Frequently Asked Questions

Employment Law FAQs

Answers to Frequently Asked Questions about Employment Law

If you are employed in the state of Florida, Colorado, Illinois, or New Mexico, you likely know that you have certain rights. However, not all workers know the full extent of their legal rights. At USA Employment Lawyers, we believe that the more informed you are, the better prepared you are to take action when your rights are violated.

Browse our employment law FAQs to find answers to commonly asked employment law questions, or reach out to our firm to schedule a free case evaluation with an employment law attorney in Fort Lauderdale. We are happy to discuss the details of your case and help you devise a personalized plan of legal action.

Contact our office online or call (800) 483-0998 to request a case evaluation today.

Can I sue my employer?

Yes, it is possible to sue your employer if he or she has acted illegally. Prior to taking legal action, however, it is important that you understand your rights as an employee. Federal and state employment laws make it illegal for your employer to discriminate against you based on certain protected classes, such as race, sex, or religion. Additionally, sexual harassment, retaliation, failing to pay earned overtime wages, and failing to afford employees adequate breaks are all prohibited under employment laws.

If you believe your rights have been violated, you can take legal action against your employer. It is important that you speak to an experienced employment law attorney who can help you navigate this process. Contact the team at USA Employment Lawyers for a free case evaluation today.

How do I know if I have been harassed or discriminated against?

Not all workplace harassment and discrimination is obvious; in some cases, it may be difficult to tell if your rights have been violated. If your boss or supervisor requests a sexual favor in return for a promotion or raise, this is harassment. If your coworkers create a hostile work environment by making inappropriate jokes or comments based on your appearance, sex, race, religion, or age, this also constitutes workplace harassment. If you are passed over for a job or a raise due to your sex or race, you have been discriminated against. Learn more about workplace sexual harassment and discrimination—as well as your rights—by browsing our website.

What is a hostile work environment?

A hostile work environment occurs when an employer, supervisor, coworker or multiple coworkers make unwelcome comments or advances that result in any reasonable person feeling intimidated, uncomfortable, or threatened in a way that negatively affects his or her employment. Typically (though not always), this conduct is severe and pervasive in nature.

It is important to note that simply feeling stressed or unhappy at your job does not necessarily mean you are the victim of a hostile work environment. It is not illegal for your boss to yell at you, but it is illegal for him to threaten to fire you unless you perform sexual favors. This is a complex and highly nuanced area of law; it is wise to discuss your situation with an employment law attorney in Fort Lauderdale who knows the ins and outs of these types of cases. Contact USA Employment Lawyers for a free case evaluation.

What is an at-will state?

An at-will state is one in which an employer may fire an employee for any reason at any time, as long as the basis for firing is not discriminatory, retaliatory, or otherwise illegal in nature. In other words, employers in an at-will state can essentially fire an employee for any reason, including no reason at all, with some exceptions.

Learn more by visiting our Unlawful Termination page.

What should I do if I suspect my employer is conducting illegal activity?

You may file a whistleblower claim to expose illegal employer conduct, such as fraud. Federal and state laws protect whistleblowers in both the public and private sectors, but it is important that you speak to an attorney before filing a claim to ensure that your rights are protected.

I am pregnant. Do I qualify for maternity leave?

The Family and Medical Leave Act is a piece of federal legislation that allows employees to take up to 12 weeks of unpaid leave due to a family or health-related issue, including childbirth and care of a newborn. If you choose to take an FMLA-related leave of absence, your employer must allow you to come back to work in the same or an equivalent capacity at the conclusion of your leave.

Can my employer pay me less than minimum wage?

In most cases, all employers in the state of Florida must pay their employees the highest applicable minimum wage which, in this case, is the state’s minimum wage of $8.56 an hour. One exception to this involves tipped employees. Employers may pay tipped employees less than minimum wage if they choose to apply the “tip credit.” In such cases, it is assumed that the employee will make up the difference in tips. The tip credit in Florida is $3.02 an hour, meaning employers may pay tipped employees as little as $5.54 an hour.

Do I qualify for overtime wages?

Overtime wages are available to employees who work more than 40 hours in one week. These workers are entitled to receive overtime wages of one and a half times their normal hourly rate of pay. However, there are certain exceptions to overtime, and not all employees are entitled to receive overtime wages.

