Kaplan Employment Law takes on employees’ rights cases because we know how uneven these matchups are—employers and their team of attorneys can make your life feel even worse when you’re facing harassment at work.
Finding the resources to tell your story is essential. Working with one of our employees’ rights lawyers is a crucial first step, but we feel these resources can help you explore your options and get better answers from us.
Speak to an attorney to get started with your workplace harassment or discrimination case.
The legal world is full of confusing terms. These are some of the most common ones that you might find in connection with your case.
Adverse Employment Action
A negative change in an employee’s job status due to an employer’s decision, such as termination, demotion, reduction in pay, or reassignment to unfavorable duties.
Age Discrimination
Unfair treatment of an employee based on age, typically affecting workers over 40 under federal law.
Bona Fide Occupational Qualification (BFOQ)
A legal defense allowing an employer to hire based on specific characteristics (such as gender or religion) when they are essential for a particular job.
Burden of Proof
The responsibility of a party (usually the employee) to provide sufficient evidence to support a discrimination or harassment claim.
Constructive Discharge
When an employee resigns due to intolerable working conditions that a reasonable person would feel forced to leave.
Covered Employer
A business or organization that must comply with workplace discrimination and harassment laws due to its size or structure.
Disparate Impact
A neutral policy or practice that unintentionally discriminates against a protected group.
Disparate Treatment
Intentional discrimination against an employee based on a protected characteristic.
Equal Employment Opportunity (EEO)
The legal principle that all employees should receive fair treatment in hiring, promotions, pay, and other work-related decisions.
Equal Pay Act (EPA)
A federal law that requires employers to pay men and women equally for performing substantially similar work.
Harassment
Unwanted conduct based on a protected characteristic that creates a hostile, intimidating, or offensive work environment.
Hostile Work Environment
A workplace where an employee experiences harassment or discrimination severe enough to interfere with their job performance.
National Origin Discrimination
Unfair treatment of employees based on their country of origin, ancestry, or accent.
Non-Retaliation Policy
A policy that protects employees from punishment or adverse actions for reporting workplace discrimination or harassment.
Protected Class
A group of people legally protected from discrimination based on characteristics such as race, gender, religion, or disability.
Pretext
A false reason given by an employer to justify an adverse action when discrimination was the real motive.
Quid Pro Quo Harassment
A form of sexual harassment where job benefits are conditioned on submitting to unwanted advances.
Reasonable Accommodation
An adjustment or modification an employer must make to allow an employee with a disability or religious belief to perform their job.
Retaliation
Punishment against an employee for filing a discrimination complaint, participating in an investigation, or opposing unlawful practices.
Wrongful Termination
Firing an employee in violation of anti-discrimination laws, employment contracts, or public policy.
I Needed a Strong Negotiator & I Got One
I searched for an employment lawyer and found Brett Kaplan. I needed a strong negotiator for my severance agreement and felt like I could trust Brett. Brett was able to negotiate a higher severance for me and I couldn't have been more satisfied! The process was easy, smooth, and pain free. If I ever need him again, I'll surely be circling back! Thanks, Brett.
Maya Hicks
FAQS RELATED TO EMPLOYMENT RIGHTS
When you’re in the middle of an employment dispute, it’s understandable that you might have questions. It’s not an everyday situation and we’re here to help answer whatever questions you may have. Explore these FAQs, or use our contact page to connect with our team.
1. HOW DO I KNOW IF I HAVE A CASE FOR WORKPLACE DISCRIMINATION?
If you were treated unfairly at work due to race, gender, age, disability, religion, national origin, or another legally protected characteristic, you may have a case. Evidence like emails, witness statements, or a pattern of mistreatment can strengthen your claim. An employment lawyer can help assess your situation.
2. What should I do if I’m being harassed at work?
Document every incident, including dates, times, and any witnesses. Report the harassment to HR or a supervisor in writing. If your employer fails to act, you may be able to file a complaint with the EEOC or a state agency—or pursue legal action with an attorney’s guidance.
3. What qualifies as wrongful termination?
Wrongful termination occurs when an employer fires an employee in violation of anti-discrimination laws, retaliation protections, an employment contract, or public policy. If you were fired after reporting misconduct, requesting accommodations, or taking legally protected leave, you may have a case.
4. How long do I have to file an employment lawsuit?
Deadlines vary by claim type and state. For example, EEOC discrimination claims typically must be filed within 180 days (sometimes extended to 300 days under state laws). Wage theft, retaliation, and contract claims have different statutes of limitations, so speaking with an attorney promptly is crucial.
Can I sue my employer for retaliation?
Yes. If your employer took adverse action—such as firing, demoting, or cutting your hours—because you reported workplace misconduct, filed a discrimination complaint, or participated in an investigation, you may have grounds for a retaliation lawsuit.
6. What evidence do I need for an employment lawsuit?
Strong evidence includes:
Emails, texts, or written communication showing bias or mistreatment
Witness statements from coworkers
Performance reviews that contradict the employer’s reasons for termination
Documentation of complaints filed with HR or government agencies
Pay stubs or schedules for wage-related claims
7. Can I afford to hire an employment lawyer?
Many employment attorneys work on a contingency fee basis, meaning you don’t pay upfront. Instead, they receive a percentage of any settlement or court award.
8. What can I recover in an employment lawsuit?
Possible compensation includes:
Back pay (lost wages and benefits)
Emotional distress damages
Punitive damages (if the employer’s conduct was especially harmful)
Reinstatement to your job (in some cases)
Attorney’s fees and legal costs
9. What happens if my employer denies the allegations?
Most employers deny wrongdoing, but that doesn’t mean you don’t have a case. If your employer disputes your claims, your attorney can present evidence, conduct depositions, and challenge their defense in court or settlement negotiations.
10. Do I have to go to court if I file an employment lawsuit?
Not necessarily. Many employment disputes are settled out of court through mediation or negotiations. However, if a fair settlement isn’t reached, your lawyer may recommend taking the case to trial.
FLORIDA EMPLOYEES’ RIGHTS RESOURCES
Working with an employees’ rights attorney is a great way to start protecting yourself, your career, and your future. Attorney Brett Kaplan is ready to answer your questions and help you understand what’s going on in your case. Other resources, like the Florida Commission of Human Relations, can provide some insight when you want to start your own research.
FLORIDA COMMISSION OF HUMAN RELATIONS
If you were treated unfairly at work due to race, gender, age, disability, religion, national origin, or another legally protected characteristic, you may have a case. Evidence like emails, witness statements, or a pattern of mistreatment can strengthen your claim. An employment lawyer can help assess your situation.
The United States Department of Labor is a federal advocate intended to foster, promote, and develop the well-being of wage earners, job seekers, and retirees throughout the country. The department strives to improve working conditions and assure workers of their rights and related benefits.
This federal commission is responsible for enforcing laws that make it illegal to discriminate against a job applicant or employee because of their race, color, religion, sex, national origin, age, disability, or genetic information. This commission investigates claims, and is one of the first to get involved in discrimination or harassment lawsuits.
When you’re seeking justice in your discrimination or harassment case, it’s hard to know where to find all of the answers. We can answer your questions and guide you towards the settlement that gives you justice. Fill out our form to share your story with us, and let us help you tell it.
TELL YOUR STORY — SCHEDULE YOUR CONSULTATION TODAY
We understand that your rights as an employee can be confusing and that you might feel overwhelmed. We are prepared to review your case and explain your options so you can decide the best course to protect your future.
