Derek Smith Law Group / Employment Law / Workplace Harassment Attorneys / Workplace Harassment Attorneys in Miami

Workplace Harassment Attorneys in Miami

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What Is Workplace Harassment in Miami?
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Workplace harassment in Miami occurs when an employee is degraded or faces offensive treatment from his or her employer, CEO, supervisor/manager, or co-worker based on race, religion, gender, pregnancy, military status, national origin, citizenship status, color, age (over 40), disability, sexual orientation, or gender identity.

This is also known as a hostile work environment and it is illegal. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of workplace harassment, just like you, get the justice they deserve.

What Is Workplace Harassment in Miami?

Workplace harassment in Miami, also known as a hostile work environment occurs when an employer, CEO, supervisor/manager, or co-worker create a work environment that a reasonable person would feel is unbearable based on race, color, national origin, religion, age (over 40), disability, pregnancy, citizenship, military status, gender, sexual orientation, gender identity, or anything else that may be considered a protected class under Title VII of the Civil Rights Act of 1964. The treatment must be severe and pervasive. Workplace harassment can come in the form of:

Offensive jokes
Name-calling
Unwanted physical contact
Berating
Threats to employment opportunities
Physical threats
Offensive drawings
Offensive graphics on clothing
Abusive comments
Using slurs

What Evidence is Needed to Prove Workplace Harassment in Miami?

In order to prove workplace harassment in the workplace, you need to prove the following three things.

1. The harassment must target a protected class. This means that it must address your race, religion, color, gender, sexual orientation, gender identity, age, disability, pregnancy, citizenship, or military status.

2. The harassment must be severe and pervasive. This means that it must be extremely offensive, so much so that a reasonable person would be highly offended. The general rule id that if it occurs once, that is usually not severe or pervasive. However, if it happens more than once, especially after a complaint has been made, the harassment may be considered severe and pervasive.

3. The harassment must make the workplace unbearable under the reasonable person standard.

What Qualifies as Workplace Harassment?

Workplace harassment comes in many forms. Some examples of workplace harassment include:

Your boss calls you a stupid woman as he criticizes your work.
Your co-worker wears shirts with Nazi propaganda on it
Your co-worker sends out weekly “jokes” about the LGBTQ community, despite your complaints to HR.
Your supervisor continuously jokes that you must be as old as the first caveman, even when you told him it offends you and asked him to stop
Your manager tells you to “go back to where you came from” in the process of criticizing your work
Your boss promises you a raise if you go on a date with her
Your co-worker imitates your foreign accent while making fun of your method of completing a project
Your co-worker uses racial, religious, and gender-specific slurs regularly
Your boss continues to grope you whenever he is alone with you

What is the Statute of Limitations to File a Workplace Harassment Lawsuit in Miami?

The time limit to file your lawsuit for workplace harassment is based on the laws you wish to use for your claim. If you wish to file a claim based on a Title VII violation, you must file your claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of the last incident of workplace harassment. The EEOC will conduct an investigation and if they determine your claim is valid, will issue a Right to Sue letter to allow you to file your lawsuit.

If the claim is related to race discrimination, you can file a claim under 42 U.S. Code §1981, the time limit to file your claim is 4 years from the date of the last incident.

Under Florida law, you can also file a claim with the Florida Commission on Human Relations (FCHR) allows you 365 days to file a claim for workplace harassment. The FCH also maintains a reciprocal agreement with the EEOC in which a claim can be filed through one entity and, in turn, be filed with both entities.

What Remedies Are Available to Victims of Workplace Harassment in Miami?

As a victim of workplace harassment, you want relief from the courts for your pain and suffering. The court may offer the following remedies for your complaint:

Reimbursement of medical and other expenses
Attorney’s fees
Removal of the person responsible for the harassment
Review and revamping of the harassment policy
Pain and Suffering
Emotional Distress
Punitive damages

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During 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

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Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

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

Phyllis Parker

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.

Wally Peczon

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

Tali Loya

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

Corey Kientz

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

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Corey Kientz

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!

Marissa Shander

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

jessica gonzalez

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 Testimonialwon't be disappointed! 10/10

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How Long Will Workplace Harassment Litigation Take to be Resolved in Miami?

The length of time your lawsuit for workplace harassment in Miami will take to settle is directly related to the details of your case and the parties involved.

If your employer is willing to negotiate terms for a fair settlement, your lawsuit may settle within 4 to 6 months.

However, if your employer will not negotiate a settlement, the case may have to go to trial. The process to prepare for trial may take 8 months to a year or longer.

The trial may take an additional few days to several weeks until a judgment is entered.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

A Few Thing You Can Do Right Now

If you are the victim of workplace harassment, you are likely hurt, confused, and scared. It is difficult you make the move to file a claim against your employer. The decision should not be taken lightly. However, as you make your decision, here are a few things you can do to help prepare for your case in advance.

Contact an experienced workplace harassment lawyer.
If you are still employed with the company, do not quit until you consult an attorney.
If your company has an HR department, report the harassment in writing. Filing a complaint gives the company the opportunity to make things right. A court will want to see that you made this attempt before hearing your case.

If your company has a policy for handling harassment, follow it.
Gather evidence. Collect all evidence that can help prove your claim. Collect emails, text messages, and notes. Document incidents, including what occurred, where and when it occurred, who was involved, and any witnesses.
Do not waste time. Your time to file a claim is limited. Do not wait so long that your window closes.

Contact Our Experienced Miami Workplace Harassment Attorneys for a Free Consultation

All employees have a right to work without being harassed because of who they are or their protected class status. If you are a victim of workplace harassment in Miami, the experienced attorneys at the Derek Smith Law Group can help. Contact us today at (305) 946-1884 for a free consultation. We do not collect any money until you win your case.

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