disability, gender, national origin, race, religion, sex, or veteran status), harassment, whistleblower/retaliation, medical leave, breach of contract, and wage and hour disputes. We equip our clients with the resources and experience needed to effectively fight back against unlawful employer conduct through private negotiation, mediation, the administrative process, or litigation.

Before taking legal action in your case, we take the time to understand your unique circumstances and personal objectives in your case. Whether you are interested in protecting your job or recovering financial compensation, we will handle your case in a manner tailored to accomplish those goals. You can trust that your case will be handled discreetly and that a high level of professionalism will be maintained throughout your case.

How Employment Discrimination Claims Work in Florida

“Employment discrimination” means unfairly treating a person differently from other people because of their membership in a particular group. The Florida Civil Rights Act, for example, protects workers in Florida from employment discrimination based on:

  • race or skin color;
  • national origin;
  • religious beliefs or practices;
  • gender;
  • disability; 
  • age;
  • marital status;
  • AIDS/HIV status; and
  • sickle cell trait.

Federal civil rights legislation offers additional protections, including protections against discrimination based on all of the foregoing characteristics plus citizenship status and genetic information. At present, Florida state law does not directly prohibit discrimination based on sexual oritentation or gender identity, but several counties, including Orange County, Osceola County, and Broward County, do. Federal law contains no direct probition, but has been interpreted by federal agencies to ban such discrimination (the law is still in flux on this issue). 

Not all of these protections are as absolute as they may seem at first glance. For example, it is legal (and in some cases even required) to discriminate based on immigration status, and it is not against state or federal law to discriminate on the basis of religious belief when hiring a pastor for a church. 

Jurisdiction Rules: Which Law Applies?

Federal employment discrimination law applies to companies with a minimum of 15 employees, except for:

    • age discrimination claims (federal law only applies to companies with a minimum of 20 employees);
    • Discrimination based on citizenship status (federal law applies if the employer has a minimum of four employees); and
    • equal pay for men and women (federal law applies to companies of all sizes).

Florida state employment discrimination law applies to companies with a minimum of 15 employees. If both federal and state law applies but contradict each other on a particular point, federal law is supreme. In some cases other laws, such as county ordinances, may protect you if state or federal employment discrimination laws do not apply because of the size of your employer. 

Filing a Federal or State Employment Discrimination Claim

The Florida Commission on Human Relations (FCHR) enforces state employment discrimination law, while the federal Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination law. Since these two agencies cooperate with each other, you might need to file only a single claim, even if you have claims under both state and federal law.  

Deadlines

Missing a deadline can be fatal to your claim. If you seek a remedy under Florida employment law, you must file your claim with the FCHR, or cross-file with the EEOC, within one year of the date that the discrimination occurred. If your claim is based on federal law, you must file within 300 days of the date that the discrimination occurred. Determining the deadline can get tricky if, for example, you are alleging a pattern of discrimination that took place over a long period.

Employment Discrimination

Discrimination in the workplace occurs in a variety of ways. If an employer terminated you from your position, demoted you, or denied your promotion based on your race, gender, disability, or pregnancy, you may have the right to challenge your employer’s actions. Our firm has over 30 years of combined experience fighting for the rights of employees whom have faced discrimination, harassment, or retaliation by their employer. Our firm will work with you to help expedite a resolution and potentially settle your matter. If pre-suit settlement is unsuccessful, our Orlando employment lawyers have the skill and experience necessary to passionately advocate your matter before a judge and/or jury.

Employment Contracts

At Wilson McCoy, P.A. we work tirelessly to defend employees in their disputes against their employers concerning their employment contracts. Whether occurring while employed or after termination, disputes over employment contracts frequently occur because the employer drafts for their own benefit, rather than the benefit of the employee.

Reviewing Employment Contracts
All employees should strongly consider reviewing their employment contracts or severance packages with an experienced employment attorney, as these terms will forever impact one’s salary, benefits, or future ability to work. At Wilson McCoy, P.A., we use our 30 years of combined experience to thoroughly review and discuss all of the options and alternatives available to you, and counsel you in preparation for any negotiation with a current or future employer. We will assure your rights are protected in your employment contract.

Employment Contract Disputes
Although disputes arising from wage and hour issues, non-compete and non-disclosure agreements, severance packages, or other contractual obligations, are common among employers and employees, our firm takes the time necessary to become familiar with your unique needs and concerns in order to tailor the best approach to resolve your legal matter, in or out of court. Our firm is prepared to assert your rights under your employment contract when challenging the terms of the contract, or an employer’s breach of the contract, in order to protect your job or interests under the contract.

Do not hesitate to call us to learn more about the options available to you under your employment contract.

All employees should strongly consider reviewing their employment contracts or severance packages with an experienced employment attorney, as these terms will forever impact one’s salary, benefits, or future ability to work. At Wilson McCoy, P.A., we use our 30 years of combined experience to thoroughly review and discuss all of the options and alternatives available to you, and counsel you in preparation for any negotiation with a current or future employer. We will assure your rights are protected in your employment contract.

Wage and Hour Disputes

Wage and hour disputes arise when an employer fails to pay an employee overtime, breaches a term of an employment contract, or misclassifies an employee. Our firm has more than 30 years of combined experience fighting for the rights of employees faced with wage and hour issues, including those for unpaid overtime, commissions, bonuses, benefits, and other related contractual rights.

Employees challenging an employer based on any of the matters above face the fear of losing their job or reputation in their chosen field. At Wilson McCoy, P.A. we will take the time necessary to thoroughly understand your unique facts and develop the best path to help you achieve your goal. If your goal is to swiftly resolve your matter or protect your job, we can tailor our services to your needs to assure the recovery you deserve.

If your employer has deprived you of your tips, commissions, overtime, salary, or rights under your employment agreement, or done so in retaliation, please contact our firm today to help assert your rights immediately.

Wage and hour disputes can involve overtime payments, contract disputes, or the misclassification of employees. If you believe that you were underpaid or your employer wrongfully denied you benefits or overtime, you have the right to challenge their actions in court. At Wilson McCoy, P.A., we have over 30 years of combined of experience asserting the rights of employees involved in wage and hour disputes.

We have experience in all of the following:

  • Misclassification of employees: independent contractors vs. full-time employees
  • Benefits disputes
  • Unpaid overtime or hourly disputes
  • Unpaid wages (including unpaid bonuses and commissions)
  • Contract disputes

Many employees who have been wrongfully denied wages or who are facing employment legal disputes are concerned about protecting their job or their reputation in a certain career or business. Our Orlando employment law attorneys will take the time to understand your unique concerns and objectives and proceed in your case accordingly. Whether you are interested in the swift resolution of your case or protecting your job security, we will take appropriate action to accomplish your goals and recover the compensation you deserve.

Please contact us today if any of the following apply to you:

  • Your employer has wrongfully withheld tips or commissions that were yours per an employment agreement
  • You are facing a contract dispute regarding your salary or unpaid wages
  • Your employer has wrongfully withheld payment after you were fired in retaliation
  • Your employer has failed to pay you for all of the hours and overtime pay you have worked

Our attorneys have over 30 years of combined of experience asserting the rights of clients involved in employment disputes. We understand the legal process and will aggressively assert your rights against a wrongful employer. We are skilled in employee rights and in all areas of employment law, including wage and hour disputes.

Our skilled Orlando employment attorneys are prepared to advise you about your right to fair pay for work performed in good faith. Let our attorneys assert your rights and recover the compensation you earned. Contact our offices today to see how we can help you.