Visit our Overtime Wages page to learn more about overtime exemptions and whether or not you qualify for overtime wages.

Can I be fired for reporting sexual harassment or discrimination?

It is illegal for your employer to fire you for reporting workplace harassment or discrimination. This is known as retaliation, and it is prohibited by both federal and state employment law. If you believe that you were fired because you complained of or reported harassment or discrimination, reach out to our Fort Lauderdale employment law attorneys right away for a free and confidential case evaluation.

To learn more about your rights or to speak to a member of our legal team, contact us at (800) 483-0998 and request a free case evaluation today.

Why We Stand Out

A Different Type of Law Firm
  • Making a Difference for Our Clients
  • Utilizing an Ethical Approach
  • Free & Confidential Case Evaluations
  • Serving Clients Across Florida, Colorado, Illinois & New Mexico
  • Personalized Representation
  • Led by a Former Prosecutor
  • Constant Communication with Clients
  • Quick & Methodical Results
Your Dedicated Team

Learn more about your team at USA Employment Lawyers.

Words from Our Former Clients

  • It was handled quickly and professionally...

    “I had an issue with a former employer not paying me what they were supposed to and after I left the company I got in touch with Jordan at USA employment lawyers explained everything to him and told ...”

    - David C.
  • Thank you for your hard work and for fighting for me.

    “Jake and the team at USA Lawyers are AMAZING!! Working with Jake was great he got things rolling very fast! Kept me updated every step of the way. And unlike many lawyers out there today he didn't ...”

    - Victoria L.
  • I would highly recommend this team of attorneys to anyone in need of quick however very professional and caring law firm.

    “My case was resolved more than satisfactory for me. I did not expect the results that I received. Jordan and his experienced team handled this stressful situation completely for me, taking a lot of ...”

    - Lynne S.
  • Very great firm!

    “Very great firm! Keep up the good job they are very smart and know what they are doing thanks again.”

    - James S.
  • Very great firm!!!!

    “Very great firm!!!! Keep up the good job! They are very smart and know what they are doing thanks again Mike.”

    - James E.
  • I highly recommend hiring them!

    “Jordan and his team were so helpful and had my issue resolved very quickly, they were always right there for me if I had any questions or concerns about the process. I highly recommend hiring them!”

    - Breezy R.
  • Thank you for your help and support through this very trying time.

    “Jordan Richards and his team brought my case to a close quickly and with very satisfactory results. They took the stress from my shoulders and gave me back a peaceful and happy nights sleep. I'm ...”

    - Wallace R.
  • I would HIGHLY recommend USA Employment Lawyers!

    “My experience was stressful for me and my family and USA Employment Lawyers took control and handled it to the fullest. I am very appreciative and pleased with how they were able to handle my case. I ...”

    - Desirae S.
  • I highly recommend this legal group for any of your employment law needs!

    “I was very impressed in the timely and professional manner in which my case was handled, as well as how I was treated! This is a very thoughtful and courteous team of people. I was continually ...”

    - Lyssa M.
  • highly recommend

    “Tremendous respect and gratitude for USA employment lawyers for settling my case in a professional and efficient manner - highly recommend to anyone seeking counsel!”

    - Kyle E.
  • Jordan Richards and his team went above and beyond typical lawyer/client interaction.

    “Jordan Richards and his team went above and beyond typical lawyer/client interaction. Mr. Richards and his team treated me like family and pursued my case with the upmost care and diligence. They did ...”

    - Rachel D.
  • This law firm is excellent on all fronts...

    “This law firm is excellent on all fronts, from the moment they answer the phone -- with a real person -- to the first appointment. They are responsive, knowledgable and professional.”

    - Ellen C.
  • Listen, Jordan and his team are the best!

    “Listen, Jordan and his team are the best!”

    - Tarique S.
  • Thank you so much for your help through a very difficult time.

    “Mr. Richards assisted us with an FLSA defense. To be confronted with this type of a lawsuit is really demoralizing especially that when you've done nothing wrong. Mr. Richards helped me to accept that ...”

    - GM
  • We are grateful for his expertise and patience.

    “My adult daughter encountered threats from her former employer around a non-compete clause that she had unwittingly signed. Jordan was able to explain her risks and more importantly, find holes in her ...”

    - Lisa B.

Put the Law to 
Work for You

Contact Us Today

All case evaluations are free and confidential.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.