The Fee Is Free Unless You Win.
America’s Largest Law Firm
Protecting Families Since 1995
$400 Million Won
Employment law in Miami involves issues relating to discrimination, wrongful termination, retaliation, employment contracts, family leave act, wage and hour, and whistleblower claims. The laws in Miami and the federal government make it illegal for an employer treat an employee unfairly or harass him or her because of his or her gender, age (over 40), religion, national origin, race, military status, citizenship status, disability, pregnancy, sexual orientation, or any other protected class.
It is also illegal to sexually harass an employee, terminate an employee because of his or her status as a member of a protected class, being a whistleblower, or taking advantage of the family leave act, or misclassify an employee as exempt or an independent contractor to avoid paying appropriate wages and taxes to the IRS. For over 25 years, the Derek Smith Law Group has helped employees whose rights have been violated by their employers or in the workplace to receive the compensation they deserve.
When employees are unfairly treated, wrongfully terminated, retaliated against, improperly categorized, denied time off for family illness, or exposed as whistleblowers, the employer is breaking the law. Employment law categories include:
1. Discrimination. Discrimination in Miami is when an employer/CEO, supervisor or manager, fellow employee, or non-employee, like a customer or vendor, unfairly treats or harasses an employee or job applicant because he or she is over 40, disabled, of a certain race, region, sexual orientation, gender identity or national origin, is pregnant, maintains a certain military or citizenship status, or a member of a protected class. This is illegal behavior and should never be tolerated in the workplace.
2. Wrongful Termination. Wrongful termination in Miami occurs when an employee is terminated or fired from his or her position based on his or her status as a member of a protected class or as a method of retaliation for reporting wrongdoing in the workplace.
3. Retaliation. Retaliation occurs when an employer wishes to “get back” at an employee for legal behavior. For instance, firing a whistleblower would be retaliation. However, retaliation can also occur when an employee reports an issue to HR and then is fired, demoted, experiences a reduction of pay, or even has a lawsuit filed against him to teach him a lesson. Even calling ICE on an employee is a form of retaliation is you are doing so to get back at him.
4. Sexual Harassment. Sexual harassment in Miami is unwanted sexual contact or advances in the workplace. Anyone can be a victim of sexual harassment, and more importantly, anyone in the workplace can be a perpetrator of sexual harassment, such as a CEO, manager, supervisor, fellow employee, or even a non-employment like a customer or a vendor. Sexual harassment can also include sexism, sexist jokes, and sexually targeted or gender-specific name-calling.
5. Wage and Hour. Wage and hour claims relating to employee pay and classifications. Issues, such as classifying an employee as exempt when they are clearly a non-exempt employee, resulting in nonpayment of overtime, classifying an employee as an independent contractor to avoid paying benefits and taxes, paying an employee under the table to deny benefits and tax payments, and cutting an employee’s hours on paper which result in less pay and no need to pay overtime are illegal. Employees falling victim to these and other wage and hour violations are entitled to compensation.
6. Family Leave Act. The Family Leave Act is the federal act that ensures employees can take unpaid leave from work for up to 12 weeks in one full year to care for a family member or bond with a newborn or adopted child. The Miami-Dade County Ordinance also allows employees to take up to 12 weeks of leave to care for a family member and includes grandparents in the list of qualified family members.
7. Whistleblower. Whistleblower claims allow for employees of government pr private companies to report illegal activity of the employer to a person who can act of the report. Under the Florida Whistleblower Act, whistleblowers cannot be fired or otherwise retaliated against for bringing this information forward. The idea is to encourage people who see something to say something without the fear of losing his job or experiencing any type of retaliation.
8. Employment Contract and Noncompete Clauses. Employment contracts and noncompete clauses can be difficult to navigate. Many times, there is information within the contract or clause that is not enforceable. Yet, the average employee may not be aware of that. It can make a difference int eh outcome of ending your employment or even during the course of your employment if you have an experienced employment attorney n your side to help argue for proper justice.
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired!
Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
Employment law claims in Miami can come from any one of the eight categories listed above. Employment law encompasses the everyday activities at the workplace as well as horrific acts that are allowed to occur between employees or an employee and a supervisor, CEO, or even a vendor or customer.
Miami courts work to try to help victims of employment law issues to receive appropriate compensation. Some of the remedies available through the courts include:
A place of employment should be free of discrimination, harassment, and retaliation. No employee or job applicant should have to tolerate unfair treatment or harassment for any reason in the workplace.
If you are the victim of employment law violations, the experienced attorneys at the Derek Smith Law Group in Miami can help. Contact us today at (305) 946-1884 for a free consultation today. We do not collect any money until you are paid.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.