Question 1

When is harassment illegal?

Accepted Answer

Contrary to popular belief, it is not illegal for a supervisor to harass an employee simply because he or she doesn’t like the employee’s work or doesn’t like the employee as an individual. Harassment is illegal only if it is based on some protected characteristic of the employee, such as his or her age, race, national origin, sex, religion or disability.

Question 2

Can an employer retaliate against an employee who complains about harassment or discrimination in Florida?

Accepted Answer

Under both federal and Florida law, an employee who engages in the protected activity of complaining to the employer about sexual harassment or discrimination based upon protected characteristics (age, race, sex, and others) may not be retaliated against for making that complaint. Retaliation often may include reduction in hours, a poor performance evaluation, increased job duties, disciplinary actions, demotions, failure to receive promotions or termination of employment.

Question 3

What is sexual harassment at work under Florida law?

Accepted Answer

Federal law and Florida law prohibit sexual harassment in two forms: quid pro quo and hostile work environment.

Quid pro quo harassment usually involves a request for sexual favors in exchange for continued employment, a promotion, increased pay or other employment benefit. Hostile work environment Harassment involves severe or pervasive use of unwelcome and offensive language, sexual images or physical touching that a reasonable person would find to be objectionable.

Question 4

Can I sue a company for wrongful termination In Florida?

Accepted Answer

Under Florida law, in the absence of civil service regulations for public employees, a union collective bargaining agreement or an employment contract providing additional rights and protections, an employee’s status is deemed to be “at will.” This means that the employee serves at the will of the employer and the employer may determine the terms and conditions of that employment, and can change those terms and conditions at any time, with or without notice, and for any reason.

As such, for the at-will employee, there is no claim under Florida law for “wrongful termination” per se because the employer can terminate the employee at any time, for any reason or for no reason at all. The employer’s reason for termination, if provided at all, may be unfair, unethical, immoral, poor judgment, based on a mistaken belief or a bad business decision. This is the general rule in Florida and most of the United States.

Question 5

Can I sue an employer for unpaid wages in Florida?

Accepted Answer

Under Florida law, an employee who is not paid wages may bring a claim in civil court. The law provides that, if the employee prevails in recovering wages in court, the employee may further recover attorney’s fees and court costs. Wages would include hourly pay, salary, commissions and non-discretionary vested bonuses.

Additionally, under federal law, most employers are required to pay non-exempt employees the prevailing federal minimum wage for hours worked, as well as overtime pay for time worked in excess of 40 hours per week. There are certain employees who are exempt from being paid overtime, including professionals (doctors, lawyers, accountants, etc), executives, and administrators.

Question 6

What areas of law does Gallup Auerbach specialize in?

Accepted Answer

Gallup Auerbach specializes in labor and employment law, including employee benefits, wrongful termination, and labor disputes.

Question 7

Where is Gallup Auerbach located?

Accepted Answer

Gallup Auerbach is located at 4000 Hollywood Boulevard, Suite 265 South, Hollywood, FL 33021, USA.

Question 8

What are the business hours of Gallup Auerbach?

Accepted Answer

Gallup Auerbach is open Monday through Friday from 9:00 AM to 5:00 PM and is closed on weekends.

Question 9

How can I contact Gallup Auerbach for legal services?

Accepted Answer

You can contact Gallup Auerbach by phone at +1 954-889-5125 or toll-free at +1 888-545-2325, or visit their website at http://www.gallup-law.com/ for more information.

Question 10

Does Gallup Auerbach offer mediation or arbitration services?

Accepted Answer

Yes, Gallup Auerbach's founding attorneys provide mediation and arbitration services and have successfully guided over 75% of cases to amicable settlements.

Question 11

How experienced are the attorneys at Gallup Auerbach?

Accepted Answer

Their attorneys have over 60 years of collective experience and are recognized professionals certified by the Florida Supreme Court.

Question 12

Can Gallup Auerbach assist both employers and employees?

Accepted Answer

Yes, their lawyers serve as advisers and advocates for both employers and employees in labor and employment law matters.

Question 13

Is there a way to schedule a consultation with Gallup Auerbach online?

Accepted Answer

Yes, you can schedule a consultation by visiting their contact page at https://www.gallup-law.com/contact.

Question 14

What nearby services can clients access when visiting Gallup Auerbach?

Accepted Answer

Nearby services include financial assistance at Prospera Mortgage and American Financial Network, healthcare at Preferred Care at Home of South Broward, and legal services at Miami's Insight Business Consulting.

Question 15

Are there nearby transit or travel resources that can help clients reach Gallup Auerbach?

Accepted Answer

Clients can use ExoticFloridaRentals for travel needs nearby, which might facilitate transportation options to Gallup Auerbach's office.

Question 16

What other legal service providers are close to Gallup Auerbach?

Accepted Answer

Close by are legal professionals such as Bober & Bober, P.A., the law firm Trop & Ameen, P.A., and The Closers Title Insurance Agency for various legal and estate planning needs.

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