Cape Coral Employment Law Attorneys

Helping Employees in Fort Myers and Naples Enforce Their Rights

As an employee, you work for your boss. That relationship does not give your employer complete control. In fact, many state and federal laws work to protect employees against unfair wage practices, discrimination, harassment, wrongful termination, and other forms of misconduct.

If you think your rights as an employee may have been violated, you should not hesitate to get legal advice. Our Cape Coral employment lawyers at Lusk, Drasites & Tolisano have been representing local employees for over 40 years and can quickly determine whether you have a case. Depending on the circumstances, you may be entitled to compensation and other remedies if you were subject to unlawful treatment. We can help you take the appropriate action and fight for you every step of the way.

You pay us nothing unless we win, so contact us online or call (239) 908-4930 to schedule a free initial consultation. Se habla español.

Wrongful Termination

Florida is an at-will employment state, meaning you are free to leave your job for any reason. This means your employer is also free to terminate your employment for any reason so long as it does not do so unlawfully. The law protects employees against wrongful termination, which can occur when an employer attempts to fire or lay someone off for an illegal reason. 

Your boss cannot fire you because:

• You belong to a protected class
• You “blew the whistle” on what you believed to be illegal behavior
• You refused to do something illegal
• You took protected leave under the Family Medical Leave Act 

In addition to whistleblower protections, your employer cannot fire you for any retaliatory reason. This means your boss cannot fire you for exercising any of your rights, such as discussing wages with coworkers or reporting sexual harassment. If you think you were wrongfully terminated, our Cape Coral employment lawyers may be able to help you get compensation for back pay and other losses. In some cases, we may even be able to get you reinstated to your old position. 

Unpaid Wages and Overtime

Under the law, every employee must be paid for all hours worked. What should be a simple ethos instead becomes complicated when employers look for reasons to deny employees proper pay. 

One of the most common wage issues involves unpaid overtime, as some employers will refuse to honor legally mandated overtime rates or rely on payroll or classification tricks to make it seem like an employee does not qualify for overtime. Non-exempt employees must receive 1.5 times their base rate of pay for any hours worked in excess of 40 hours in a single workweek.

Only workers in very limited categories are exempt from overtime rules. If you never receive overtime pay but frequently work extremely long hours, there is a chance your boss is denying you the full compensation you are owed. Our firm’s team can assess any potential wage dispute, walk you through your rights, and advise whether you have a claim. If you do have a case, we will work to hold your employer accountable and recover the wages you have earned. 

Do not wait to get legal advice if you suspect any of your employee rights have been violated. Contact us online or call (239) 908-4930 to discuss your situation with us today.

Workplace Dicrimination Employees cannot be treated adversely because they belong to a “protected class.” Federally protected classes include race, color, religion, sex, gender, sexual orientation, gender identity, pregnancy status, disability, and age (40 and over). Florida law also specifically forbids employment discrimination on the basis of marital status, AIDS/HIV status, or sickle cell trait.

Examples of discriminatory workplace treatment include:

• Being fired or laid off because of your belonging to a protected class
• Being retaliated against for belonging to a protected class
• Being overlooked for raises or promotions due to your belonging to a protected class
• Being subject to inappropriate comments related to your belonging to a protected class
• Receiving less pay for the same work due to your belonging to a protected class
• Not being hired for a job you are qualified for because of your belonging to a protected class

Anti-discrimination laws apply to workplaces and hiring processes, meaning recruiters and hiring managers cannot make employment decisions based on your belonging to a protected class. If you believe you are being discriminated against at work or during an interview process, our Cape Coral employment law attorneys can help you explore your legal options.

Sexual Harassment

Sexual harassment is considered a form of discrimination on the basis of sex and is thus illegal in Florida workplaces. People of all genders, sex, sexual orientations, and gender identities can experience or perpetrate sexual harassment.

In workplaces, sexual harassment takes two primary forms:

• Hostile Work Environments. A hostile work environment takes root when rampant discriminatory behavior interferes with an employee’s ability to do their job. In sexual harassment cases, hostile work environments tend to involve some combination of inappropriate sexual jokes or comments or unwelcome touching or advances. A hostile work environment does not have to be created by someone’s boss, manager, or supervisor: They can be perpetrated by employees at all levels or even other workplace occupants. Employers have a legal responsibility to enforce anti-discrimination policies and resolve any hostile work environments that do develop. 
• Quid Pro Quos. A quid pro quo is a more direct request for a sexual favor in exchange for some form of advancement. It can sometimes be used as a threat. For example, a boss might promise an employee a promotion if they agree to go out on a date. These sorts of arrangements are always inappropriate, discriminatory, and unlawful. 

No one should have to deal with any form of sexual harassment anywhere but especially not at work. Our empathetic team at Lusk, Drasites & Tolisano can help you seek justice if you are dealing with a hostile work environment or have been presented with a quid pro quo.